Bill Text: TX HB4338 | 2021-2022 | 87th Legislature | Comm Sub

Texas House Bill 4338 (Prior Session Legislation)

Bill Title: Relating to the representation of a community supervision and corrections department in cases in which a person under the supervision of that department challenges the fact or duration of the supervision.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB4338 Detail]

Download: Texas-2021-HB4338-Comm_Sub.html



	By: A. Johnson of Harris (Senate Sponsor - Huffman)	H.B. No. 4338
	(In the Senate - Received from the House May 17, 2021;
	May 17, 2021, read first time and referred to Committee on Criminal
	Justice; May 22, 2021, reported favorably by the following vote:
	Yeas 7, Nays 0; May 22, 2021, sent to printer.)
Click here to see the committee vote


	A BILL TO BE ENTITLED
	AN ACT

	relating to the representation of a community supervision and
	corrections department in cases in which a person under the
	supervision of that department challenges the fact or duration of
	the supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 76.006, Government Code, is amended by
	amending Subsection (d) and adding Subsection (d-1) to read as
	follows:
	(d) The attorney general has the duty to defend a department
	for suits for injunctive, declaratory, or monetary relief brought
	against it for any action not covered by an indemnification policy,
	except any action brought by the state or another political
	subdivision.
	(d-1) If a person under the supervision of a department
	challenges the fact or duration of the supervision, the attorney
	general or the district or county attorney with jurisdiction over
	the offense for which the person is under supervision shall defend
	the department or its employees. The attorney general must defend
	the department or its employees in a case described by this
	subsection if the district or county attorney is unable to defend
	the department or its employees, as applicable. At the request of a
	district or county attorney, the [~~The~~] attorney general may provide
	assistance to the district or county attorney in defending [~~shall~~
	~~not defend~~] a department or its employees in cases described by this
	subsection [~~in which a person under supervision challenges the fact~~
	~~or duration of the supervision~~].
	SECTION 2. Section 76.006(d-1), Government Code, as added
	by this Act, applies only to a case described by that subsection
	that is initiated on or after the effective date of this Act. A case
	that is initiated before the effective date of this Act is governed
	by the law in effect on the date the case was initiated, and the
	former law is continued in effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2021.

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