Tex. Gov't Code Section 301.061
Legal Representation of Legislature


(a)

Subject to the requirements of Subsection (b) and to the exception provided in Subsection (c), the legislature, after notifying and consulting the attorney general, may employ counsel, or authorize the counsel of a legislative agency, to file suits on behalf of the legislature, to intervene in pending litigation on behalf of the legislature, or to otherwise represent the legislature in the courts of this state or in the courts of the United States.

(b)

Representation of the legislature under this section is authorized only if:

(1)

the speaker and the president of the senate approve the representation in writing; or

(2)

both houses by concurrent resolution approve the representation.

(c)

Subsection (a) does not apply to the representation of the interests of the legislature before the Supreme Court of Texas in violation of Article IV, Section 22, of the Texas Constitution.

(d)

A member of the legislature is immune from civil liability resulting from the legislature’s participation in litigation under this section, including liability for attorney fees, costs, and sanctions that may be awarded in the litigation. This subsection is cumulative of the common law immunity applicable to the conduct of members of the legislature.
Added by Acts 1993, 73rd Leg., ch. 753, Sec. 1, eff. June 17, 1993.

Source: Section 301.061 — Legal Representation of Legislature, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­301.­htm#301.­061 (accessed Apr. 29, 2024).

301.001
Time and Place of Meeting
301.002
Who May Organize
301.003
Presiding Officers
301.004
Temporary Officers
301.005
Lack of Quorum
301.006
Selection of Officers
301.011
Short Title
301.012
Purpose
301.013
Selection of Committees
301.014
Powers and Duties of Standing Committees
301.015
Meetings of Standing Committees
301.016
Special Committees
301.017
General Investigating Committees
301.018
General Investigating Committee Meetings
301.019
Joint General Investigating Committee Hearings
301.020
Powers and Duties of General Investigating Committees
301.021
General Investigating Committee Employees
301.022
Testimony Under Oath
301.023
Administering Oaths
301.024
Process
301.025
Refusal to Testify
301.026
Contempt of Legislature
301.027
Prosecution for Contempt of Legislature
301.028
Cooperation of Other Agencies
301.029
Appropriations for Salaries, Per Diem, and Expenditures
301.031
Committee Staff
301.032
Gifts and Grants
301.033
Allocation of Space in Legislative Services Building
301.034
Termination of Membership on Interim Committee
301.035
Joint Interim Committee Per Diem and Travel Expenses
301.041
Communications with Parliamentarians
301.042
Communications with Engrossing and Enrolling Department
301.043
Engrossing and Enrolling Department Records of Drafting and Other Requests
301.051
Issuance of Publications
301.052
Distribution of Journals
301.061
Legal Representation of Legislature
301.071
Sale of Texas Flags and Similar Items
301.072
State Buildings Occupied by Legislative Offices and Agencies
301.073
Facilities Management Services for Space Occupied by Legislature
301.0221
Use of Pseudonym by Victims of Human Trafficking

Accessed:
Apr. 29, 2024

§ 301.061’s source at texas​.gov