Tex.
Local Gov't Code Section 157.9015
Representation Permitted Without Conflict of Interest
(a)
It is not a conflict of interest for a district or county attorney under Section 157.901 (Legal Defense of Employees) to defend a county or a county official or employee sued by another county official or employee and also to advise or represent the opposing party on a separate matter arising from the performance of a public duty, regardless of whether the attorney gives the advice or representation to the opposing party before the suit began or while the suit is pending.(b)
If practicable, the district or county attorney shall assign a different attorney to defend the county or a county official or employee under this section than the attorney assigned to advise or represent the opposing party on a separate matter.(c)
This section does not require a district or county attorney to represent a county official or employee who brings a suit against the county or another county official or employee for an action arising from the performance of a public duty.(b)
The district judges in the county may, by a majority vote at a meeting of which each judge has notice, apply to all juvenile and probation officers appointed under Title 82, Revised Statutes, all court reporters, and the county auditor and all the auditor’s assistants in the county the rules that:(1)
are adopted by the commissioners court in the county for other county and district employees; and(2)
relate to hours of work; vacations; holidays; sick leave; deductions for absences; retirement; medical care; hospitalization; and compensation, accident, hospital, and disability insurance.(c)
The district judges must uniformly apply the rules as far as practicable.(d)
If the district judges do not exercise their authority under Subsection (b):(1)
the juvenile board of the county may, to the extent the board determines, apply the rules to the juvenile and probation officers;(2)
the district judges may, to the extent the judges determine by vote of a majority present, apply the rules to the court reporters; and(3)
the county auditor may, to the extent the auditor determines and with the approval of a majority of the district judges, apply the rules to the county auditor and the auditor’s assistants.(e)
A decision of the district judges under Subsection (d)(2), must be evidenced by an order entered in the minutes of each judge’s court. A certified copy of the order must be given to the commissioners court of the county.(f)
If a juvenile or probation officer, a county auditor, or an assistant to the auditor is jointly employed by two or more subdivisions of government, the rules that are applied to that person may be changed accordingly. To achieve uniform application of the rules, the person may be considered to be employed and paid by only one subdivision, but the expenses of administration and contributions may be prorated to the different employing subdivisions.(g)
This section does not affect any other law that applies to the time, method, and manner of appointment or discharge of a juvenile or probation officer, a court reporter, or the county auditor or an assistant to the auditor or that applies to the number or salaries of those persons.
Source:
Section 157.9015 — Representation Permitted Without Conflict of Interest, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.157.htm#157.9015 (accessed Jun. 5, 2024).
