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Committee reviews bill to clarify attorney general’s authority to defend local prosecutors in federal court
Summary
Senate Bill 888 would explicitly allow the Texas attorney general to defend a district or county attorney in federal court when the action relates to enforcement of a state statute and the local prosecutor requests assistance. Supporters said the change fills statutory gaps; the bill was left pending in committee.
Senator Bettencourt described Senate Bill 888 as clarifying that the Texas attorney general may defend a district or county attorney in federal court when the cause of action relates to enforcement of a state statute and the local prosecutor requests assistance. Bettencourt said current law gives the attorney general authority to defend district attorneys in some instances but does not explicitly authorize defense when enforcement of a state statute is at issue and is silent about county attorneys.
Tom Glass of Texas Constitutional Enforcement testified in favor, saying the bill provides needed protection for local prosecutors, particularly in smaller or border counties, and helps prevent legal actions that could "bust the budget" of local offices. Glass also recommended expanding protections to peace officers in future legislation.
The committee had a resource witness from the attorney general's office available; no additional public witnesses registered against the measure. The chair closed public testimony and left the bill pending in committee for further consideration.
