Relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court.
Summary
HB 2460 would expand the circumstances under which the Texas attorney general may provide a legal defense for a state district attorney or county attorney sued in federal court. Under the bill, the attorney general may step in only when the prosecutor is sued because of their official position, the lawsuit concerns enforcement of a state statute, and the prosecutor asks for assistance. The bill also renames the existing Government Code provision to include district attorneys, county attorneys, and grand jurors in the section heading, though the operative change focuses on prosecutors.
The bill is prospective only and would apply to federal court actions filed on or after September 1, 2025. Lawsuits filed before that date would continue to be governed by existing law. In practical terms, the measure would create an additional state-backed defense option for local prosecutors facing federal litigation tied to their official enforcement duties, potentially shifting some litigation costs and defense responsibilities to the attorney general's office.
Impact
HB 2460 would amend Section 402.024 of the Government Code to expressly authorize the attorney general to defend district attorneys and county attorneys in certain federal lawsuits arising from their official roles and from enforcement of state law. This would broaden the attorney general's discretionary defense authority and could affect how local prosecutors respond to federal civil actions connected to state statute enforcement. The bill would apply only to new federal cases filed on or after its effective date, leaving existing cases under prior law.
Sentiment
The available record shows no committee transcript, recorded votes, or other discussion reflecting opposition or support, so the public sentiment around HB 2460 cannot be measured directly from the provided materials. Based on the bill's narrow and procedural nature, it appears to be a targeted administrative/legal measure rather than a broadly controversial policy change. The bill was ultimately laid on the table subject to call in the House, indicating it did not advance at that stage, but the reason for that action is not provided here.
Contention
The main policy question raised by HB 2460 is whether the state attorney general should be authorized to defend local prosecutors in federal court when they are sued for actions tied to enforcing state law. Potential points of contention include the scope of state resources devoted to defending local officials, the degree of discretion given to the attorney general, and whether the bill could encourage or shield aggressive enforcement actions by district or county attorneys. No specific opponents or supporters are identified in the provided record, and no committee debate is available to show where disagreements, if any, centered.
Requires State Treasurer to reimburse county treasurer for defense costs and administrative expenses incurred by county in defending certain lawsuits during supersedure of county prosecutor by Attorney General.
Relating to selection of an attorney by an indigent parent as attorney ad litem for the parent in certain suits affecting the parent-child relationship.