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Amend CSHB 2120 as follows:
(1) Insert the following appropriately numbered section:
SECTION ___. Section 281.056, Health and Safety Code, is
amended by amending Subsections (b), (c), and (d) and adding
Subsection (b-1) to read as follows:
(b) Except as provided by Subsection (b-1), a district may
employ or contract with private legal counsel to represent the
district on any legal matter. If the district does not employ or
contract with private legal counsel on a legal matter, the [The]
county attorney, district attorney, or criminal district attorney,
as appropriate, with the duty to represent the county in civil
matters shall represent the district [in all legal matters].
(b-1) The county attorney, district attorney, or criminal
district attorney, as appropriate, with the duty to represent the
county in civil matters shall, in all legal matters, represent a
district located in:
(1) a county with a population of 650,000 or more that
borders the United Mexican States;
(2) a county with a population of 3.4 million or more;
or
(3) a county with a population of more than 800,000
that was not included in the boundaries of a hospital district
before September 1, 2003.
(c) A [The] board that receives legal services from a county
attorney, district attorney, or criminal district attorney may
employ additional private legal counsel when the board determines
that additional counsel is advisable. A board that contracts or
employs private legal counsel under Subsection (b) may request and
receive additional legal services from the county attorney,
district attorney, or criminal district attorney, as appropriate,
with the duty to represent the county in civil matters when the
board determines that additional counsel is necessary.
(d) If the district receives legal services from a county
attorney, district attorney, or criminal district attorney, the
[The] district shall contribute sufficient funds to the general
fund of the county for the account of the budget of the county
attorney, district attorney, or criminal district attorney, as
appropriate, to pay all additional salaries and expenses incurred
by that officer in performing the duties required by the district.