87R7083 JRR-D     By: A. Johnson of Harris H.B. No. 4338       A BILL TO BE ENTITLED   AN ACT   relating to the duty of the attorney general to represent community   supervision and corrections departments in certain habeas corpus   proceedings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 76.006(d), Government Code, is amended   to read as follows:          (d)  The attorney general has the duty to defend a department   for suits for injunctive, declaratory, or monetary relief brought   against it for any action not covered by an indemnification policy,   except any action brought by the state or another political   subdivision. The attorney general shall [not] defend a department   or its employees in a habeas corpus proceeding under Chapter 11,   Code of Criminal Procedure, [cases] in which a person under   supervision challenges the fact or duration of the supervision if   the attorney representing the state in the prosecution of the   offense for which the person was placed on community supervision   does not agree to represent the department or its employees, as   applicable, in the habeas corpus proceeding.          SECTION 2.  The change in law made by this Act applies only   to a habeas corpus proceeding for which an application for a writ of   habeas corpus is filed on or after the effective date of this Act. A   habeas corpus proceeding for which an application is filed before   the effective date of this Act is governed by the law in effect when   the application was filed, and the former law is continued in effect   for that purpose.          SECTION 3.  This Act takes effect September 1, 2021.