87R21279 JRR-D     By: A. Johnson of Harris H.B. No. 4338       A BILL TO BE ENTITLED   AN ACT   relating to the representation of a community supervision and   corrections department in cases in which a person under the   supervision of that department challenges the fact or duration of   the supervision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 76.006, Government Code, is amended by   amending Subsection (d) and adding Subsection (d-1) 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.          (d-1)  If a person under the supervision of a department   challenges the fact or duration of the supervision, the attorney   general or the district or county attorney with jurisdiction over   the offense for which the person is under supervision shall defend   the department or its employees. The attorney general must defend   the department or its employees in a case described by this   subsection if the district or county attorney is unable to defend   the department or its employees, as applicable. At the request of a   district or county attorney, the [The] attorney general may provide   assistance to the district or county attorney in defending [shall   not defend] a department or its employees in cases described by this   subsection [in which a person under supervision challenges the fact   or duration of the supervision].          SECTION 2.  Section 76.006(d-1), Government Code, as added   by this Act, applies only to a case described by that subsection   that is initiated on or after the effective date of this Act. A case   that is initiated before the effective date of this Act is governed   by the law in effect on the date the case was initiated, and the   former law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2021.