Tex. Gov't Code § 301.061 · Subchapter E. LEGAL REPRESENTATION OF LEGISLATURE
LEGAL REPRESENTATION OF LEGISLATURE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Subject to the requirements of Subsection (b) and to the exception provided in Subsection (c), the legislature, after notifying and consulting the attorney general, may employ counsel, or authorize the counsel of a legislative agency, to file suits on behalf of the legislature, to intervene in pending litigation on behalf of the legislature, or to otherwise represent the legislature in the courts of this state or in the courts of the United States.
(b) Representation of the legislature under this section is authorized only if:
(1) the speaker and the president of the senate approve the representation in writing; or
(2) both houses by concurrent resolution approve the representation.
(c) Subsection (a) does not apply to the representation of the interests of the legislature before the Supreme Court of Texas in violation of Article IV, Section 22, of the Texas Constitution.
(d) A member of the legislature is immune from civil liability resulting from the legislature's participation in litigation under this section, including liability for attorney fees, costs, and sanctions that may be awarded in the litigation. This subsection is cumulative of the common law immunity applicable to the conduct of members of the legislature.
Notes and commentary — not statutory text
History
Added by Acts 1993, 73rd Leg., ch. 753, Sec. 1, eff. June 17, 1993.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.301.htm
- Text hash
- sha256 4cab30641372d0a54cdd2c9eb092247d67098582d736cb3ee2a4498bc6859e63
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.