Texas Government Code 402.0241 – Defense of Local Entities in Suits Related to Immigration Detainer Requests
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(a) In this section, “local entity” has the meaning assigned by § 752.051.
Text of subsection effective until January 01, 2025
(b) The attorney general shall defend a local entity in any action in any court if:
(1) the executive head or governing body, as applicable, of the local entity requests the attorney general’s assistance in the defense; and
(2) the attorney general determines that the cause of action arises out of a claim involving the local entity’s good-faith compliance with an immigration detainer request required by Article 2.251, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
Terms Used In Texas Government Code 402.0241
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) The attorney general shall defend a local entity in any action in any court if:
(1) the executive head or governing body, as applicable, of the local entity requests the attorney general’s assistance in the defense; and
(2) the attorney general determines that the cause of action arises out of a claim involving the local entity’s good-faith compliance with an immigration detainer request required by Article 2A.060, Code of Criminal Procedure.
(c) If the attorney general defends a local entity under Subsection (b), the state is liable for the expenses, costs, judgment, or settlement of the claims arising out of the representation. The attorney general may settle or compromise any and all claims described by Subsection (b)(2). The state may not be liable for any expenses, costs, judgments, or settlements of any claims against a local entity not being represented by the attorney general under Subsection (b).