Sec. 402.0241. DEFENSE OF LOCAL ENTITIES IN SUITS RELATED TO IMMIGRATION DETAINER REQUESTS. (a) In this section, "local entity" has the meaning assigned by Section 752.051.
(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.
(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).
Added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 3.01, eff. September 1, 2017.
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