1. (a) Except as provided by Subsection (c), department employees are not state employees. The department shall contract for all employee benefits with one county served by the department and designated for that purpose by the district judge or judges, and the employees are governed by personnel policies and benefits equal to personnel policies for and benefits of other employees of that county.
2. (b) The judicial districts served by a department shall pay the salaries of department employees.
3. (c) Department employees are state employees for the purposes of Chapter 104, Civil Practice and Remedies Code, and Chapter 501, Labor Code.
4. (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 cases in which a person under supervision challenges the fact or duration of the supervision.
5. (e) The department shall provide information requested by the attorney general that the attorney general considers necessary for the defense or prosecution of any case brought under this section.
6. (f) The department shall provide transportation or automobile allowances for officers who supervise defendants placed on community supervision.
7. (g) A document evaluating the performance of an officer of the department who supervises defendants placed on community supervision is confidential.
8. (h) If under Subsection (a) the district judge or judges change the designation of the county providing employee benefits, the district judge or judges may not subsequently change that designation before the 10th anniversary of the date on which the previous designation was made.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 987, Sec. 1, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 1240, Sec. 1, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 62, Sec. 19.01(29), eff. Sept. 1, 1999;

Acts 1999, 76th Leg., ch. 875, Sec. 1, eff. June 18, 1999;

Acts 2003, 78th Leg., ch. 1030, Sec. 2.01, eff. Sept. 1, 2004.