1. (a) The attorney general shall defend a state district attorney in an action in a federal court if:

   1. (1) the district attorney is a defendant because of the district attorney's office;
   2. (2) the cause of action accrued while the person filing the action was confined in the Texas Department of Criminal Justice;
   3. (3) the district attorney requests the attorney general's assistance in the defense; and
   4. (4) there is no action pending against the district attorney in which the attorney general is required to represent the state.

2. (b) The attorney general shall defend a state grand juror who is a defendant in an action in any court if:

   1. (1) the suit involves an act of the person while in the performance of duties as a grand juror; and
   2. (2) the person requests the attorney general's assistance in the defense.

3. (c) The attorney general may defend a state district attorney or a county attorney in an action in a federal court if:

   1. (1) the district or county attorney is a defendant because of the district or county attorney's position;
   2. (2) the cause of action relates to the enforcement of a state statute; and
   3. (3) the district or county attorney requests the attorney general's assistance in the defense.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.01(a), eff. Sept. 1, 1989.

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.067, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 929 (H.B. 2150), Sec. 20, eff. September 1, 2015.

Acts 2025, 89th Leg., R.S., Ch. 143 (S.B. 888), Sec. 1, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 143 (S.B. 888), Sec. 2, eff. September 1, 2025.