Texas Attorney General Opinion: LO97-049 Page: 1 of 3
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Office of the Attornep @eneral
Mtate of Uexa%
DAN MORALES May 9, 1997
ATTORNEY GENERAL
The Honorable Jose R. Rodriguez Letter Opinion No. 97-049
El Paso County Attorney
500 East San Antonio, Room 203 Re: Whether a school district is authorized to pay
El Paso, Texas 79901 legal defense costs incurred by an employee in a
criminal proceeding (ID# 39382)
Dear Mr. Rodriguez:
You ask whether a school district is authorized to pay legal defense costs incurred by an
employee in a criminal proceeding. We conclude that a school district is authorized to provide legal
representation for an employee in a criminal proceeding in certain limited circumstances.
As you point out, a school district does not have statutory authority to pay legal defense costs
incurred by an employee in a criminal proceeding.' This office has recognized in several opinions,
however, that political subdivisions have common-law authority to employ counsel to provide legal
representation for their officers and employees. Prior opinions restate the common-law rule that
[w]here a Texas governing body believes in good faith that the public interest
is at stake, even though an officer is sued individually, it is permissible for the
body to employ attorneys to defend the action. .... The propriety of such a
step is not made dependent upon the outcome of the litigation, but upon the
bona fides of the governing body's motive.
Attorney General Opinion JM-755 (1987) at 1-2. This common-law rule has been applied in
situations involving school district officers and employees2 and to representation of public officers
and employees in criminal proceedings.3
'The Education Code provides that a court may award costs and reasonable attorney's fees incurred by a school
district officer or employee to defend a frivolous suit in certain circumstances. Educ. Code 11.161, 22.055. Education
Code section 22.054 authorizes a school district to provide or pay for attorney services for the defense of a private or
independent institution of higher education that assists in the provision of volunteer services to schools in the district.
'See, e.g., Attorney General Opinions JM-968 (1988) (school district expenditure of public funds for defense of
trustee in action for intentional tart); JM-685 (1987) (concluding that although school district may retain attorney to protect
its interests in legal action against officer or employee, school district may not pay trustee's legal expenses incurred in
defending election contest); H-1313 (1978) (school district representation of teacher in hearing before Professional Practices
Commission); H-70 (1973) (school district purchase of trustee liability insurance).
3See, e.g., CityofCorsicana v. Babb, 290 S.W. 736 (Tex. Comm'n App. 1927, judgm't adopted) (representation
ofcity peace officer in criminal proceeding); Attorney General Opinion DM-107 (1992) (representation of county hospital
continueddt.)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-049, text, May 9, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277232/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.