SB888

SB888 allows the Texas attorney general to defend a district or county attorney in certain federal-court lawsuits about enforcement of state law. All three conditions must be met: the prosecutor is a defendant because of the prosecutor’s position; the cause of action relates to enforcement of a state statute; and the prosecutor requests the attorney general’s help. The new authority says “may,” not “shall,” so it does not guarantee representation. New subsection (c).

The act was signed May 24, 2025, and took effect September 1, 2025. It applies only to federal-court actions filed on or after that effective date; earlier actions remain governed by the former law. It does not grant immunity, dismiss lawsuits, decide the validity of a challenged statute or require payment of a judgment against a prosecutor. Scope and transition; History.

Existing mandatory-defense provisions remain separate. The prior section requires defense of a district attorney in a federal case when the defendant is sued because of the office, the claim accrued while the plaintiff was confined in the Texas Department of Criminal Justice, the prosecutor requests help, and no action is pending against the prosecutor in which the attorney general must represent the state. It also requires defense of a requesting state grand juror in a suit over official grand-jury duties. SB888 adds the broader discretionary state-statute-enforcement category, including county attorneys, without replacing those provisions. Existing subsections (a) and (b); Added authority.