According to the Legislative Budget Board (LBB), HB 2460 will have no significant fiscal impact on the State of Texas. The analysis assumes that the Office of the Attorney General (OAG) could absorb any additional costs associated with defending district or county attorneys in federal court using its existing resources.

The bill’s discretionary nature—allowing but not requiring the Attorney General to provide legal defense—helps limit the financial burden on the state. Because representation is contingent on a request from a local prosecutor and only under specific conditions (e.g., enforcement of a state law), it is unlikely to result in a high volume of cases requiring defense. This focused application reduces the probability of substantial staffing or litigation cost increases within the OAG.

Additionally, there is no anticipated fiscal impact on local governments. The measure neither imposes new mandates nor shifts existing costs to counties or districts, thereby preserving their fiscal autonomy. Overall, the bill is expected to have minimal budgetary implications while offering potentially valuable legal support to local prosecuting attorneys.

HB 2460 is a narrowly tailored statutory amendment that strengthens the institutional support available to local prosecutors when they are sued in federal court for enforcing state law. The bill addresses a specific legal gap highlighted in recent litigation, where some Texas county attorneys requested representation from the Attorney General’s Office but were denied due to the absence of clear statutory authority. By explicitly permitting the Attorney General to defend district or county attorneys in federal cases concerning the enforcement of state statutes, upon their request, the bill reinforces legal consistency and provides a mechanism to ensure fair defense of state actors operating within their legal duties.

From a liberty-focused perspective, HB 2460 upholds key principles of limited government and individual responsibility. It does not compel the Attorney General to act, nor does it mandate involvement in cases unrelated to the enforcement of state laws. Rather, it empowers local prosecutors to request help if needed, thereby preserving prosecutorial independence while giving them access to centralized legal expertise. This measured support structure respects the decentralized nature of Texas governance while strengthening the state’s position in defending its statutes in federal courts.

The fiscal analysis confirms that there would be no significant cost to the state or local governments; the Attorney General’s Office can absorb any resulting workload with existing resources. Moreover, the bill avoids overreach by clearly limiting its scope to prospective cases filed after its effective date. As such, HB 2460 promotes a judicious, principled approach to state-level legal defense and earns a favorable recommendation for advancing the rule of law without expanding government coercion or cost.

As such, Texas Policy Research recommends that lawmakers vote YES on HB 2460.

• Individual Liberty: The bill strengthens individual liberty by ensuring that local public officials—specifically district and county attorneys—are not unfairly burdened with personal legal jeopardy for carrying out their duties in good faith under state law. By offering state-backed legal defense in federal lawsuits related to the enforcement of those laws (and only upon request), the bill protects the right of public servants to perform their roles without fear of personal litigation, a core safeguard for lawful governance.
• Personal Responsibility: While the bill provides optional state support, it does not relieve district or county attorneys of responsibility for their actions. Instead, it creates a voluntary mechanism for assistance when those actions are rooted in the performance of legal duties. The official must still initiate the request, reinforcing the idea that responsibility begins with the individual, not the state.
• Free Enterprise: This bill does not directly involve or regulate market activity, private enterprise, or commerce. However, by ensuring legal clarity and protection for those who enforce the law, it contributes indirectly to a stable legal environment—an essential backdrop for a thriving free enterprise system.
• Private Property Rights: The bill does not impact land use, eminent domain, or any matters relating directly to private property. It strictly governs who may defend certain public officials in federal court and under what circumstances.
• Limited Government: The bill enhances the state's legal infrastructure without expanding bureaucratic mandates or creating new programs. The Attorney General is empowered—not required—to offer defense, preserving discretion and limiting automatic government involvement. Additionally, the scope is narrowly defined: it only applies to lawsuits filed in federal court, only when enforcing state laws, and only upon request. This targeted design aligns with the principle of government doing less, but doing it more effectively.

• SB 888 (Same As)