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SB888

Regular Session

Relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court.

Low
Low Cost
Effective:2025-09-01
SB888
Low
Relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court.
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Office of the Attorney General
Primary Author: Sen. Lois Kolkhorst
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: Immediate Strategic Review. While there is no operational compliance, legal actions filed in federal court *before* September 1, 2025, are grandfathered under current law and generally exclude automatic OAG intervention.
  • Agency Rulemaking: The OAG is not required to publish public rules, but will develop internal protocols determining which cases merit state intervention. This lack of public criteria creates a "strategic gray zone" regarding which disputes will attract state resources.

Immediate Action Plan

  • Audit Pending Disputes: Identify any potential federal claims your business intends to file against local prosecutors regarding state regulations.
  • File Before 09/01/2025: If litigation is inevitable, file prior to the effective date to lock in the current procedural landscape and avoid automatic OAG statutory authority to intervene.
  • Review Insurance Limits: Consult with your broker regarding Legal Defense Insurance and D&O policies to ensure limits are sufficient for prolonged litigation against state-level opposition.
  • Update Risk Models: Adjust your legal risk matrix to reflect that a dispute with a local county is no longer contained to that county if it touches on state statute enforcement.

Operational Changes Required

Contracts

  • Indemnification Clauses: Review Master Service Agreements (MSAs) where you indemnify vendors or partners for legal costs related to regulatory disputes. If a dispute escalates to federal court, the opposing counsel may now be the OAG rather than a local county office, significantly increasing the duration and cost of the defense you are funding.

Hiring/Training

  • Legal Strategy: In-house counsel must adjust risk assessments. Training is not required for general staff, but government affairs teams must understand that threatening federal litigation against a local prosecutor now invites state-level intervention.

Reporting & Record-Keeping

  • None: This statute governs the attorney-client relationship between the OAG and local prosecutors; it imposes no burden of production on private enterprise.

Fees & Costs

  • Litigation Budgeting: There are no statutory fees. However, businesses engaged in federal litigation against local prosecutors must increase legal reserves. Litigating against the OAG typically involves more aggressive motion practice and deeper resources than litigating against rural or mid-sized county attorney offices.

Strategic Ambiguities & Considerations

  • "Relates to Enforcement": The statute allows OAG intervention if a case "relates to the enforcement of a state statute." This is broad. We anticipate the OAG will interpret this aggressively to intervene in tangential disputes involving environmental or labor regulations.
  • Discretionary Intervention: The OAG *may* defend, but is not required to. This introduces a political variable; the OAG is likely to prioritize cases that align with the state administration's policy goals while ignoring others.
  • Control of Litigation: The law does not specify who acts as "lead counsel" when the OAG intervenes alongside a local DA. Expect friction and procedural delays in court as the OAG and local prosecutors determine case strategy.

Need Help Understanding Implementation?

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Jan 23, 2025
Passed Senate
Apr 10, 2025
Passed House
May 9, 2025
Signed
May 24, 2025
TopicsCourtsCourts--generalCourts--prosecuting AttorneysLawyersAttorney General
03

Senate Authors

Sen. Lois KolkhorstRepublican · Primary Author

House Sponsor

Rep. Jeff LeachRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB888

Q

What does Texas SB888 do?

SB888 authorizes the Office of the Attorney General (OAG) to provide legal defense for District and County Attorneys in federal lawsuits challenging the enforcement of state statutes. While this creates no new regulatory filings for your business, it significantly elevates the litigation risk and cost profile for any company seeking federal injunctive relief against local enforcement of state laws. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: Immediate Strategic Review.

Q

Who authored SB888?

SB888 was authored by Texas Senator Lois Kolkhorst during the Regular Session.

Q

When was SB888 signed into law?

SB888 was signed into law by Governor Greg Abbott on May 24, 2025.

Q

Which agencies enforce SB888?

SB888 is enforced by Office of the Attorney General.

Q

How urgent is compliance with SB888?

The compliance urgency for SB888 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of SB888?

The cost impact of SB888 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB888 address?

SB888 addresses topics including courts, courts--general, courts--prosecuting attorneys, lawyers and attorney general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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