Texas 2025 - 89th Regular

Texas House Bill HB3022

Filed
2/19/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the assertion of legislative privilege by the attorney general in certain legal challenges to the constitutionality of state statutes.

Impact

The enactment of HB 3022 would influence the state's legal landscape by formalizing the process through which the Attorney General can claim legislative privilege. This change may streamline legal processes involving challenges to state laws, ensuring that the state can maintain a level of confidentiality concerning its legislative duties. Furthermore, it emphasizes the Attorney General's role as a legal representative in such constitutional disputes, potentially reducing the frequency of disclosures that could affect the state's legislative processes.

Summary

House Bill 3022 addresses the assertion of legislative privilege by the Texas Attorney General during legal challenges related to the constitutionality of state statutes. It amends Section 402.010 of the Government Code by introducing provisions that allow the Attorney General to assert legislative privilege on behalf of the state or state officials. This legislation is intended to provide a clearer framework on how and when such privilege can be invoked, particularly in legal proceedings where the constitutionality of state laws is at issue.

Sentiment

The sentiment surrounding HB 3022 appears to be cautiously optimistic among supporters, who view the bill as a necessary safeguard for the state's legislative integrity. Proponents argue that this measure will protect the legislative process from undue interference during legal challenges. However, there may be concerns among some stakeholders regarding the implications of the privilege, particularly in terms of transparency and accountability in government operations. Critics fear that broad assertions of privilege could limit public scrutiny and challenge legal checks on state power.

Contention

A notable point of contention regarding HB 3022 revolves around the balance between maintaining legislative privilege and ensuring governmental transparency. Critics may argue that while the bill seeks to protect the state's legal interests, it could also be misused to shield actions by state officials from public oversight. There is a delicate balance to strike between protecting the state's legislative processes and maintaining accountability, which will likely be a focal point in legislative discussions as the bill progresses.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 402. Attorney General
    • Section: 010
    • Section: 010
    • Section: 010

Companion Bills

TX SB1433

Identical Relating to the assertion of legislative privilege by the attorney general in certain legal challenges to the constitutionality of state statutes.

Previously Filed As

TX HB1610

Relating to the defense of this state or a state agency in actions challenging the constitutionality of a state statute.

TX HB5214

Relating to actions brought by the attorney general on behalf of certain persons under the Texas Free Enterprise and Antitrust Act of 1983.

TX HB98

Relating to the recovery by the attorney general from the federal government of certain border security expenditures.

TX SB648

Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.

TX SB950

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

TX HB4657

Relating to the authority of the attorney general to represent county officials in certain cases.

TX SB1928

Relating to the authority of the attorney general to represent county officials in certain cases.

TX HB1499

Relating to the duties of court-appointed guardians ad litem, attorneys ad litem, and amicus attorneys in certain suits affecting the parent-child relationship.

TX SB1195

Relating to the duty of the attorney general to prosecute certain criminal offenses.

TX HB4549

Relating to the duty of the attorney general to prosecute certain criminal offenses.

Similar Bills

No similar bills found.