Texas 2013 - 83rd Regular

Texas Senate Bill SB1363 Compare Versions

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1	1	By: Huffman S.B. No. 1363
2	2	(In the Senate - Filed March 7, 2013; March 18, 2013, read
3	3	first time and referred to Committee on State Affairs;
4	4	April 8, 2013, reported favorably by the following vote: Yeas 8,
5	5	Nays 0; April 8, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to testimony or the production of evidence before the
11	11	legislature or a legislative committee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 301.025, Government Code, is amended to
14	14	read as follows:
15	15	Sec. 301.025. REQUIRING WITNESS [REFUSAL] TO TESTIFY OR
16	16	PRODUCE EVIDENCE; IMMUNITY; COUNSEL. (a) A witness called by the
17	17	legislature, by either house of the legislature, or by a
18	18	legislative committee may [does] not [have a privilege to] refuse
19	19	to testify to a fact or produce a document or other evidence for any
20	20	reason, except as provided by Subsection (b) [on the ground that the
21	21	testimony or document may tend to disgrace the person or otherwise
22	22	make the person infamous].
23	23	(b) Subject to Subsections (c) and (d), a witness called by
24	24	the legislature, by either house, or by a legislative committee may
25	25	refuse to testify to a fact or produce a document or other evidence
26	26	on the ground that the testimony or evidence may incriminate the
27	27	person.
28	28	(c) The legislature or a house of the legislature may, by
29	29	written order adopted by the legislature or appropriate house and
30	30	signed by the appropriate presiding officer or officers, require a
31	31	person to testify or produce a document or other evidence
32	32	concerning a matter under inquiry before either house or a
33	33	legislative committee even if the person claims that the testimony
34	34	or evidence [document] may incriminate the person [him].
35	35	(d) A legislative committee with authority to issue a
36	36	subpoena or other process to compel the attendance of witnesses or
37	37	the production of evidence may, by written order adopted by the
38	38	committee and signed by the committee chair, require a person to
39	39	testify or produce a document or other evidence concerning a matter
40	40	under inquiry before the committee even if the person claims that
41	41	the testimony or evidence may incriminate the person.
42	42	(e) [(c)] If a person testifies or produces a document or
43	43	other evidence as required under Subsection (c) or (d) while
44	44	claiming that the testimony or evidence [document] may incriminate
45	45	the person [him], the testimony or evidence that the person was
46	46	compelled to produce, or any information directly or indirectly
47	47	derived from that testimony or evidence, may not be used against the
48	48	person in any criminal prosecution, other than a prosecution for
49	49	any offense involving perjury or making a false statement or
50	50	providing false information [person may not be indicted or
51	51	prosecuted for any transaction, matter, or thing about which the
52	52	person truthfully testified or produced evidence].
53	53	(f) [(d)] A witness has a right to counsel when testifying
54	54	before the legislature, either house of the legislature, or a
55	55	legislative committee.
56	56	SECTION 2. This Act takes effect immediately if it receives
57	57	a vote of two-thirds of all the members elected to each house, as
58	58	provided by Section 39, Article III, Texas Constitution. If this
59	59	Act does not receive the vote necessary for immediate effect, this
60	60	Act takes effect September 1, 2013.
61	61	* * * * *