By: Huffman S.B. No. 1363
(In the Senate - Filed March 7, 2013; March 18, 2013, read
first time and referred to Committee on State Affairs;
April 8, 2013, reported favorably by the following vote: Yeas 8,
Nays 0; April 8, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to testimony or the production of evidence before the
legislature or a legislative committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.025, Government Code, is amended to
read as follows:
Sec. 301.025. REQUIRING WITNESS [REFUSAL] TO TESTIFY OR
PRODUCE EVIDENCE; IMMUNITY; COUNSEL. (a) A witness called by the
legislature, by either house of the legislature, or by a
legislative committee may [does] not [have a privilege to] refuse
to testify to a fact or produce a document or other evidence for any
reason, except as provided by Subsection (b) [on the ground that the
testimony or document may tend to disgrace the person or otherwise
make the person infamous].
(b) Subject to Subsections (c) and (d), a witness called by
the legislature, by either house, or by a legislative committee may
refuse to testify to a fact or produce a document or other evidence
on the ground that the testimony or evidence may incriminate the
person.
(c) The legislature or a house of the legislature may, by
written order adopted by the legislature or appropriate house and
signed by the appropriate presiding officer or officers, require a
person to testify or produce a document or other evidence
concerning a matter under inquiry before either house or a
legislative committee even if the person claims that the testimony
or evidence [document] may incriminate the person [him].
(d) A legislative committee with authority to issue a
subpoena or other process to compel the attendance of witnesses or
the production of evidence may, by written order adopted by the
committee and signed by the committee chair, require a person to
testify or produce a document or other evidence concerning a matter
under inquiry before the committee even if the person claims that
the testimony or evidence may incriminate the person.
(e) [(c)] If a person testifies or produces a document or
other evidence as required under Subsection (c) or (d) while
claiming that the testimony or evidence [document] may incriminate
the person [him], the testimony or evidence that the person was
compelled to produce, or any information directly or indirectly
derived from that testimony or evidence, may not be used against the
person in any criminal prosecution, other than a prosecution for
any offense involving perjury or making a false statement or
providing false information [person may not be indicted or
prosecuted for any transaction, matter, or thing about which the
person truthfully testified or produced evidence].
(f) [(d)] A witness has a right to counsel when testifying
before the legislature, either house of the legislature, or a
legislative committee.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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