| 1 | 1 | | 88R15702 JTZ-D |
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| 2 | 2 | | By: Leach H.B. No. 1741 |
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| 3 | 3 | | Substitute the following for H.B. No. 1741: |
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| 4 | 4 | | By: Johnson of Dallas C.S.H.B. No. 1741 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to creating a criminal offense for the unauthorized |
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| 10 | 10 | | disclosure of non-public judicial opinions and judicial work |
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| 11 | 11 | | product. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 21, Government Code, is amended by |
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| 14 | 14 | | adding Section 21.013 to read as follows: |
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| 15 | 15 | | Sec. 21.013. CONFIDENTIALITY OF JUDICIAL WORK PRODUCT; |
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| 16 | 16 | | CRIMINAL OFFENSE. (a) In this section: |
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| 17 | 17 | | (1) "Judicial work product" means written, |
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| 18 | 18 | | electronic, or oral material prepared or communications made in the |
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| 19 | 19 | | course of an adjudicatory proceeding before a court determining |
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| 20 | 20 | | legal rights, powers, duties, or privileges. The term includes all |
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| 21 | 21 | | drafts of opinions or orders and memoranda of law. |
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| 22 | 22 | | (2) "Non-public judicial work product" means: |
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| 23 | 23 | | (A) any written or electronic judicial work |
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| 24 | 24 | | product other than documents filed with the clerk of a court for |
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| 25 | 25 | | release to the public; or |
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| 26 | 26 | | (B) any oral statement relating to judicial work |
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| 27 | 27 | | product made in a closed session of a court or in judicial chambers. |
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| 28 | 28 | | (b) This section applies to: |
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| 29 | 29 | | (1) a court established under Section 1, Article V, |
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| 30 | 30 | | Texas Constitution, other than a commissioners court; and |
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| 31 | 31 | | (2) a court subject to this subtitle. |
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| 32 | 32 | | (c) A justice or judge of a court shall comply with supreme |
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| 33 | 33 | | court rules governing the confidentiality of non-public judicial |
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| 34 | 34 | | work product. |
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| 35 | 35 | | (d) A person, other than a justice or judge, who is involved |
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| 36 | 36 | | in crafting an opinion or decision for an adjudicatory proceeding, |
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| 37 | 37 | | including a court staff attorney, court clerk, or law clerk, shall |
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| 38 | 38 | | maintain the confidentiality of all non-public judicial work |
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| 39 | 39 | | product in accordance with supreme court rules. |
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| 40 | 40 | | (e) A person, other than a justice or judge, with access to |
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| 41 | 41 | | non-public judicial work product commits an offense if the person |
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| 42 | 42 | | knowingly discloses, wholly or partly, the contents of any |
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| 43 | 43 | | non-public judicial work product to a person who is not a justice, |
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| 44 | 44 | | judge, court staff attorney, court clerk, law clerk, employee of an |
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| 45 | 45 | | agency established under Chapter 71 or 72, or other court staff |
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| 46 | 46 | | routinely involved in crafting an opinion or decision for an |
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| 47 | 47 | | adjudicatory proceeding. |
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| 48 | 48 | | (f) An offense under this section is a Class A misdemeanor. |
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| 49 | 49 | | (g) It is a defense to prosecution under this section that |
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| 50 | 50 | | the disclosure of the non-public judicial work product is |
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| 51 | 51 | | authorized: |
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| 52 | 52 | | (1) in writing by the justice or judge for whom the |
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| 53 | 53 | | work product is prepared; or |
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| 54 | 54 | | (2) under supreme court rules. |
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| 55 | 55 | | SECTION 2. As soon as practicable after the effective date |
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| 56 | 56 | | of this Act, the Texas Supreme Court shall adopt any rules necessary |
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| 57 | 57 | | to implement Section 21.013, Government Code, as added by this Act. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2023. |
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