S.B. No. 372
AN ACT
relating to creating a criminal offense for the unauthorized
disclosure of non-public judicial opinions and judicial work
product.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Government Code, is amended by
adding Section 21.013 to read as follows:
Sec. 21.013. CONFIDENTIALITY OF JUDICIAL WORK PRODUCT;
CRIMINAL OFFENSE. (a) In this section:
(1) "Judicial work product" means written,
electronic, or oral material prepared or communications made in the
course of an adjudicatory proceeding before a court determining
legal rights, powers, duties, or privileges. The term includes all
drafts of opinions or orders and memoranda of law.
(2) "Non-public judicial work product" means:
(A) any written or electronic judicial work
product other than documents filed with the clerk of a court for
release to the public; or
(B) any oral statement relating to judicial work
product made in a closed session of a court or in judicial chambers.
(b) This section applies to:
(1) a court established under Section 1, Article V,
Texas Constitution, other than a commissioners court; and
(2) a court subject to this subtitle.
(c) A justice or judge of a court shall comply with supreme
court rules governing the confidentiality of non-public judicial
work product.
(d) A person, other than a justice or judge, who is involved
in crafting an opinion or decision for an adjudicatory proceeding,
including a court staff attorney, court clerk, or law clerk, shall
maintain the confidentiality of all non-public judicial work
product in accordance with supreme court rules.
(e) A person, other than a justice or judge, with access to
non-public judicial work product commits an offense if the person
knowingly discloses, wholly or partly, the contents of any
non-public judicial work product to a person who is not a justice,
judge, court staff attorney, court clerk, law clerk, employee of an
agency established under Chapter 71 or 72, or other court staff
routinely involved in crafting an opinion or decision for an
adjudicatory proceeding.
(f) An offense under this section is a Class A misdemeanor.
(g) It is a defense to prosecution under this section that
the disclosure of the non-public judicial work product is
authorized:
(1) in writing by the justice or judge for whom the
work product is prepared; or
(2) under supreme court rules.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Supreme Court shall adopt any rules necessary
to implement Section 21.013, Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 372 passed the Senate on
March 8, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 372 passed the House on
May 19, 2023, by the following vote: Yeas 142, Nays 1, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor