| 1 | | - | By: Huffman, Eckhardt S.B. No. 1386 |
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| 1 | + | By: Huffman S.B. No. 1386 |
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| 2 | + | (In the Senate - Filed February 19, 2025; March 6, 2025, |
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| 3 | + | read first time and referred to Committee on State Affairs; |
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| 4 | + | April 1, 2025, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 10, Nays 0; April 1, 2025, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 1386 By: Zaffirini |
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| 4 | 9 | | |
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| 5 | 10 | | |
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| 6 | 11 | | A BILL TO BE ENTITLED |
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| 7 | 12 | | AN ACT |
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| 8 | 13 | | relating to testimony or the production of evidence before a house |
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| 9 | 14 | | of the legislature or a legislative committee. |
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| 10 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 16 | | SECTION 1. Section 301.025, Government Code, is amended to |
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| 12 | 17 | | read as follows: |
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| 13 | 18 | | Sec. 301.025. REQUIRING WITNESS [REFUSAL] TO TESTIFY OR |
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| 14 | 19 | | PRODUCE EVIDENCE; IMMUNITY; COUNSEL. (a) A witness called by |
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| 15 | 20 | | either house of the legislature or by a legislative committee may |
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| 16 | 21 | | [does] not [have a privilege to] refuse to testify to a fact or |
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| 17 | 22 | | produce a document or other evidence for any reason, except as |
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| 18 | 23 | | provided by Subsection (b) [on the ground that the testimony or |
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| 19 | 24 | | document may tend to disgrace the person or otherwise make the |
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| 20 | 25 | | person infamous]. |
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| 21 | 26 | | (b) Subject to Subsection (c), a witness called by either |
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| 22 | 27 | | house of the legislature or by a legislative committee may refuse to |
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| 23 | 28 | | testify to a fact or produce a document or other evidence on the |
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| 24 | 29 | | ground that the testimony or evidence may incriminate the person. |
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| 25 | 30 | | (c) A house of the [The] legislature or a legislative |
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| 26 | 31 | | committee may require a person to testify or produce a document or |
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| 27 | 32 | | other evidence concerning a matter under inquiry before that |
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| 28 | 33 | | [either] house or [a legislative] committee even if the person |
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| 29 | 34 | | claims that the testimony or evidence [document] may incriminate |
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| 30 | 35 | | the person [him]. |
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| 31 | 36 | | (d) [(c)] If a person testifies or produces a document or |
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| 32 | 37 | | other evidence as required under Subsection (c) while claiming that |
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| 33 | 38 | | the testimony or evidence [document] may incriminate the person |
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| 34 | 39 | | [him], the testimony or evidence that the person was compelled to |
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| 35 | 40 | | produce, or any information directly or indirectly derived from |
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| 36 | 41 | | that testimony or evidence, may not be used against the person in |
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| 37 | 42 | | any criminal prosecution, other than a prosecution for any offense |
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| 38 | 43 | | involving perjury, making a false statement, or providing false |
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| 39 | 44 | | information [person may not be indicted or prosecuted for any |
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| 40 | 45 | | transaction, matter, or thing about which the person truthfully |
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| 41 | 46 | | testified or produced evidence]. |
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| 42 | 47 | | (e) [(d)] A witness has a right to counsel when testifying |
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| 43 | 48 | | before either house of the legislature or a legislative committee. |
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| 44 | 49 | | SECTION 2. This Act takes effect immediately if it receives |
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| 45 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 53 | | Act takes effect September 1, 2025. |
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