By: Huffman, Eckhardt S.B. No. 1386
A BILL TO BE ENTITLED
AN ACT
relating to testimony or the production of evidence before a house
of 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
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 Subsection (c), a witness called by either
house of the legislature 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) A house of the [The] legislature or a legislative
committee may require a person to testify or produce a document or
other evidence concerning a matter under inquiry before that
[either] house or [a legislative] committee even if the person
claims that the testimony or evidence [document] may incriminate
the person [him].
(d) [(c)] If a person testifies or produces a document or
other evidence as required under Subsection (c) 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, 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].
(e) [(d)] A witness has a right to counsel when testifying
before 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, 2025.