| 2 | | - | (In the Senate - Filed February 19, 2025; March 6, 2025, read |
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| 3 | | - | first time and referred to Committee on State Affairs; |
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| 4 | | - | March 24, 2025, reported favorably by the following vote: Yeas 9, |
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| 5 | | - | Nays 0; March 24, 2025, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 7 | 5 | | |
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| 8 | 6 | | |
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| 9 | 7 | | A BILL TO BE ENTITLED |
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| 10 | 8 | | AN ACT |
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| 11 | 9 | | relating to the assertion of legislative privilege by the attorney |
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| 12 | 10 | | general in certain legal challenges to the constitutionality of |
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| 13 | 11 | | state statutes. |
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| 14 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 13 | | SECTION 1. Section 402.010, Government Code, is amended by |
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| 16 | 14 | | adding Subsections (e), (f), and (g) to read as follows: |
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| 17 | 15 | | (e) The attorney general may assert legislative privilege |
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| 18 | 16 | | on behalf of the state or a state agency or official during |
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| 19 | 17 | | discovery, hearing, or trial in an action described by this section |
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| 20 | 18 | | unless asserting the privilege would create a conflict in the |
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| 21 | 19 | | attorney general's representation of the state or a state agency or |
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| 22 | 20 | | official. |
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| 23 | 21 | | (f) The attorney general has 30 days from the date |
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| 24 | 22 | | legislative privilege is asserted under Subsection (e) to provide |
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| 25 | 23 | | evidence of representation of the state or a state agency or |
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| 26 | 24 | | official who may properly assert the privilege. The provision of |
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| 27 | 25 | | evidence of that representation on or before that date establishes |
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| 28 | 26 | | the attorney general's authority to assert legislative privilege |
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| 29 | 27 | | under Subsection (e). |
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| 30 | 28 | | (g) The attorney general's authority under Subsection (e) |
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| 31 | 29 | | is not exclusive and does not affect another person's ability to |
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| 32 | 30 | | assert legislative privilege in any matter. |
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| 33 | 31 | | SECTION 2. This Act takes effect September 1, 2025. |
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