By: Bettencourt S.B. No. 1433
(In the Senate - Filed February 19, 2025; March 6, 2025, read
first time and referred to Committee on State Affairs;
March 24, 2025, reported favorably by the following vote: Yeas 9,
Nays 0; March 24, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the assertion of legislative privilege by the attorney
general in certain legal challenges to the constitutionality of
state statutes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 402.010, Government Code, is amended by
adding Subsections (e), (f), and (g) to read as follows:
(e) The attorney general may assert legislative privilege
on behalf of the state or a state agency or official during
discovery, hearing, or trial in an action described by this section
unless asserting the privilege would create a conflict in the
attorney general's representation of the state or a state agency or
official.
(f) The attorney general has 30 days from the date
legislative privilege is asserted under Subsection (e) to provide
evidence of representation of the state or a state agency or
official who may properly assert the privilege. The provision of
evidence of that representation on or before that date establishes
the attorney general's authority to assert legislative privilege
under Subsection (e).
(g) The attorney general's authority under Subsection (e)
is not exclusive and does not affect another person's ability to
assert legislative privilege in any matter.
SECTION 2. This Act takes effect September 1, 2025.
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