| 1 | 1 | | 89R12639 BCH-F |
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| 2 | 2 | | By: King S.B. No. 2417 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to investigations conducted and actions brought by the |
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| 10 | 10 | | attorney general under the Texas Free Enterprise and Antitrust Act |
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| 11 | 11 | | of 1983. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 15.10, Business & Commerce Code, is |
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| 14 | 14 | | amended by adding Subsection (l) to read as follows: |
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| 15 | 15 | | (l) Interview notes. |
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| 16 | 16 | | (1) In the course of an antitrust investigation, the |
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| 17 | 17 | | attorney general may conduct an interview with one or more persons |
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| 18 | 18 | | who may have relevant information about the subject of the |
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| 19 | 19 | | investigation. Written notes or typed memoranda developed from |
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| 20 | 20 | | interviews conducted under this subdivision constitute attorney |
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| 21 | 21 | | work product memorializing the mental impressions of the attorney |
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| 22 | 22 | | general. The written notes or typed memoranda are confidential and |
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| 23 | 23 | | not subject to disclosure under Chapter 551, Government Code. |
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| 24 | 24 | | (2) If, as a result of the investigation, the attorney |
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| 25 | 25 | | general files suit for a violation of this chapter, the written |
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| 26 | 26 | | notes and typed memoranda described by Subdivision (1) and the |
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| 27 | 27 | | information contained in the written notes and typed memoranda |
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| 28 | 28 | | reflect the mental impressions of the attorney general and are: |
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| 29 | 29 | | (A) entitled to all protections afforded by law |
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| 30 | 30 | | to material subject to the attorney work product doctrine; and |
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| 31 | 31 | | (B) protected from disclosure in response to any |
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| 32 | 32 | | discovery request. |
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| 33 | 33 | | SECTION 2. Section 15.20, Business & Commerce Code, is |
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| 34 | 34 | | amended by adding Subsection (b-1) to read as follows: |
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| 35 | 35 | | (b-1) In an action brought by the attorney general under |
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| 36 | 36 | | this section, the attorney general is the sole party for discovery |
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| 37 | 37 | | purposes and is considered to lack possession, custody, or control |
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| 38 | 38 | | over documents in the possession of members of the legislature, |
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| 39 | 39 | | other state officers, or any state agencies or institutions. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2025. |
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