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