Relating to the assertion of legislative privilege by the attorney general in certain legal challenges to the constitutionality of state statutes.

89(R) HB 3022 - House Committee Report version - Bill Text

89R12949 JRJ-F

By: Smithee

H.B. No. 3022

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.