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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a criminal offense for the unauthorized |
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disclosure of non-public judicial opinions and judicial work |
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product. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Government Code, is amended by |
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adding Section 21.013 to read as follows: |
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Sec. 21.013. CONFIDENTIALITY OF JUDICIAL WORK PRODUCT; |
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CRIMINAL OFFENSE. (a) In this section: |
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(1) "Judicial work product" means written, |
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electronic, or oral material prepared or communications made in the |
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course of an adjudicatory proceeding before a court determining |
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legal rights, powers, duties, or privileges. The term includes all |
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drafts of opinions or orders and memoranda of law. |
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(2) "Non-public judicial work product" means: |
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(A) any written or electronic judicial work |
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product other than documents filed with the clerk of a court for |
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release to the public; |
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(B) any document or recording filed under seal by |
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or with a court containing or relating to judicial work product; or |
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(C) any oral statement relating to judicial work |
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product made in a closed session of a court or in judicial chambers. |
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(b) This section applies to: |
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(1) a court established under Section 1, Article V, |
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Texas Constitution, other than a commissioners court; and |
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(2) a court subject to this subtitle. |
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(c) A justice or judge of a court shall comply with supreme |
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court rules governing the confidentiality of non-public judicial |
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work product. |
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(d) A person, other than a justice or judge, who is involved |
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in crafting an opinion or decision for an adjudicatory proceeding, |
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including a court staff attorney, court clerk, or law clerk, shall |
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maintain the confidentiality of all non-public judicial work |
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product in accordance with supreme court rules. |
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(e) A person, other than a justice or judge, with access to |
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non-public judicial work product commits an offense if the person |
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knowingly discloses, wholly or partly, the contents of any |
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non-public judicial work product to a person who is not a justice, |
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judge, court staff attorney, court clerk, law clerk, employee of an |
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agency established under Chapter 71 or 72, or other court staff |
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routinely involved in crafting an opinion or decision for an |
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adjudicatory proceeding. |
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(f) An offense under this section is a Class A misdemeanor. |
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(g) It is a defense to prosecution under this section that |
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the disclosure of the non-public judicial work product is |
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authorized: |
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(1) in writing by the justice or judge for whom the |
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work product is prepared; or |
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(2) under supreme court rules. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Supreme Court shall adopt any rules necessary |
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to implement Section 21.013, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |