SRC-SLL S.B. 953 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 953
By: Fraser
Jurisprudence
4-10-97
As Filed


DIGEST 

Currently, Texas courts use the "control group" test to determine the
applicability of the attorneyclient privilege to corporate employees.
Essentially, the "control group" test only protects communications between
those employees with the authority to retain or control the corporation's
legal counsel.  This test has prevented effective representation and
investigation of lawsuits in large corporations due to the corporations'
inability to have privileged discussions with lower level employees and
managers.  The "subject matter" test protects communications between the
corporation's attorney and a corporate employee when the subject matter of
the conversation is connected to the litigation.  This bill will extend
the attorney-client privilege to certain communications between an
attorney and a representative of a client. 

PURPOSE

As proposed, S.B. 953 extends the attorney-client privilege to certain
communications between an attorney and a representative of a client. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 30, Civil Practice and Remedies Code, by adding
Section 30.011, as follows: 

Sec.  30.011.  ATTORNEY-CLIENT PRIVILEGE.  Provides that the
attorney-client confidentiality privilege extends to a communication
between an attorney and a representative of a client if the client meets
certain criteria.  Defines "agent." 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.