By Hilbert                                      H.B. No. 2476

      75R6636 MWV-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the attorney-client communication privilege.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 30, Civil Practice and Remedies Code, is

 1-5     amended by adding Section 30.011 to read as follows:

 1-6           Sec. 30.011.  ATTORNEY-CLIENT PRIVILEGE.  (a)  The

 1-7     attorney-client confidentiality privilege extends to a

 1-8     communication between an attorney and a  representative of a client

 1-9     if the client:

1-10                 (1)  is an individual and the representative is a

1-11     person who has authority to:

1-12                       (A)  obtain legal advice for the client; or

1-13                       (B)  act on the legal advice rendered to the

1-14     client; or

1-15                 (2)  is not an individual and the representative is:

1-16                       (A)  a partner, officer, director, or employee of

1-17     the client who has authority to:

1-18                             (i)  obtain legal advice for the client; or

1-19                             (ii)  act on the legal advice rendered to

1-20     the client; or

1-21                       (B)  a subordinate employee or agent of the

1-22     client who is directed by a superior partner, officer, director,

1-23     employee, or agent of the client to communicate with the attorney

1-24     in connection with obtaining legal advice for the client regarding

 2-1     a matter that is within the scope of the employee's or agent's

 2-2     duties.

 2-3           (b)  In this section, the term "agent" does not include an

 2-4     independent contractor.

 2-5           SECTION 2.  This Act takes effect September 1, 1997, and

 2-6     applies to a communication occurring on or after that date.  A

 2-7     communication occurring before the effective date of this Act is

 2-8     governed by the law that existed immediately before the effective

 2-9     date of this Act, and that law is continued in effect for that

2-10     purpose.

2-11           SECTION 3.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.