By: Huffman  S.B. No. 1363
         (In the Senate - Filed March 7, 2013; March 18, 2013, read
  first time and referred to Committee on State Affairs;
  April 8, 2013, reported favorably by the following vote:  Yeas 8,
  Nays 0; April 8, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to testimony or the production of evidence before the
  legislature or a legislative committee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 301.025, Government Code, is amended to
  read as follows:
         Sec. 301.025.  REQUIRING WITNESS [REFUSAL] TO TESTIFY OR
  PRODUCE EVIDENCE; IMMUNITY; COUNSEL. (a)  A witness called by the
  legislature, by either house of the legislature, or by a
  legislative committee may [does] not [have a privilege to] refuse
  to testify to a fact or produce a document or other evidence for any
  reason, except as provided by Subsection (b) [on the ground that the
  testimony or document may tend to disgrace the person or otherwise
  make the person infamous].
         (b)  Subject to Subsections (c) and (d), a witness called by
  the legislature, by either house, or by a legislative committee may
  refuse to testify to a fact or produce a document or other evidence
  on the ground that the testimony or evidence may incriminate the
  person.
         (c)  The legislature or a house of the legislature may, by
  written order adopted by the legislature or appropriate house and
  signed by the appropriate presiding officer or officers, require a
  person to testify or produce a document or other evidence
  concerning a matter under inquiry before either house or a
  legislative committee even if the person claims that the testimony
  or evidence [document] may incriminate the person [him].
         (d)  A legislative committee with authority to issue a
  subpoena or other process to compel the attendance of witnesses or
  the production of evidence may, by written order adopted by the
  committee and signed by the committee chair, require a person to
  testify or produce a document or other evidence concerning a matter
  under inquiry before the committee even if the person claims that
  the testimony or evidence may incriminate the person.
         (e) [(c)]  If a person testifies or produces a document or
  other evidence as required under Subsection (c) or (d) while
  claiming that the testimony or evidence [document] may incriminate
  the person [him], the testimony or evidence that the person was
  compelled to produce, or any information directly or indirectly
  derived from that testimony or evidence, may not be used against the
  person in any criminal prosecution, other than a prosecution for
  any offense involving perjury or making a false statement or
  providing false information [person may not be indicted or
  prosecuted for any transaction, matter, or thing about which the
  person truthfully testified or produced evidence].
         (f) [(d)]  A witness has a right to counsel when testifying
  before the legislature, either house of the legislature, or a
  legislative committee.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
  * * * * *