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A BILL TO BE ENTITLED
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AN ACT
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relating to testimony or the production of evidence before the |
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legislature or a legislative committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.025, Government Code, is amended to |
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read as follows: |
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Sec. 301.025. REQUIRING WITNESS [REFUSAL] TO TESTIFY OR |
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PRODUCE EVIDENCE; IMMUNITY; COUNSEL. (a) A witness called by the |
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legislature, by either house of the legislature, or by a |
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legislative committee may [does] not [have a privilege to] refuse |
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to testify to a fact or produce a document or other evidence for any |
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reason, except as provided by Subsection (b) [on the ground that the
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testimony or document may tend to disgrace the person or otherwise
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make the person infamous]. |
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(b) Subject to Subsections (c) and (d), a witness called by |
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the legislature, by either house, or by a legislative committee may |
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refuse to testify to a fact or produce a document or other evidence |
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on the ground that the testimony or evidence may incriminate the |
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person. |
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(c) The legislature or a house of the legislature may, by |
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written order adopted by the legislature or appropriate house and |
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signed by the appropriate presiding officer or officers, require a |
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person to testify or produce a document or other evidence |
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concerning a matter under inquiry before either house or a |
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legislative committee even if the person claims that the testimony |
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or evidence [document] may incriminate the person [him]. |
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(d) A legislative committee with authority to issue a |
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subpoena or other process to compel the attendance of witnesses or |
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the production of evidence may, by written order adopted by the |
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committee and signed by the committee chair, require a person to |
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testify or produce a document or other evidence concerning a matter |
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under inquiry before the committee even if the person claims that |
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the testimony or evidence may incriminate the person. |
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(e) [(c)] If a person testifies or produces a document or |
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other evidence as required under Subsection (c) or (d) while |
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claiming that the testimony or evidence [document] may incriminate |
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the person [him], the testimony or evidence that the person was |
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compelled to produce, or any information directly or indirectly |
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derived from that testimony or evidence, may not be used against the |
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person in any criminal prosecution, other than a prosecution for |
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any offense involving perjury or making a false statement or |
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providing false information [person may not be indicted or
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prosecuted for any transaction, matter, or thing about which the
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person truthfully testified or produced evidence]. |
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(f) [(d)] A witness has a right to counsel when testifying |
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before the legislature, either house of the legislature, or a |
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legislative committee. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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