SB 19, Hse 2nd Rdg, Amnd #10

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Amend CSSB 19 (house committee printing) as follows:

(1) On page 27, line 7, strike "OF CERTAIN ORAL" and substitute "AND".

(2) Add the following appropriately numbered SECTIONS to ARTICLE 5 of the bill and renumber subsequent SECTIONS of that ARTICLE accordingly:

SECTION ____.____. Chapter 306, Government Code, is amended by adding Section 306.008 to read as follows:

Sec. 306.008. PRIVILEGES.(a) A communication is confidential and subject to legislative privilege if the communication:

(1) is between a legislative assistant or employee and a member of the legislature, an officer of the legislature, legislative staff, or the lieutenant governor;

(2) is given privately; and

(3) constitutes legislative business.

(b) A communication is confidential and subject to attorney-client privilege if the communication:

(1) is between a legislative attorney or a legislative employee working at the direction of a legislative attorney and a member of the legislature, an officer of the legislature, legislative staff, or the lieutenant governor;

(2) is given privately; and

(3) constitutes legal advice or legal services.

(c) A member of the legislature, an officer of the legislature, or the lieutenant governor may choose to disclose all or a part of a communication to which Subsection (a) or (b) applies.

SECTION ____.____. Chapter 323, Government Code, is amended by adding Section 323.021 to read as follows:

Sec. 323.021. LEGISLATIVE OFFICE RECORDS. A member of the legislature, the lieutenant governor, the office of a member or the lieutenant governor, an officer of the legislature, or a legislative agency that uses a mechanism made available by the council to transmit, store, or maintain records:

(1) possesses, maintains, or controls the records for purposes of litigation; and

(2) is the custodian of the records for purposes of Chapter 552.