BILL ANALYSIS

S.B. 1433

By: Bettencourt

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill sponsor has informed the committee that recent rulings by the Fifth Circuit require assistant attorneys general to provide evidence of representation of a legislator or legislative agency in order to assert legislative privilege, which may lead to accidental waivers of privilege during legal proceedings and depositions where questions may inadvertently touch on privileged matters. S.B. 1433 seeks to address this issue by allowing the attorney general to assert legislative privilege and subsequently provide evidence of representation, unless doing so would create a conflict in representation.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1433 amends the Government Code to authorize the attorney general to assert legislative privilege on behalf of the state or a state agency or official during discovery, hearing, or trial in an action challenging the constitutionality of state statutes unless asserting the privilege would create a conflict in the attorney general's representation of the state or state agency or official. The bill sets a deadline of 30 days from the date the attorney general asserts legislative privilege by which the attorney general must provide evidence of representation of the state or a state agency or official who may properly assert the privilege and clarifies that the provision of such evidence on or before that date establishes the attorney general's authority to assert legislative privilege. The bill establishes that the attorney general's authority to assert legislative privilege under the bill is not exclusive and does not affect another person's ability to assert legislative privilege in any matter.

EFFECTIVE DATE

September 1, 2025.