BILL ANALYSIS

Senate Research Center	S.B. 2417
89R12639 BCH-F	By: King
	State Affairs
	4/30/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The Texas Attorney General is responsible for enforcing the Texas Free Enterprise and Antitrust Act of 1983 (Act). However, as currently written, the Act lacks two important protections for the attorney general concerning discovery in enforcement litigation proceedings. First, the Act does not provide explicit protection over attorney interview notes prepared during antitrust investigations. Second, the Act does not deem the attorney general as the sole party for discovery purposes. The lack of these protections subjected the Office of the Attorney General to costly and burdensome discovery requests in the recent Google Ad Tech antitrust litigation.

S.B. 2417 seeks to address these issues by establishing (1) that investigatory notes and memoranda taken during interviews are attorney work product exempt from disclosure in response to litigation discovery requests and the Texas Public Information Act and (2) that the attorney general is the sole party for purposes of discovery in litigation enforcement proceedings.

As proposed, S.B. 2417 amends current law relating to investigations conducted and actions brought by the attorney general under the Texas Free Enterprise and Antitrust Act of 1983.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 15.10, Business & Commerce Code, by adding Subsection (l), as follows:

(l) Interview notes.

(1) Authorizes the attorney general, in the course of an antitrust investigation, to conduct an interview with one or more persons who may have relevant information about the subject of the investigation. Provides that written notes or typed memoranda developed from interviews conducted under this subdivision constitute attorney work product memorializing the mental impressions of the attorney general. Provides that the written notes or typed memoranda are confidential and not subject to disclosure under Chapter 551 (Open Meetings), Government Code.

(2) Provides that, if, as a result of the investigation, the attorney general files suit for a violation of this chapter, the written notes and typed memoranda described by Subdivision (1) and the information contained in the written notes and typed memoranda reflect the mental impressions of the attorney general and are entitled to all protections afforded by law to material subject to the attorney work product doctrine and protected from disclosure in response to any discovery request.

SECTION 2. Amends Section 15.20, Business & Commerce Code, by adding Subsection (b-1) to provide that, in an action brought by the attorney general under Section 15.20 (Civil Suits by the State), the attorney general is the sole party for discovery purposes and is considered to lack possession, custody, or control over documents in the possession of members of the legislature, other state officers, or any state agencies or institutions.

SECTION 3. Effective date: September 1, 2025.