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A BILL TO BE ENTITLED
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AN ACT
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relating to the assertion of legislative privilege by the attorney |
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general in certain legal challenges to the constitutionality of |
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state statutes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.010, Government Code, is amended by |
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adding Subsections (e), (f), and (g) to read as follows: |
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(e) The attorney general may assert legislative privilege |
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on behalf of the state or a state agency or official during |
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discovery, hearing, or trial in an action described by this section |
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unless asserting the privilege would create a conflict in the |
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attorney general's representation of the state or a state agency or |
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official. |
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(f) The attorney general has 30 days from the date |
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legislative privilege is asserted under Subsection (e) to provide |
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evidence of representation of the state or a state agency or |
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official who may properly assert the privilege. The provision of |
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evidence of that representation on or before that date establishes |
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the attorney general's authority to assert legislative privilege |
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under Subsection (e). |
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(g) The attorney general's authority under Subsection (e) |
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is not exclusive and does not affect another person's ability to |
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assert legislative privilege in any matter. |
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SECTION 2. This Act takes effect September 1, 2025. |