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A BILL TO BE ENTITLED
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AN ACT
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relating to investigations conducted and actions brought by the |
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attorney general under the Texas Free Enterprise and Antitrust Act |
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of 1983. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.10, Business & Commerce Code, is |
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amended by adding Subsection (l) to read as follows: |
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(l) Interview notes. |
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(1) In the course of an antitrust investigation, the |
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attorney general may conduct an interview with one or more persons |
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who may have relevant information about the subject of the |
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investigation. Written notes or typed memoranda developed from |
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interviews conducted under this subdivision constitute attorney |
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work product memorializing the mental impressions of the attorney |
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general. The written notes or typed memoranda are confidential and |
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not subject to disclosure under Chapter 552, Government Code. |
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(2) If, as a result of the investigation, the attorney |
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general files suit for a violation of this chapter, the written |
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notes and typed memoranda described by Subdivision (1) and the |
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information contained in the written notes and typed memoranda |
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reflect the mental impressions of the attorney general and are: |
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(A) entitled to all protections afforded by law |
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to material subject to the attorney work product doctrine; and |
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(B) protected from disclosure in response to any |
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discovery request. |
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SECTION 2. Section 15.20, Business & Commerce Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) In an action brought by the attorney general under |
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this section, the attorney general is the sole party for discovery |
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purposes and is considered to lack possession, custody, or control |
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over documents in the possession of members of the legislature, |
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other state officers, or any state agencies or institutions. |
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SECTION 3. This Act takes effect September 1, 2025. |