House Bill No. 3022 amends Section 402.010 of the Government Code to clarify the authority of the attorney general in asserting legislative privilege during legal challenges to the constitutionality of state statutes. The bill introduces new subsections (e), (f), and (g). Subsection (e) allows the attorney general to assert legislative privilege on behalf of the state or a state agency or official during discovery, hearings, or trials, provided that doing so does not create a conflict in the attorney general's representation. Subsection (f) establishes a 30-day timeframe for the attorney general to provide evidence of representation for the state or agency asserting the privilege, which, if provided timely, confirms the attorney general's authority to assert the privilege.

Additionally, Subsection (g) clarifies that the attorney general's authority to assert legislative privilege is not exclusive and does not prevent other individuals from asserting the privilege in any matter. This bill aims to strengthen the legal framework surrounding legislative privilege in Texas, ensuring that the attorney general can effectively represent the interests of the state while also allowing for broader assertions of privilege by other parties. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Government Code 402.010 (Government Code 402)
House Committee Report: Government Code 402.010 (Government Code 402)