S.B. No. 1433 amends Section 402.010 of the Government Code to establish the authority of the attorney general to assert legislative privilege on behalf of the state or a state agency or official during legal proceedings that challenge the constitutionality of state statutes. The new provisions include that the attorney general can assert this privilege during discovery, hearings, or trials unless it creates a conflict with their representation duties. Additionally, the attorney general is required to provide evidence of their representation within 30 days of asserting the privilege, which will confirm their authority to do so.
Furthermore, the bill clarifies that the attorney general's authority to assert legislative privilege is not exclusive, meaning that other individuals may also assert this privilege in relevant matters. This legislation is set to take effect on September 1, 2025.
Statutes affected: Introduced: Government Code 402.010 (Government Code 402)
Senate Committee Report: Government Code 402.010 (Government Code 402)
Engrossed: Government Code 402.010 (Government Code 402)
House Committee Report: Government Code 402.010 (Government Code 402)
Enrolled: Government Code 402.010 (Government Code 402)