S.B. No. 1433 amends Section 402.010 of the Government Code to establish provisions regarding the assertion of legislative privilege by the attorney general in legal challenges concerning 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 during discovery, hearings, or trials, provided that doing so does not create a conflict in the attorney general's representation. Subsection (f) stipulates that the attorney general has 30 days to provide evidence of representation for the state or agency after asserting the privilege, which confirms the authority to do so. Subsection (g) clarifies that the attorney general's authority to assert legislative privilege is not exclusive and does not prevent others from asserting the privilege in any matter.

The bill is set to take effect on September 1, 2025, following its passage in both the Senate and the House. The Senate approved the bill with a vote of 21 in favor and 10 against, while the House passed it with a vote of 86 in favor, 52 against, and one present not voting.

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)