S.B. No. 1433, introduced by Bettencourt, amends Section 402.010 of the Government Code to clarify the role of the attorney general in asserting legislative privilege during legal challenges to the constitutionality of state statutes. The bill adds 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) 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 others from asserting the privilege in any matter. This bill 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)