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 Subsection (e), which allows the attorney general to assert this privilege unless it creates a conflict in their representation. Subsection (f) stipulates that the attorney general has 30 days to provide evidence of their representation to establish their authority to assert the privilege, while Subsection (g) clarifies that this authority is not exclusive and does not prevent others from asserting legislative privilege.
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)