S.B. No. 1433 amends the Government Code by adding new subsections to Section 402.010, which pertain to the assertion of legislative privilege by the attorney general in legal challenges regarding the constitutionality of state statutes. The bill 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. Additionally, the attorney general is required to provide evidence of representation within 30 days of asserting the privilege, which will establish 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)