Senate Bill No. 34 amends Section 301.025 of the Government Code regarding the testimony and production of evidence before the Texas legislature or its committees. The bill clarifies that a witness called by either house of the legislature or a legislative committee may refuse to testify or produce evidence if it may incriminate them. This provision is a significant change from the previous law, which did not allow witnesses to refuse testimony on the grounds of potential self-incrimination. Additionally, the bill stipulates that if a witness is compelled to testify or produce evidence while claiming it may incriminate them, that testimony or evidence cannot be used against them in any criminal prosecution, except for cases involving perjury or false statements.

Furthermore, the bill establishes that witnesses have the right to counsel when testifying before the legislature or a legislative committee. This right to legal representation is an important addition to the protections afforded to witnesses during legislative inquiries. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on the 91st day after the legislative session if such a vote is not achieved.

Statutes affected:
Introduced: Government Code 301.025 (Government Code 301)
Senate Committee Report: Government Code 301.025 (Government Code 301)
Engrossed: Government Code 301.025 (Government Code 301)