SB1433

The new authority applies during discovery—the exchange of evidence—as well as hearings or trial in an action covered by Government Code 402.010. That section concerns a pleading challenging the constitutionality of a Texas statute, not every case involving a government party. The attorney general may not use the new authority when asserting the privilege would create a conflict in representing the state, agency or official. Final law; Existing constitutional-challenge framework.

The attorney general has 30 days after asserting the privilege to provide evidence of representing the state, agency or official who may properly assert it. Timely evidence establishes the attorney general’s authority to assert the privilege under the new provision; that is different from proving that particular evidence is privileged. The authority is not exclusive and does not impair another person’s ability to assert legislative privilege in any matter. Final law, subsections (e)–(g).

The introduced, Senate committee, Senate-passed, House committee and enrolled operative texts are unchanged. No floor amendments are listed. The bill adds these three subsections rather than rewriting the section’s existing notice provisions. Introduced; Senate committee; Senate-passed; House committee; Final law; Version index; Amendment index.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

The state’s lawyers gain an express statutory route to assert the privilege, subject to the conflict and representation requirements. Parties seeking legislative evidence may encounter that assertion, but the act does not establish a particular case’s outcome or automatically shield every document or witness. It does not create an exclusive power for the attorney general or eliminate other people’s ability to assert the privilege. Final law.

The March 11 fiscal note anticipates no significant fiscal impact on the state or local governments and assumes implementation costs can be absorbed within existing resources. It does not estimate changes in private litigation costs or the success rate of privilege claims. The act makes no appropriation. Fiscal note.