Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 1386 amends Section 301.025 of the Texas Government Code, which governs the rights and obligations of individuals called to testify or produce evidence before the Texas Legislature or its committees. The bill clarifies when and how a witness may decline to answer questions or produce materials based on constitutional protections, particularly the right against self-incrimination.

Under the revised statute, a witness summoned by either chamber of the Texas Legislature or any of its committees may not refuse to testify or provide evidence unless invoking the protection against self-incrimination. Even when that right is invoked, the legislative body retains the authority to compel the witness to testify or produce evidence. In such cases, the bill guarantees that any compelled testimony—or any information derived directly or indirectly from it—cannot be used against the witness in a criminal proceeding, except in cases of perjury or false statements. This clause modernizes and narrows the scope of immunity to align more closely with the U.S. Constitution and federal practices.

In addition to refining procedural language, SB 1386 affirms the right of every witness to legal counsel when appearing before the legislature or a legislative committee. By doing so, the bill seeks to safeguard individual rights while also ensuring the legislature has the authority to carry out its oversight and investigatory responsibilities effectively. The legislation reflects a balance between empowering the legislature to gather truthful information and preserving constitutional liberties for individuals involved in such proceedings.

The Committee Substitute for SB 1386 introduces several key refinements and structural changes to the originally filed version. While both versions amend Section 301.025 of the Government Code regarding testimony before the Texas Legislature or its committees, the committee substitute improves clarity, updates terminology, and revises procedural mechanics to reflect a more streamlined legislative process.

One notable difference is in how the power to compel testimony is structured. The originally filed bill explicitly required a written order signed by the presiding officer(s) of the legislature or its chambers to compel testimony or the production of evidence when a witness invokes the right against self-incrimination. The Committee Substitute removes the requirement for a written order and instead allows either house or a legislative committee to directly compel testimony or evidence, suggesting a simplification of the process and possibly enhancing legislative efficiency.

Another important change is in terminology and structure. The originally filed bill refers frequently to the “legislature, by either house, or by a legislative committee,” which the substitute simplifies to just “either house or a legislative committee,” making the provision less redundant and more precise. This refinement is consistent with modern drafting principles as outlined in the Texas Legislative Council’s drafting manual.

Additionally, the immunity provision remains consistent in both versions, protecting compelled testimony from being used in criminal prosecutions except in cases involving perjury or false statements. However, the substitute enhances readability by breaking out the provisions into clearer, more digestible subsections.

Overall, the Committee Substitute maintains the core intent of the original—preserving individual rights while enabling legislative oversight—while offering procedural clarity and efficiency improvements. These changes likely arose from committee deliberations aiming to reconcile legal protections with legislative functionality.

Author

Joan Huffman

Co-Author

Sarah Eckhardt

Contact the Author

Sen. Joan Huffman

Capitol Phone:

(512) 463-0117

Capitol Office:

EXT E.14

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1386 will have no significant fiscal implications to the state. This assessment implies that the bill's provisions—related to compelling testimony and granting immunity during legislative inquiries—will not require additional appropriations or increase operational costs for state agencies, including the Legislature itself.

The fiscal note further indicates that any administrative or procedural costs that may arise due to enhanced legislative investigatory authority or the enforcement of testimony could be managed within existing agency resources. This suggests that the Texas Legislature, including its committees and legal support staff, already possesses the capacity and infrastructure to implement the provisions without additional funding.

Additionally, there is no anticipated fiscal impact on local governments, meaning municipalities, counties, or other local entities will not bear any new costs or responsibilities under this legislation. Overall, from a budgetary perspective, SB 1386 is designed to enhance legislative procedure without imposing financial burdens on state or local governments.

Vote Recommendation Notes

SB 1386 represents a thoughtful and balanced revision to legislative investigatory authority in Texas. The bill's primary innovation lies in replacing transactional immunity—which fully protected individuals from prosecution for any matter related to their testimony—with testimonial immunity, which allows compelled testimony but bars its use in criminal prosecution, except in cases of perjury or false statements. This shift aligns Texas more closely with federal practices and addresses a key concern in the current law: the incentive it gives individuals to testify solely to gain immunity from prosecution.

The substituted version preserves essential constitutional rights, notably the Fifth Amendment protection against self-incrimination. It carefully navigates the boundary between individual liberty and the legislature’s need to conduct effective oversight. By ensuring that compelled testimony cannot be used directly or indirectly in criminal cases (excluding perjury), the bill upholds legal fairness while still allowing for accountability through criminal indictment where independently justified.

Additionally, the fiscal note affirms that the bill carries no significant cost to the state or local governments, and the Legislative Budget Board expects all implementation to be managed within existing resources. The bill analysis also confirms that no new rulemaking authority is granted, indicating it operates within existing legislative frameworks.

From a liberty principle perspective, SB 1386 promotes individual liberty and limited government by enhancing protections during legislative proceedings without expanding government power unjustifiably. It supports personal responsibility by maintaining the expectation that citizens must comply with lawful legislative inquiries while being held accountable if they commit perjury. Therefore, Texas Policy Research recommends that lawmakers vote YES on SB 1386 for improving legislative transparency and accountability while respecting fundamental rights.

Individual Liberty: The bill strengthens protections for individual liberty by refining how legislative bodies may compel testimony. It replaces transactional immunity (which blocked any prosecution related to compelled testimony) with testimonial immunity, which only prohibits the use of the compelled testimony (or its derivatives) in criminal prosecution. This preserves a person’s Fifth Amendment right against self-incrimination while ensuring that individuals cannot exploit immunity to avoid legitimate accountability. It also explicitly guarantees the right to counsel during legislative proceedings, further bolstering due process protections.
Personal Responsibility: By eliminating transactional immunity, the bill reinforces the principle that individuals remain responsible for their actions—even when they testify under compulsion. It removes a loophole that could incentivize individuals to testify in bad faith simply to escape prosecution. Instead, it ensures that testimony cannot be used against them, but they can still be prosecuted based on other evidence. This promotes honesty and accountability, both critical components of personal responsibility.
Free Enterprise: The bill does not directly affect business operations or economic regulations. However, by improving the integrity and functionality of legislative inquiries it could indirectly benefit the free enterprise system through increased government transparency and deterrence of corruption or misconduct within public-private interactions.
Private Property Rights: The bill does not engage with or alter laws related to property ownership, eminent domain, or land use. Its focus is solely procedural regarding legislative testimony and evidence.
Limited Government: The bill enhances legislative investigatory powers by making it procedurally easier to compel testimony, but it balances this expansion with strong individual protections (testimonial immunity and right to counsel). In this sense, it maintains the boundaries of limited government by ensuring that oversight powers do not come at the expense of civil liberties. It allows the legislature to perform its oversight role more effectively but without granting unchecked power or diminishing constitutional rights.

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