Overall Vote Recommendation

Vote Yes; Amend

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 1433 amends Section 402.010 of the Texas Government Code to expand the powers of the Texas Attorney General in legal proceedings involving constitutional challenges to state laws. Specifically, the bill authorizes the Attorney General to assert "legislative privilege"—a legal doctrine that protects the communications, deliberations, and mental impressions of legislators—on behalf of the state, a state agency, or a state official. This privilege can be invoked during discovery, hearings, or trial phases of litigation.

The bill outlines procedural requirements for invoking this privilege. Once asserted, the Attorney General must provide evidence of legal representation of the party entitled to assert the privilege within 30 days. Doing so formally establishes the Attorney General's authority to assert the privilege in that case. Importantly, the legislation clarifies that the Attorney General’s authority is not exclusive, meaning that others—such as legislators or officials themselves—retain the ability to assert the privilege independently.

The Committee Substitute for SB 1433 introduces several notable refinements to the originally filed version, enhancing procedural clarity and limiting the potential for unchecked authority by the Texas Attorney General. While both versions aim to permit the Attorney General to assert legislative privilege on behalf of the state or its officials during constitutional legal challenges, the engrossed version adds structure to how and when this privilege can be exercised.

Most significantly, the substitute includes a new provision (Subsection (f)) that requires the Attorney General to provide evidence of representation within 30 days after asserting legislative privilege. This timeline ensures that the privilege is not used arbitrarily or indefinitely and creates a formal mechanism for validating the Attorney General's authority in such cases. By establishing this deadline, the legislature introduces a procedural check that was entirely absent from the introduced bill.

Additionally, the substitute clarifies in Subsection (g) that the Attorney General’s ability to assert legislative privilege is non-exclusive. This means that individual legislators, agencies, or state officials may still assert the privilege independently. This change prevents the centralization of authority solely within the Attorney General’s office and preserves broader access to legislative privilege for other entities, supporting a more balanced separation of powers.

In essence, while the originally filed version offered a broad and somewhat vague grant of power, the Committee Substitute takes a more measured approach. It retains the central purpose of the bill—fortifying the state’s legal defenses in constitutional cases—while inserting critical procedural requirements and safeguards to prevent misuse or overreach.

Author

Paul Bettencourt

Sponsor

John Smithee

Contact the Author

Sen. Paul Bettencourt

Capitol Phone:

(512) 463-0107

Capitol Office:

CAP 3E.16

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1433 is not expected to have a significant financial impact on the state government. The assumption is that any costs associated with implementing the provisions of the bill—such as the Attorney General's office asserting legislative privilege or providing evidence of representation—can be absorbed using existing agency resources and personnel. Therefore, no additional funding or staffing is anticipated to be necessary.

From a local government perspective, the bill is also not expected to produce any notable fiscal consequences. Since the legislation pertains to state-level legal representation in constitutional challenges, its scope is confined to actions involving the state and its agencies. Local entities are not directly involved in these procedures and, thus, are unlikely to incur any additional costs or administrative burdens.

The bill also does not grant new rulemaking authority or establish new programs or offices that might require appropriations or budgetary oversight. It is procedural in nature, focusing on clarifying and codifying how legislative privilege can be asserted during litigation without altering broader state agency operations or financial obligations. This narrow and targeted scope contributes to its negligible fiscal footprint.

Vote Recommendation Notes

SB 1433 proposes to codify and clarify the Texas Attorney General’s authority to assert legislative privilege on behalf of the state, state agencies, or officials during litigation involving constitutional challenges to state laws. The bill strengthens the state’s legal posture by ensuring the preservation of legislative deliberative processes, which are vital to the separation of powers and the integrity of lawmaking. The Committee Substitute version improves upon the originally filed bill by including procedural safeguards—a 30-day deadline to demonstrate proper representation and a non-exclusivity clause that preserves the ability of other parties to assert privilege independently.

Supporters argue that the bill ensures that legislative privilege—a doctrine long recognized in law—can be properly and uniformly asserted in sensitive constitutional cases. The bill has garnered support from state officials and private citizens, though civil liberties groups have voiced concerns about the potential for it to obscure important legislative records in legal disputes that could impact individual rights. These concerns are valid and warrant careful consideration, but they do not outweigh the benefits of clarifying this legal authority, particularly when procedural protections are already being built into the bill.

Importantly, the bill carries no significant fiscal impact, and its implementation can be absorbed by existing resources at the Office of the Attorney General. This fiscal neutrality, combined with the bill’s practical purpose, adds to the argument for its passage.

Therefore, Texas Policy Research recommends that lawmakers vote YES on SB 1433 while also strongly encouraging lawmakers to adopt additional amendments that will:

Further clarify the scope and limits of legislative privilege;
Reinforce transparency safeguards, especially in litigation affecting constitutional rights;
Create clear standards for judicial review when privilege is asserted.

These amendments will improve public confidence in the balance between state authority and individual liberty and ensure the privilege is not used to evade accountability in sensitive legal challenges.

Related Legislation

HB 3022 (Same As)

View Bill Text and Status