SB1433

Regular Session

Relating to the assertion of legislative privilege by the attorney general in certain legal challenges to the constitutionality of state statutes.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Office of the Attorney General

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: Immediate strategic adjustment required for pending litigation; discovery must be accelerated and completed prior to September 1, 2025, to avoid the new privilege shield.
Agency Rulemaking: None. This statute is self-executing within the judicial system and does not require agency rulemaking.

Immediate Action Plan

Audit Active Litigation: Review all pending lawsuits against state agencies immediately.
Accelerate Discovery: Instruct outside counsel to file discovery requests and secure depositions regarding legislative intent *before* the September 1, 2025 effective date.
Re-evaluate Litigation Risk: Update legal risk assessments to reflect the lower probability of obtaining internal state deliberations in future constitutional challenges.

Operational Changes Required

Contracts

No changes required. This statute governs court procedure and evidence rules; it does not impact vendor terms or Master Services Agreements.

Hiring/Training

No impact on general staffing. General Counsels must brief outside counsel on the new evidentiary hurdles regarding state litigation.

Reporting & Record-Keeping

No new internal reporting requirements. The burden of documentation (providing evidence of representation) lies solely with the Attorney General.

Fees & Costs

No new statutory fees. However, businesses challenging state laws must budget for increased legal fees. Expect outside counsel to bill additional hours fighting privilege assertions and litigating the "conflict of interest" exception.

Strategic Ambiguities & Considerations

The statute prohibits the AG from asserting privilege if it creates a "conflict in representation," but fails to define what constitutes such a conflict. Additionally, the specific documentation required to satisfy the "evidence of representation" (due within 30 days of assertion) is undefined. We anticipate the OAG will interpret these broadly to block discovery, while courts will have to define the limits on a case-by-case basis.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

Legislative Timeline

This bill's path through the Texas Legislature

TopicsCourts Courts--general Legislature State Agencies, Boards & Commissions Attorney General

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1433
89R12949 JRJ-F	By: Bettencourt
	State Affairs
	3/10/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Concerns have been raised about the attorney general's ability to assert legislative privilege while representing certain state agencies in court. S.B. 1433 allows the attorney general to assert legislative privilege on behalf of the state or a state agency or official during discovery, hearing, or trial. The attorney general has 30 days from the date that the legislative privilege is asserted to provide evidence of representation of the state or a state agency or official who may properly assert the privilege. Lastly, S.B. 1433 provides a provision that would allow the attorney general not to assert legislative privilege if it would create a conflict.

As proposed, S.B. 1433 amends current law relating to the assertion of legislative privilege by the attorney general in certain legal challenges to the constitutionality of state statutes.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 402.010, Government Code, by adding Subsections (e), (f), and (g), as follows:

(e) Authorizes the attorney general to assert legislative privilege on behalf of the state or a state agency or official during discovery, hearing, or trial in an action described by Section 402.010 (Legal Challenges to Constitutionality of State Statutes) unless asserting the privilege would create a conflict in the attorney general's representation of the state or a state agency or official.

(f) Provides that the attorney general has 30 days from the date legislative privilege is asserted under Subsection (e) to provide evidence of representation of the state or a state agency or official who is authorized to assert the privilege. Provides that the provision of evidence of that representation on or before that date establishes the attorney general's authority to assert legislative privilege under Subsection (e).

(g) Provides that the attorney general's authority under Subsection (e) is not exclusive and does not affect another person's ability to assert legislative privilege in any matter.

SECTION 2. Effective date: September 1, 2025.

Senate Authors

Sen. Paul BettencourtRepublican · Primary Author

House Sponsor

Rep. John SmitheeRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 1433

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the assertion of legislative privilege by the attorney
	general in certain legal challenges to the constitutionality of
	state statutes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 402.010, Government Code, is amended by
	adding Subsections (e), (f), and (g) to read as follows:
	(e) The attorney general may assert legislative privilege
	on behalf of the state or a state agency or official during
	discovery, hearing, or trial in an action described by this section
	unless asserting the privilege would create a conflict in the
	attorney general's representation of the state or a state agency or
	official.
	(f) The attorney general has 30 days from the date
	legislative privilege is asserted under Subsection (e) to provide
	evidence of representation of the state or a state agency or
	official who may properly assert the privilege. The provision of
	evidence of that representation on or before that date establishes
	the attorney general's authority to assert legislative privilege
	under Subsection (e).
	(g) The attorney general's authority under Subsection (e)
	is not exclusive and does not affect another person's ability to
	assert legislative privilege in any matter.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 11, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1433 by Bettencourt (Relating to the assertion of legislative privilege by the attorney general in certain legal challenges to the constitutionality of state statutes.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

302 Office of the Attorney General

LBB Staff:

JMc, WP, LCO, JKe

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Frequently Asked Questions

Common questions about SB1433

What does Texas SB1433 do?

SB1433 empowers the Office of the Attorney General (OAG) to assert legislative privilege in constitutional challenges, effectively shielding state communications and internal deliberations from discovery. This change significantly increases the difficulty and cost for businesses attempting to overturn state statutes or regulations through litigation. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: Immediate strategic adjustment required for pending litigation; discovery must be accelerated and completed prior to September 1, 2025, to avoid the new privilege shield.

Who authored SB1433?

SB1433 was authored by Texas Senator Paul Bettencourt during the Regular Session.

When was SB1433 signed into law?

SB1433 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB1433?

SB1433 is enforced by Office of the Attorney General.

How urgent is compliance with SB1433?

The compliance urgency for SB1433 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1433?

The cost impact of SB1433 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1433 address?

SB1433 addresses topics including courts, courts--general, legislature, state agencies, boards & commissions and attorney general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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