Some communications with an engrossing and enrolling department are confidential and covered by legislative privilege; certain privately given advice may also be attorney-client privileged, and legislators and listed officers may choose to disclose covered materials.
Sec. 301.042. COMMUNICATIONS WITH ENGROSSING AND ENROLLING DEPARTMENT. (a) In this section, "department" means an engrossing and enrolling department maintained by either house of the legislature. (b) Communications, including conversations, correspondence, and electronic communications, between a member of the legislature or the lieutenant governor, an officer of the house or senate, a legislative agency, office, or committee, or a member of the staff of any of those officers or entities and an assistant or employee of a department that relate to a request by the officer or entity for information, advice, or opinions from an assistant or employee of the department are confidential and subject to legislative privilege. (c) A communication described by Subsection (b) is subject to attorney-client privilege if: (1) the assistant or employee of the department who is a party to the communication is a department attorney or is working at the direction of a department attorney; (2) the communication is given privately; and (3) the communication is made in connection with the department attorney's provision of legal advice or other legal services. (d) Information, advice, and opinions given privately by an assistant or employee of a department to a member of the legislature or the lieutenant governor, an officer of the house or senate, a legislative agency, office, or committee, or a member of the staff of any of those officers or entities, when acting in the person's official capacity, are confidential and subject to legislative privilege. (e) The member of the legislature, lieutenant governor, house or senate officer, or legislative agency, office, or committee may choose to disclose all or a part of the communications, information, advice, or opinions to which this section applies and to which the individual or entity was a party. (f) This section does not affect the authority of a court to analyze and apply attorney-client privilege under the applicable rules of evidence governing a judicial proceeding. Added by Acts 2019, 86th Leg., R.S., Ch. 1250 (H.B. 4181), Sec. 13, eff. June 14, 2019.