Some legislative communications are confidential and protected by legislative privilege or attorney-client privilege; certain legislative officials may choose to disclose them, and courts keep their authority to apply privileges in judicial proceedings.
Sec. 306.008. LEGISLATIVE PRIVILEGE. (a) To protect the public's interest in the proper performance of the deliberative and policymaking responsibilities of the legislature and to preserve the legislative branch's independence under the fundamental principle of separation of powers, as guaranteed by Article II and Section 21, Article III, Texas Constitution, a communication is confidential and subject to legislative privilege if the communication: (1) is given privately; (2) concerns a legislative activity or function; and (3) is among or between any of the following: (A) a member of the house or senate; (B) the lieutenant governor; (C) an officer of the house or senate; (D) a member of the governing body of a legislative agency; or (E) a legislative employee. (b) A communication described by Subsection (a) is subject to attorney-client privilege if: (1) one of the parties to the communication is a legislative attorney or a legislative employee working at the direction of a legislative attorney; and (2) the communication is made in connection with the legislative attorney's provision of legal advice or other legal services. (c) A member of the house or senate, the lieutenant governor, or an officer of the house or senate may choose to disclose all or part of a communication to which Subsection (a) or (b) applies and to which the individual or a legislative employee acting on behalf of the individual was a party. (d) This section does not affect the authority of a court to analyze and apply legislative or attorney-client privileges under the applicable rules of evidence governing a judicial proceeding. (e) In this section: (1) "Legislative agency" means a board, commission, committee, council, department, office, or any other agency in the legislative branch of state government. The term does not include the Texas Ethics Commission. (2) "Legislative attorney" means an attorney employed or engaged by the house, the senate, a member of the house or senate, the lieutenant governor, an officer of the house or senate, a house or senate committee, a joint committee, or a legislative agency. (3) "Legislative employee" means: (A) an employee of, assistant to, or credentialed intern for any part of the legislative branch of state government, including the house, the senate, a member of the house or senate, the lieutenant governor, an officer of the house or senate, a house or senate committee, a joint committee, or a legislative agency; or (B) a person performing services under a contract entered into with the house, the senate, a house or senate committee, or a legislative agency. Added by Acts 2019, 86th Leg., R.S., Ch. 1250 (H.B. 4181), Sec. 19, eff. June 14, 2019.