Monitoring the Session

HB 3022

Smithee Bill Lets State Lawyers Block Questions About Lawmaking

Did not pass

Verdict: No flags

No flagsInitial review
Rep. John T. SmitheeRHouse 86

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

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

Caption from analyzed text · version H.

Summary

Law challenged as unconstitutional? Claim legislative privilege first, prove authority within 30 days.

The bill lets the attorney general claim legislative privilege for the state, a state agency, or a state official during discovery, hearings, or trial when a state law is challenged as unconstitutional. The attorney general then has 30 days to show proof that it represents someone who can properly claim the privilege, unless claiming it would create a conflict in that representation. Lawyers for the state can block questions about lawmaking right away and prove their authority later, and others keep their own right to claim the privilege.

Receipt

The receipt

89R-HB3022 · 2025-02-19

SOLD BY

Rep. John T. SmitheeRHouse 86

ITEM

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

WHAT IT DOES

Law challenged as unconstitutional? Claim legislative privilege first, prove authority within 30 days.

The bill lets the attorney general claim legislative privilege for the state, a state agency, or a state official during discovery, hearings, or trial when a state law is challenged as unconstitutional. The attorney general then has 30 days to show proof that it represents someone who can properly claim the privilege, unless claiming it would create a conflict in that representation. Lawyers for the state can block questions about lawmaking right away and prove their authority later, and others keep their own right to claim the privilege.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 1, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to State Affairs
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in public hearing
  9. Reported favorably w/o amendment(s)
  10. Comte report filed with Committee Coordinator
  11. Committee report distributed
  12. Committee report sent to Calendars
  13. Considered in Calendars
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“The attorney general may assert legislative privilege on behalf of the state or a state agency or official during discovery, hearing, or trial”…

Bill text, House committee report version (H)

The bill makes it easier for the state to shield lawmaking records and testimony from discovery in lawsuits challenging state laws.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

John T. Smithee

Donors

Kickapoo Traditional Tribe of TX$5KRichard Weekley$5,000Texans for Lawsuit Reform PAC$5K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Aug 19, 2024 to Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Kickapoo Traditional Tribe of TX$5,000.00

Kickapoo Traditional Tribe of TX

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Aug 28, 2024. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Aug 28, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100968332.

Richard Weekley$5,000.00
Texans for Lawsuit Reform PAC$5,000.00

Texans for Lawsuit Reform PAC

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101011601.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Kickapoo Traditional Tribe of TX

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Aug 28, 2024. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Aug 28, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100968332.

×

Texans for Lawsuit Reform PAC

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101011601.

Votes

No floor vote loaded for this bill.

Witnesses5
For
0
Against
4
On
1
Names

Against

  • ACLU of Texas1 registration
  • Self2 registrations
  • Texas Civil Rights Project1 registration

On

  • Office of the Attorney General1 registration
Sources

5 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 1, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Feb 19, 2025

05/09/2025 H Considered in Calendars

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · State Affairs · Committee vote 9 aye, 5 nay, 1 absent · Out of committee

Companion

SB 1433 by Bettencourt (identical)

Subjects

Courts--General

Legislature

State Agencies, Boards & Commissions

ATTORNEY GENERAL

Text

The text as introduced · 213 words

89R12949 JRJ-F

By: Smithee
H.B. No. 3022

A BILL TO BE ENTITLED

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.