Monitoring the Session

SB 1433

Attorney General Can Block Requests For Lawmakers’ Records

Became law, effective Sep 1, 2025

Verdict: No flags

No flagsInitial review
Sen. Paul BettencourtRSenate 7

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 F.

Summary

Lawmakers never have to step in. Then 30 days to show who it represents.

The bill lets the attorney general claim legislative privilege for the state, a state agency or a state official during discovery, hearings or trial in lawsuits challenging whether a state law is constitutional. The attorney general then has 30 days to show it actually represents someone who can properly claim that privilege, unless claiming it would create a conflict in that representation. This touches people suing the state over its laws, because the attorney general can now block requests for lawmakers' internal records and testimony without the lawmakers themselves stepping in.

Receipt

The receipt

89R-SB1433 · 2025-02-19

SOLD BY

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

Lawmakers never have to step in. Then 30 days to show who it represents.

The bill lets the attorney general claim legislative privilege for the state, a state agency or a state official during discovery, hearings or trial in lawsuits challenging whether a state law is constitutional. The attorney general then has 30 days to show it actually represents someone who can properly claim that privilege, unless claiming it would create a conflict in that representation. This touches people suing the state over its laws, because the attorney general can now block requests for lawmakers' internal records and testimony without the lawmakers themselves stepping in.

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 · March 11, 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. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to State Affairs
  5. Scheduled for public hearing on . . .
  6. Considered in public hearing
  7. Testimony taken in committee
  8. Left pending in committee
  9. Considered in public hearing
  10. Vote taken in committee
  11. Reported favorably w/o amendments
  12. Committee report printed and distributed
  13. Placed on intent calendar
  14. Rules suspended-Regular order of business
  15. Record vote
  16. Read 2nd time & passed to engrossment
  17. Record vote
  18. Rules suspended-Regular order of business
  19. Record vote
  20. Read 3rd time
  21. Passed
  22. Record vote
  23. Reported engrossed
  24. Received from the Senate
  25. Read first time
  26. Referred to State Affairs
  27. Considered in formal meeting
  28. Reported favorably w/o amendment(s)
  29. Comte report filed with Committee Coordinator
  30. Committee report distributed
  31. Committee report sent to Calendars
  32. Considered in Calendars
  33. Placed on General State Calendar
  34. Read 2nd time
  35. Passed to 3rd reading
  36. Record vote RV#3788
  37. Statement(s) of vote recorded in Journal
  38. Read 3rd time
  39. Passed
  40. Record vote RV#3892
  41. Statement(s) of vote recorded in Journal
  42. House passage reported
  43. Reported enrolled
  44. Signed in the Senate
  45. Signed in the House
  46. Sent to the Governor
  47. Signed by the Governor
  48. Effective on 9/1/25
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, enrolled version (F)

The bill gives the state's lawyer a new shield against discovery of legislative records and testimony in lawsuits challenging state laws.

SIGNED FOR BY

House · 86 yea · 52 nay

Senate · 21 yea · 10 nay

Sources

House: Final passage · May 28, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · Apr 29, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Donors report through Friends of Paul Bettencourt.

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 · Oct 27, 2024 to Jun 30, 2026. 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.

Money

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

Votes6

House May 28, 2025

Yea
86
Nay
52
Present, not voting
1
Absent
4
Excused
7
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 3892

SB 1433 was passed by (Record 3892): 86 Yeas, 52 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 86 (published)
  • Nay: 52 (published)
  • Present, not voting: 1 (published)
  • Absent: 4 (derived from named list)
  • Excused: 7 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 27, 2025

Yea
91
Nay
48
Present, not voting
1
Absent
7
Excused
3
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 3788

SB 1433 was passed to third reading by (Record 3788): 91 Yeas, 48 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 91 (published)
  • Nay: 48 (published)
  • Present, not voting: 1 (published)
  • Absent: 7 (derived from named list)
  • Excused: 3 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate Apr 29, 2025

Yea
21
Nay
10
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read third time and was passed by the following vote: Yeas 21, Nays 10. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

  • Yea: 21 (published)
  • Nay: 10 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 29, 2025

Yea
21
Nay
10
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Bettencourt moved to suspend the regular order of business to take up for consideration SB 1433 at this time on its third reading and final passage: SB 1433, Relating to the assertion of legislative privilege by the attorney general in certain legal challenges to the constitutionality of state statutes. The motion prevailed by the following vote: Yeas 21, Nays 10.

Published stock of positions for this vote, except where marked derived.

  • Yea: 21 (published)
  • Nay: 10 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 28, 2025

Yea
21
Nay
10
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read second time and was passed to engrossment by the following vote: Yeas 21, Nays 10. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

  • Yea: 21 (published)
  • Nay: 10 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 28, 2025

Yea
21
Nay
10
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Bettencourt moved to suspend the regular order of business to take up for consideration SB 1433 at this time on its second reading: SB 1433, Relating to the assertion of legislative privilege by the attorney general in certain legal challenges to the constitutionality of state statutes. The motion prevailed by the following vote: Yeas 21, Nays 10.

Published stock of positions for this vote, except where marked derived.

  • Yea: 21 (published)
  • Nay: 10 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses8
For
3
Against
3
On
2
Names

For

  • Self3 registrations

Against

  • ACLU of Texas1 registration
  • Self1 registration
  • Texas Civil Rights Project1 registration

On

  • OAG1 registration
  • Self1 registration
Sources

8 parsed registrations across the loaded witness lists.

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

Senate 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 · March 11, 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 F by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas Senate · Filed Feb 19, 2025

06/20/2025 E Effective on 9/1/25

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Sponsors

House committee · State Affairs · Committee vote 9 aye, 6 nay · Out of committee

Senate committee · State Affairs · Committee vote 9 aye, 0 nay, 2 absent · Out of committee

Companion

HB 3022 by Smithee (identical)

Subjects

Courts--General

Legislature

State Agencies, Boards & Commissions

ATTORNEY GENERAL

Text

The text as introduced · 213 words

89R12949 JRJ-F

By: Bettencourt
S.B. No. 1433

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.