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SB1433

Regular Session

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

Low
Low Cost
Effective:2025-09-01
SB1433
Low
Relating to the assertion of legislative privilege by the attorney general in certain legal challenges to the constitutionality of state statutes.
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Office of the Attorney General
Primary Author: Sen. Paul Bettencourt
89th Texas Legislature
jdkey.com
01

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.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 19, 2025
Passed Senate
Apr 29, 2025
Passed House
May 28, 2025
Signed
Jun 20, 2025
TopicsCourtsCourts--generalLegislatureState Agencies, Boards & CommissionsAttorney General
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Senate Authors

Sen. Paul BettencourtRepublican · Primary Author

House Sponsor

Rep. John SmitheeRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB1433

Q

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.

Q

Who authored SB1433?

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

Q

When was SB1433 signed into law?

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

Q

Which agencies enforce SB1433?

SB1433 is enforced by Office of the Attorney General.

Q

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.

Q

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.

Q

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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