Texas Government Code 323.017 – Confidential and Privileged Communications
(a) 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 the council that relate to a request by the officer or entity for information, advice, or opinions from an assistant or employee of the council are confidential and subject to legislative privilege.
(b) A communication described by Subsection (a) is subject to attorney-client privilege if:
(1) the assistant or employee of the council who is a party to the communication is a council attorney or is working at the direction of a council attorney;
(2) the communication is given privately; and
(3) the communication is made in connection with the council attorney’s provision of legal advice or other legal services.
Terms Used In Texas Government Code 323.017
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) Information, advice, and opinions given privately by an assistant or employee of the council 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.
(d) 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.
(e) 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.