Texas Senate bill by Sen. Bettencourt allows attorney general to assert legislative privilege in legal challenges

Passed bill authored by State Sen. Paul Bettencourt seeks to enable the attorney general to assert legislative privilege on behalf of the state or officials during legal challenges to state statutes, aiming to clarify authority in such proceedings, according to the Texas Legislature website.

In the Senate, one Democrats and 20 Republicans voted in favor of the bill, while 10 Democrats opposed it.

Meanwhile, in the House, four Democrats and 82 Republicans voted in favor, while 52 Democrats voted against it.

Paul Bettencourt introduced the bill in the Texas Senate on Wednesday, Feb. 19, during the 89th regular legislative session.

Bettencourt graduated from Texas A&M University with a BS.

Bettencourt, a Republican, was elected to the Texas State Senate in 2015 to represent the state’s 7th Senate district, replacing previous state senator Dan Patrick.

According to the Texas Legislature, the bill’s official text was summarized as follows: ‘Relating to the assertion of legislative privilege by the attorney general in certain legal challenges to the constitutionality of state statutes’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, the bill modifies Section 402.010 of the Texas Government Code to allow the attorney general to assert legislative privilege on behalf of the state, a state agency, or an official during legal proceedings challenging the constitutionality of state statutes, provided there is no conflict with their representation. The attorney general must submit evidence of representation within 30 days of claiming the privilege to establish authority for such assertion. This authority is not exclusive and does not restrict others from asserting legislative privilege. The act is effective Sept. 1, 2025.

The bill received its final legislative approval on Wednesday, May 28, and was signed into law by Gov. Greg Abbott on Friday, June 20.

Bills in Texas go through a multi-step legislative process, including committee review, debates, and votes in both chambers before reaching a final decision. Each session, there are typically thousands of bills introduced, but only a portion successfully navigate the process to become law.

You can read more about the bills and other measures here.