Texas § 323.017 CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS.

Texas Statutes

§ 323.017 — CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS.

Texas § 323.017

Code GVGovernment Code

This text of Texas § 323.017 (CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Government Code Code Ann. § 323.017 (2026).

Text

Sec. 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 th

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 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.
(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.

Legislative History

Added by Acts 1987, 70th Leg., ch. 1053, Sec. 2, eff. June 20, 1987. Renumbered from Sec. 323.016 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(25), eff. Aug. 28, 1989. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 9.002, eff. Sept. 1, 2001. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1250 (H.B. 4181 ), Sec. 22, eff. June 14, 2019.