Bill > SB2417

This bill modifies the Texas Free Enterprise and Antitrust Act of 1983 by adding two key provisions that enhance the attorney general's investigative and legal powers. First, the bill establishes that interview notes and memoranda created during an antitrust investigation are considered confidential attorney work product, protected from public disclosure under open records laws. These notes reflect the attorney general's mental impressions and are exempt from discovery requests if a lawsuit is subsequently filed. Second, the bill clarifies that in legal actions brought by the attorney general, the attorney general is the sole party for discovery purposes and is deemed to lack possession or control over documents held by legislative members, state officers, agencies, or institutions. This effectively limits the scope of potential document discovery in antitrust cases. The provisions aim to protect the confidentiality of investigative processes and provide the attorney general with greater flexibility in conducting antitrust investigations. The bill is set to take effect on September 1, 2025.

Government Affairs, Justice

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2417