Bill would protect attorney general interview notes from discovery in enforcement cases
Summary
Senators heard SB 2417, which would exempt attorney interview notes and memoranda created during antitrust investigations from discovery and designate the attorney general as the sole party for discovery purposes. Sponsor said the change would reduce costly discovery requests experienced in recent litigation.
Senators considered Senate Bill 2417, a measure to limit discovery of attorney interview notes and to make the attorney general the sole party for discovery in enforcement litigation under the Texas Free Enterprise and Antitrust Act.
"SB 2417 mitigates costly discovery requests by establishing: 1) investigatory notes and memorandum taken during interviews are attorney work product exempt from disclosure, and 2) the attorney general is the sole party for purposes of discovery in litigation enforcement proceedings," said the bill sponsor, Senator King, who described the change as a response to burdensome discovery in recent Google ad‑tech antitrust litigation.
The sponsor said the legislature's current statutory language lacks explicit protections for attorney interview notes and does not designate the attorney general as the sole discovery party, which exposed the office to broad discovery demands. No public witnesses registered to speak on the bill; the chair closed public testimony and left the bill pending for further consideration.
Committee members asked procedural questions but did not take a vote at the hearing.
