88R15702 JTZ-D     By: Leach H.B. No. 1741     Substitute the following for H.B. No. 1741:     By:  Johnson of Dallas C.S.H.B. No. 1741       A BILL TO BE ENTITLED   AN ACT   relating to creating a criminal offense for the unauthorized   disclosure of non-public judicial opinions and judicial work   product.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 21, Government Code, is amended by   adding Section 21.013 to read as follows:          Sec. 21.013.  CONFIDENTIALITY OF JUDICIAL WORK PRODUCT;   CRIMINAL OFFENSE. (a) In this section:                (1)  "Judicial work product" means written,   electronic, or oral material prepared or communications made in the   course of an adjudicatory proceeding before a court determining   legal rights, powers, duties, or privileges. The term includes all   drafts of opinions or orders and memoranda of law.                (2)  "Non-public judicial work product" means:                      (A)  any written or electronic judicial work   product other than documents filed with the clerk of a court for   release to the public; or                      (B)  any oral statement relating to judicial work   product made in a closed session of a court or in judicial chambers.          (b)  This section applies to:                (1)  a court established under Section 1, Article V,   Texas Constitution, other than a commissioners court; and                (2)  a court subject to this subtitle.          (c)  A justice or judge of a court shall comply with supreme   court rules governing the confidentiality of non-public judicial   work product.          (d)  A person, other than a justice or judge, who is involved   in crafting an opinion or decision for an adjudicatory proceeding,   including a court staff attorney, court clerk, or law clerk, shall   maintain the confidentiality of all non-public judicial work   product in accordance with supreme court rules.          (e)  A person, other than a justice or judge, with access to   non-public judicial work product commits an offense if the person   knowingly discloses, wholly or partly, the contents of any   non-public judicial work product to a person who is not a justice,   judge, court staff attorney, court clerk, law clerk, employee of an   agency established under Chapter 71 or 72, or other court staff   routinely involved in crafting an opinion or decision for an   adjudicatory proceeding.          (f)  An offense under this section is a Class A misdemeanor.          (g)  It is a defense to prosecution under this section that   the disclosure of the non-public judicial work product is   authorized:                (1)  in writing by the justice or judge for whom the   work product is prepared; or                (2)  under supreme court rules.          SECTION 2.  As soon as practicable after the effective date   of this Act, the Texas Supreme Court shall adopt any rules necessary   to implement Section 21.013, Government Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2023.