S.B. No. 372
  relating to creating a criminal offense for the unauthorized
  disclosure of non-public judicial opinions and judicial work
         SECTION 1.  Chapter 21, Government Code, is amended by
  adding Section 21.013 to read as follows:
  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
               (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.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 372 passed the Senate on
  March 8, 2023, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 372 passed the House on
  May 19, 2023, by the following vote:  Yeas 142, Nays 1, two
  present not voting.
  Chief Clerk of the House