EATTOWNEY GENERAL 

OIFTEX.~~~ 

February 26, 1968 

Honorable Richard H. Cory 

Chairman, State Affairs Committee 

Texas House of Representatives 

Capitol Station 

Austin, Texas 78711 

Opinion No. M-206 

Re: Immunity from prosecution for criminal acts 

resulting from persons 

testifying before a SubCommittee of the House 

Dear Mr. Cory: State Affairs Committtie. 

In your recent opinion request concerning the above captioned 

matter, you asked whether a witness appearing before a legislative subcommittee, voluntarily invited or subpoenaed, who testifies concerning 

any unlawful acts in which he is implicated, would gain immunity from 

criminal prosecution if he so testifies without being under oath. You also 

asked whether the answer would be any different in case the witness was 

under oath at the time of his testimony, such oath being administered by 

the Chairman of the Committee or a Notary Public of the County of the 

hearing, and/or if such witness appears and so testifies in response to 

a subpoena. 

First, we assume that the cwnmittee or sub-committee referred 

to by you is one duly authorized by statute and created by a House of the 

Legislature with a quorum present. 

Generally, immunity from criminal prosecution is a concept which 

was unknown in common law and which is afforded only by virtue of either 

the Constitution or statutes. Neither the United States Constitution nor the 

Texas Constitution provide for immunity as such, but only give a witness 

the unqualified right to refuse to incriminate himself by testifying. 

The Texas Legislature has provided by statute for immunity for 

witnesses required to testify over their objection before Legislative Committees. In Section 13 of Article 5429f. Vernon’s Civil Statutes, an Act 

known as the “Legislative Reorganization Act of 1961, ‘I it is provided that 

a witness who refuses to testify to any fact or to produce any papers upon 

examination by either House of the Legislature, or by any Comiilittee of any 

House, upon the ground that such would incriminate or tend to incriminate 

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Honorable Richard H. Cory, page 2, (M-206) 

him, shall nevertheless be required to testify and produce papers, but when 

so required, over his said objections, such person shall not be subject to 

indictment or prosecution by the State of Texas for any transaction, matter 

or thing concerning which he truthfully testifies or produces evidence, documentary or otherwise. This statute has been upheld. Ferrantello v, State, 

158 Tex. Crim. R 471, 256 S. W. 2d 587,!1953). 

,$ :I 

In view of the foregoing, it is our opinion, under the circumstances 

posed in your questions, that before such witness would be entitled to the 

immunity from prosecution afforded by Section 13 of Article 5429f, he would 

first have to refuse to testify, in response to a question put to him by such 

committee, on the ground that such testimony or production of papers would : 

incriminate or tend to incriminate him. Then if an answer to such question 

was insisted upon by the committee, such witness would gain immunity from 

state prosecution concerning the matter or thing about which he truthfully 

testifies or produces evidence thereon. 

The foregoing is true as to such witness whether under oath or under 

waiver thereof as provided in Section 11 of said Article 5429f. While subpoenas are authorized for the production of witnesses in such cases, it is 

not considered that they are necessary in all cases; and consequently whether 

such witness appea~rs voluntarily, is invited, or is subpoenaed, these facts 

would not change the foregoing answer. Howeve.r; in order for the answer 

given by the witness who is required to testify on subjects over his objections 

to invoke immunity, it must appear that the answer is truthful as to the matter 

inquired about. Answers given by him that are unresponsive would not invoke 

immunity concerning the matter testified about, being not in issue and not 

required by the committee or the House conducting the investigation. 

SUMMARY 

A witness appearing before a duly constituted and 

authorized sub-committee of the House State Affairs Committee. eithervoluntarily, invited or subpoenaed will gain 

immunity from state criminal prosecution concerning any 

unlawful acts about which he is required to testify over his 

objection, whether his testimony be under oath, or such 

oath is waived by the sub-committee. 
Honorable Richard I-I. Cory, page 3, (M-206) 

Unresponsive answers afford the witness no 

immunity. 

eneral of Texas 

Prepared by R. L. (Bob) Lattimore 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

Roger Tyler 

Robert Owen 

John Banks 

Harold Kennedy 

Lenny Zwien~er 

., ~.~, ~.~ 

A. J. CARUBBI, JR. 

Executive Assistant 

., 

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