Tex. R. Evid. 513

As amended through November 19, 2024
Rule 513 - Comment On or Inference From a Privilege Claim; Instruction
(a) Comment or Inference Not Permitted. Except as permitted in Rule 504(b)(2), neither the court nor counsel may comment on a privilege claim-whether made in the present proceeding or previously-and the factfinder may not draw an inference from the claim.
(b) Claiming Privilege Without the Jury's Knowledge. To the extent practicable, the court must conduct a jury trial so that the making of a privilege claim is not suggested to the jury by any means.
(c) Claim of Privilege Against Self-Incrimination in a Civil Case. Subdivisions (a) and (b) do not apply to a party's claim, in the present civil case, of the privilege against self-incrimination.
(d) Jury Instruction. When this rule forbids a jury from drawing an inference from a privilege claim, the court must, on request of a party against whom the jury might draw the inference, instruct the jury accordingly.

Tex. R. Evid. 513

Comment to 1998 change: Subdivision (d) regarding a party's entitlement to a jury instruction about a claim of privilege is made applicable to civil cases.