Texas Rules of Evidence

Article V · Privileges

Rule 505. Privilege For Communications to a Clergy Member

Effective July 2, 2026

Cite: Tex. R. Evid. 505

Definitions. In this rule:

A “clergy member” is a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization or someone whom a communicant reasonably believes is a clergy member.

A “communicant” is a person who consults a clergy member in the clergy member’s professional capacity as a spiritual adviser.

A communication is “confidential” if made privately and not intended for further disclosure except to other persons present to further the purpose of the communication.

General Rule. A communicant has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication by the communicant to a clergy member in the clergy member’s professional capacity as spiritual adviser.

Who May Claim. The privilege may be claimed by:

the communicant’s guardian or conservator; or

a deceased communicant’s personal representative.

The clergy member to whom the communication was made may claim the privilege on the communicant’s behalf—and is presumed to have authority to do so.