Sec. 36.158. ACCESS TO INFORMATION  


Latest version.
  • (a) A record or other evidence acquired under a subpoena under this subchapter is not a public record for the period the commissioner considers reasonably necessary to:

    (1) complete the investigation;

    (2) protect the person being investigated from unwarranted injury; or

    (3) serve the public interest.

    (b) The record or other evidence is not subject to a subpoena, other than a grand jury subpoena, until:

    (1) the record or other evidence is released for public inspection by the commissioner; or

    (2) after notice and a hearing, a district court determines that obeying the subpoena would not jeopardize the public interest and any investigation by the commissioner.

    (c) Except for good cause, a district court order under Subsection (b) may not apply to:

    (1) a record or communication received from another law enforcement or regulatory agency; or

    (2) the internal notes, memoranda, reports, or communications made in connection with a matter that the commissioner has the authority to consider or investigate.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.