Sec. 30.006. CERTAIN LAW ENFORCEMENT AGENCY RECORDS NOT SUBJECT TO DISCOVERY. (a) In this section, "law enforcement agency" means a governmental agency that employs a peace officer as defined under Article 2.12, Code of Criminal Procedure.
(b) This section does not apply to an action in which a law enforcement agency is a party.
(c) Except as provided by Subsection (d), a court in a civil action may not order discovery from a nonparty law enforcement agency of information, records, documents, evidentiary materials, and tangible things if:
(1) the information, records, documents, evidentiary materials, or tangible things deal with:
(A) the detection, investigation, or prosecution of crime; or
(B) an investigation by the nonparty law enforcement agency that does not result in conviction or deferred adjudication; and
(2) the release of the information, records, documents, evidentiary materials, or tangible things would interfere with the detection, investigation, or prosecution of criminal acts.
(d) On motion of a party, the court may order discovery from a nonparty law enforcement agency of information, records, documents, evidentiary materials, and tangible things described by Subsection (c) if the court determines, after in camera inspection, that:
(1) the discovery sought is relevant; and
(2) there is a specific need for the discovery.
(e) This section does not apply to:
(1) a report of an accident under Chapter 550, Transportation Code; and
(2) photographs, field measurements, scene drawings, and accident reconstruction done in conjunction with the investigation of the underlying accident.
Added by Acts 2007, 80th Leg., R.S., Ch. 679 (H.B. 1572), Sec. 1, eff. September 1, 2007.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 2 - Trial, Judgment, and Appeal
Chapter 30 - Miscellaneous Provisions
Section 30.001. Instrument to Waive Service or Confess Judgment
Section 30.002. Expiration of Judge's Term; Death of Judge
Section 30.003. Legislative Continuance
Section 30.004. Notice to Attorney General for Certain Suits
Section 30.005. Religious Holy Day
Section 30.006. Certain Law Enforcement Agency Records Not Subject to Discovery
Section 30.007. Production of Financial Institution Records
Section 30.008. Demand for Jury Trial in Justice Court; Failure to Appear
Section 30.009. Mistrial in Justice Court or Municipal Court
Section 30.011. Electronic Subpoena Application
Section 30.012. Use of Communication Equipment in Certain Proceedings
Section 30.013. Confidential Identity in Actions Involving Sexual Abuse of a Minor
Section 30.014. Pleadings Must Contain Partial Identification Information
Section 30.015. Provision of Current Address of Party in Civil Action
Section 30.016. Recusal or Disqualification of Certain Judges
Section 30.017. Claims Against Certain Judges
Section 30.018. Court Clerk's Execution Docket
Section 30.021. Award of Attorney's Fees in Relation to Certain Motions to Dismiss
Section 30.022. Award of Attorney's Fees in Actions Challenging Abortion Laws