Texas Statutes
Subchapter C. General Subpoena Powers; Witnesses and Production of Records
Section 36.158. Access to Information

Sec. 36.158. ACCESS TO INFORMATION. (a) A record or other evidence acquired under a subpoena under this subchapter or in response to a request for information under Section 101.104 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.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 2, eff. September 1, 2021.

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