Sec. 672.009. USE OF INFORMATION AND RECORDS; CONFIDENTIALITY. (a) Information and records acquired by a review team in the exercise of its purpose and duties under this chapter are confidential and exempt from disclosure under the open records law, Chapter 552, Government Code, and may only be disclosed as necessary to carry out the review team's purpose and duties.
(b) A report of a review team or a statistical compilation of data reports is a public record subject to the open records law, Chapter 552, Government Code, as if the review team were a governmental body under that chapter, if the report or statistical compilation does not contain any information that would permit the identification of an individual and is not otherwise confidential or privileged.
(c) A member of a review team may not disclose any information that is confidential under this section.
(d) A person commits an offense if the person discloses information made confidential by this section. An offense under this subsection is a Class A misdemeanor.
(e) Information, documents, and records that are confidential as provided by this section are not subject to subpoena or discovery and may not be introduced into evidence in any civil or criminal proceeding. A document or other information that is otherwise available from another source is not protected from subpoena, discovery, or introduction into evidence under this subsection solely because the document or information was acquired by a review team in the exercise of its duties under this chapter.
Added by Acts 2001, 77th Leg., ch. 1486, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 268 (H.B. 3303), Sec. 1, eff. September 1, 2009.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Chapter 672 - Adult Fatality Review and Investigation
Section 672.002. Establishment of Review Team
Section 672.003. Purpose and Powers of Review Team
Section 672.004. Duties of Presiding Officer
Section 672.005. Review Procedure
Section 672.006. Access to Information
Section 672.007. Meeting of Review Team
Section 672.009. Use of Information and Records; Confidentiality
Section 672.010. Civil Liability for Disclosure of Information
Section 672.011. Governmental Unit