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§ 140A.051.Definitions

Title 6. Miscellaneous Provisions · Chapter 140A. Civil Racketeering Related to Trafficking of Persons · Subchapter B. Procedures and Evidence · Last amended 2017 · Last verified August 29, 2026

In one sentenceSection 140A.051 defines the investigative terms, drawing documentary material broadly enough to include data compilations and material already produced in other litigation.

Full Text of § 140A.051

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In this subchapter:
(1)"Civil investigative demand" means any demand issued by the attorney general under this subchapter.
(2)"Documentary material" means the original or a copy of any paper, contract, agreement, book, booklet, brochure, pamphlet, catalog, magazine, notice, announcement, circular, bulletin, instruction, minutes, agenda, study, analysis, report, graph, map, chart, table, schedule, note, letter, telegram, telephone recordings, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret the data compilations, and any product of discovery.
(3)"Person" has the meaning assigned by Section 311.005, Government Code.
(4)"Product of discovery" means:
(A)the original or a copy of a deposition, interrogatory, document, thing, result of inspection of land or other property, examination, or admission that is obtained by any method of discovery in a judicial or administrative proceeding of an adversarial nature;
(B)a digest, analysis, selection, compilation, or derivation of any item listed in Paragraph (A); and
(C)an index, instruction, or other aid or means of access to any item listed in Paragraph (A).
(5)"Racketeering investigation" means any inquiry conducted by the attorney general for the purpose of ascertaining whether any person is or has been engaged in or is actively preparing to engage in activities that may constitute a racketeering violation.
(6)"Racketeering violation" means any act or omission in violation of any of the prohibitions in Section 140A.002.
End

Plain-English Summary

Six definitions for the investigative subchapter, and two of them do real work.

"Documentary material" runs through more than thirty listed items — paper, contract, book, brochure, catalog, notice, minutes, agenda, study, analysis, report, graph, map, chart, note, letter, telegram, telephone recordings, and data compilations stored in or accessible through computer or other information retrieval systems.

The last limb is the one that matters, and it carries a rider: data compilations come together with instructions and all other materials necessary to use or interpret them.

A database is useless without its schema. The definition takes the key with the lock.

"Accessible through" is broader than "stored in", and it reaches material a person can retrieve rather than only what sits on their own systems.

"Product of discovery" is the more unusual inclusion. It covers a deposition, interrogatory, document, thing, inspection result, examination or admission obtained by any method of discovery in a judicial or administrative proceeding of an adversarial nature — along with any digest, analysis, selection, compilation, or derivation of it, and any index, instruction, or other aid or means of access.

So the attorney general can demand what a person already gathered in someone else’s lawsuit, and the work product built on it.

The remaining three are narrower. A "racketeering investigation" asks whether a person is or has been engaged in or is actively preparing to engage in qualifying activity; a "racketeering violation" is an act or omission violating the chapter’s single prohibition; and "person" takes its meaning from the Code Construction Act.

Frequently Asked Questions

What counts as documentary material?

More than thirty listed categories, including telephone recordings and data compilations — together with the instructions needed to interpret them.

Can the attorney general demand material from another lawsuit?

Yes. "Product of discovery" covers material obtained by any discovery method in an adversarial judicial or administrative proceeding, and analyses built on it.

How early can an investigation begin?

A racketeering investigation may ask whether a person is actively preparing to engage in the activity, not only whether they already have.

Amendment History

  • Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source