§ 140A.062.Disclosure and Use of Material and Information
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
Full Text of § 140A.062
Plain-English Summary
The confidentiality provision, and it is broad in both directions.
Subsection (a) covers the demand itself, any information obtained, maintained, or created in response to it, and any documentary material, product of discovery, or other record derived or created during an investigation from that information.
All of it is not subject to disclosure under the Public Information Act and not subject to disclosure, discovery, subpoena, or other means of legal compulsion.
Naming discovery and subpoena separately is what makes this effective. Exempting material from the public records law alone would leave it reachable by a litigant in another case; this closes that route too.
The demand itself is confidential, so the existence of an investigation is not public.
Subsection (b) then lists seven exceptions: by court order for good cause shown; with the consent of the person who provided the information; to an employee or person under the attorney general’s direction; to an agency of this state, the United States, another state, or a foreign country; to any party or person in accordance with the local-prosecutor notice and coordination sections; to a political subdivision; or to a person authorized by the attorney general.
The fifth is what makes the coordination scheme work — a local prosecutor cannot be told about an investigation without an exception permitting it.
The last is the widest, since the attorney general authorizes the recipient, and it sits oddly beside the first two.
Subsection (c) permits use rather than disclosure: the attorney general may use the material as determined necessary in the enforcement of this chapter, including presentation before court.
Frequently Asked Questions
Is material gathered under a demand public?
No. It is exempt from the Public Information Act and from disclosure, discovery, subpoena or other legal compulsion.
Can a litigant in another case subpoena it?
No. Discovery and subpoena are named separately from the public records exemption, closing that route.
When can it be disclosed?
Through seven exceptions, including a court order for good cause, the provider’s consent, other government agencies, and the local prosecutor coordination provisions.
Amendment History
- Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.