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§ 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

In one sentenceSection 140A.062 exempts everything gathered under a demand from public records law, discovery and subpoena, subject to seven listed disclosures.

Full Text of § 140A.062

Text sizeJump to: (a) (b) (c)

(a)The civil investigative demand issued by the attorney general, any information obtained, maintained, or created in response to the demand, or any documentary material, product of discovery, or other record derived or created during an investigation from the information, is not subject to disclosure under Chapter 552, Government Code, and is not subject to disclosure, discovery, subpoena, or other means of legal compulsion for the release, except as described in Subsections (b) and (c).
(b)The attorney general may not release or disclose information that is obtained in response to a demand or any documentary material, product of discovery, or other record derived from the information except:
(1)by court order for good cause shown;
(2)with the consent of the person who provided the information to the attorney general;
(3)to an employee or other person under the direction of the attorney general;
(4)to an agency of this state, the United States, or another state or foreign country;
(5)to any party or person in accordance with Sections 140A.107 and 140A.108;
(6)to a political subdivision of this state; or
(7)to a person authorized by the attorney general to receive the information.
(c)The attorney general may use information obtained in response to a demand, or any documentary material, product of discovery, or other record derived or created from the information as the attorney general determines necessary in the enforcement of this chapter, including presentation before court.
End

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.
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