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§ 140B.056.Compliance with Demand

Title 6. Miscellaneous Provisions · Chapter 140B. Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection · Subchapter B. Civil Investigative Authority · Last amended 2023 · Last verified August 29, 2026

In one sentenceSection 140B.056 requires compliance unless a court says otherwise, and stops the clock during a petition only for the parts challenged.

Full Text of § 140B.056

Text sizeJump to: (a) (b)

(a)A person on whom a civil investigative demand is served under this subchapter shall comply with the terms of the demand unless otherwise provided by court order.
(b)The time for compliance with the demand wholly or partly does not run during the pendency of any petition filed under Section 140B.055, provided that the petitioner shall comply with any portions of the demand not sought to be modified or set aside.
End

Plain-English Summary

Two rules governing the interval between a demand and a ruling on it.

A person served shall comply with the terms of the demand unless otherwise provided by court order.

Self-help is unavailable. A recipient who thinks the demand improper has one remedy, and it is the petition; disregarding the demand leads to an enforcement petition and, past that, contempt.

The time for compliance does not run during the pendency of a petitionwholly or partlyprovided that the petitioner complies with any portions not sought to be modified or set aside.

"Wholly or partly" is the phrase to read carefully. The suspension matches the challenge. Object to six requests out of fifty and the clock stops on six; the other forty-four are due when the demand says.

That has a practical consequence for how a petition is drafted. A recipient who needs time on everything must find a ground reaching the whole demand, and must hold it against the good-faith presumption.

It also means partial compliance is the normal posture. A petitioner is producing documents and contesting the demand at the same time, which is why the specificity requirements matter — a recipient has to know which requests are which.

Under this chapter the section carries an added burden. Nothing coordinates demands issued by different offices, so a business could face demands from two prosecutors at once, each with its own return date, and this section requires compliance with both.

Frequently Asked Questions

Can a demand be ignored while it is challenged?

No. Compliance is required unless a court orders otherwise.

Does a petition suspend the whole demand?

Only the portions challenged. The rest remains due on the original date.

What if two offices issue demands?

Nothing in the subchapter coordinates them, so each must be complied with on its own terms.

Amendment History

  • Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
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