§ 28.004.Withholding Disclosure Prohibited
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 28. Actions Regarding Activities of United States Defense Contractors · Last amended 2025 · Last verified August 29, 2026
Full Text of § 28.004
Plain-English Summary
An unusually absolute provision, and it removes the objections a party would ordinarily raise.
A required disclosure may not be delayed, excluded, or withheld for any reason, including because of a claim the information is privileged or otherwise exempted from disclosure.
"For any reason" and "including privilege" are both doing work. Litigation funding arrangements often run through counsel and are commonly asserted to be work product or covered by the attorney-client privilege. The section forecloses that argument by name.
Subsection (b) closes the protective order route: a court may not grant a motion by a claimant to limit the disclosure of proprietary or confidential information related to the money or funding sources.
So the two subsections between them remove both ways such information is ordinarily shielded — withholding it as privileged, and producing it under seal. Read with the requirement that the disclosure be filed with the court, the design is evidently that the funding be a matter of public record.
Note the asymmetry in subsection (b): it bars a motion by a claimant. The prohibition is directed at the party making the disclosure, not at anyone else.
Frequently Asked Questions
Can funding information be withheld as privileged?
No. The disclosure may not be delayed, excluded, or withheld for any reason, including a claim of privilege or exemption.
Can it be produced under seal?
No. A court may not grant a claimant's motion to limit disclosure of proprietary or confidential information related to the funding.
Who does the protective order bar apply to?
It bars a motion by a claimant. The prohibition is directed at the disclosing party.
Amendment History
- Added by Acts 2025, 89th Leg., R.S., Ch. 223 (H.B. 2884), Sec. 1, eff. May 28, 2025.