2022 Texas Statutes
Civil Practice and Remedies Code
Title 2 - Trial, Judgment, and Appeal
Subtitle B - Trial Matters
Chapter 30 - Miscellaneous Provisions
Section 30.006. Certain Law Enforcement Agency Records Not Subject to Discovery
Sec. 30.006. CERTAIN LAW ENFORCEMENT AGENCY RECORDS NOT SUBJECT TO DISCOVERY. (a) In this section, "law enforcement agency" means a governmental agency that employs a peace officer as defined under Article 2.12, Code of Criminal Procedure.
(b) This section does not apply to an action in which a law enforcement agency is a party.
(c) Except as provided by Subsection (d), a court in a civil action may not order discovery from a nonparty law enforcement agency of information, records, documents, evidentiary materials, and tangible things if:
(1) the information, records, documents, evidentiary materials, or tangible things deal with:
(A) the detection, investigation, or prosecution of crime; or
(B) an investigation by the nonparty law enforcement agency that does not result in conviction or deferred adjudication; and
(2) the release of the information, records, documents, evidentiary materials, or tangible things would interfere with the detection, investigation, or prosecution of criminal acts.
(d) On motion of a party, the court may order discovery from a nonparty law enforcement agency of information, records, documents, evidentiary materials, and tangible things described by Subsection (c) if the court determines, after in camera inspection, that:
(1) the discovery sought is relevant; and
(2) there is a specific need for the discovery.
(e) This section does not apply to:
(1) a report of an accident under Chapter 550, Transportation Code; and
(2) photographs, field measurements, scene drawings, and accident reconstruction done in conjunction with the investigation of the underlying accident.
Added by Acts 2007, 80th Leg., R.S., Ch. 679 (H.B. 1572), Sec. 1, eff. September 1, 2007.
