Tex. Civ. Practice & Remedies Code Section 140B.055
Petition for Order Modifying or Setting Aside Demand

(a)

At any time before the return date specified in a civil investigative demand or not later than the 30th day after the date the demand was served, whichever period is shorter, the person who has been served, and in the case of a demand for a product of discovery the person from whom the discovery was obtained, may file a petition for an order modifying or setting aside the demand in the district court in the county of the person’s residence or principal office or place of business or a district court of Travis County. The petition must specify each ground upon which the petitioner relies in seeking the relief sought. The petition may be based on any failure of a demand to comply with the provisions of this subchapter or on any constitutional or other legal right or privilege of the petitioner.

(b)

The petitioner shall serve a copy of the petition on the attorney general or local prosecutor, as applicable, in accordance with Section 140B.054 (Service; Proof of Service). The attorney general or local prosecutor may submit an answer to the petition.

(c)

In ruling on the petition under this section, the court shall presume absent evidence to the contrary that the attorney general or local prosecutor issued the demand in good faith and within the scope of the attorney general’s or local prosecutor’s authority.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.

Source: Section 140B.055 — Petition for Order Modifying or Setting Aside Demand, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­140B.­htm#140B.­055 (accessed May 18, 2024).

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Accessed:
May 18, 2024

§ 140B.055’s source at texas​.gov