Tex.
Civ. Practice & Remedies Code Section 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 (Who Are Peace Officers), Code of Criminal Procedure.(a)
In this section, “law enforcement agency” means a governmental agency that employs a peace officer as defined by Article 2A.001 (Peace Officers Generally), 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 a collision under Chapter 550 (Collisions and Collision Reports), Transportation Code; and(2)
photographs, field measurements, scene drawings, and collision reconstruction done in conjunction with the investigation of the underlying collision.
Source:
Section 30.006 — Certain Law Enforcement Agency Records Not Subject to Discovery, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.30.htm#30.006 (accessed May 4, 2024).
