Tex. Gov't Code Section 552.108
Exception: Certain Law Enforcement, Corrections, and Prosecutorial Information


(a)

Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of Section 552.021 (Availability of Public Information) if:

(1)

release of the information would interfere with the detection, investigation, or prosecution of crime;

(2)

it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication;

(3)

it is information relating to a threat against a peace officer or detention officer collected or disseminated under Section 411.048 (Threats Against Peace Officers and Detention Officers); or

(4)

it is information that:

(A)

is prepared by an attorney representing the state in anticipation of or in the course of preparing for criminal litigation; or

(B)

reflects the mental impressions or legal reasoning of an attorney representing the state.

(b)

An internal record or notation of a law enforcement agency or prosecutor that is maintained for internal use in matters relating to law enforcement or prosecution is excepted from the requirements of Section 552.021 (Availability of Public Information) if:

(1)

release of the internal record or notation would interfere with law enforcement or prosecution;

(2)

the internal record or notation relates to law enforcement only in relation to an investigation that did not result in conviction or deferred adjudication; or

(3)

the internal record or notation:

(A)

is prepared by an attorney representing the state in anticipation of or in the course of preparing for criminal litigation; or

(B)

reflects the mental impressions or legal reasoning of an attorney representing the state.

(c)

This section does not except from the requirements of Section 552.021 (Availability of Public Information) information that is basic information about an arrested person, an arrest, or a crime. A governmental body shall promptly release basic information responsive to a request made under this chapter unless the governmental body seeks to withhold the information as provided by another provision of this chapter, and regardless of whether the governmental body requests an attorney general decision under Subchapter G regarding other information subject to the request.

(d)

The exception to disclosure provided by Subsection (a)(2) does not apply to information, records, or notations if:

(1)

a person who is described by or depicted in the information, record, or notation, other than a peace officer, is deceased or incapacitated; or

(2)

each person who is described by or depicted in the information, record, or notation, other than a person who is deceased or incapacitated, consents to the release of the information, record, or notation.

(d)

Notwithstanding other law, a prosecutor may permit a person to view the following evidence of a crime that resulted in the death of a person and that occurred in the prosecutor’s jurisdiction:

(1)

a medical examiner’s report, if the person viewing the report is a family member of the person who is the subject of the report and the person who is the subject of the report was a victim of the crime; and

(2)

video evidence of the crime, if the person viewing the video is a victim of the crime or a family member of a victim of the crime.

(e)

A person permitted to view a medical examiner’s report or video evidence under Subsection (d) may not duplicate, record, capture, or otherwise memorialize the information. A prosecutor may require a person to sign a confidentiality agreement before permitting the person to view the information.

(f)

A permitted viewing of a medical examiner’s report or video evidence under Subsection (d) is not a voluntary disclosure of information for purposes of Section 552.007 (Voluntary Disclosure of Certain Information When Disclosure Not Required)(b). A governmental body, by providing information under Subsection (d) that is confidential or otherwise excepted from required disclosure under law, does not waive or affect the confidentiality of the information for purposes of state or federal law or waive the right to assert exceptions to required disclosure of the information in the future.

(g)

Subsection (d) does not affect:

(1)

the right of a person to obtain a medical examiner’s report or video evidence of a crime from a governmental body under other law;

(2)

the procedures under which the information is obtained under other law; or

(3)

the use that may be made of the information obtained under other law.

(h)

In this section:

(1)

“Family member” means a person related to a victim of a crime within the first degree of consanguinity or affinity.

(2)

“Medical examiner’s report” means a report and the contents of such a report created by a medical examiner under Article 49.25 (Medical Examiners), Code of Criminal Procedure, including an autopsy report and toxicology report. The term does not include a photograph or medical image contained in a report.

(3)

“Victim” means an individual who suffered personal injury or death as a result of criminal conduct.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 474, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 557 (H.B. 1262), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 557 (H.B. 1262), Sec. 4, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 195 (S.B. 435), Sec. 1, eff. May 24, 2023.
Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033), Sec. 4, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 986 (H.B. 30), Sec. 1, eff. September 1, 2023.

Source: Section 552.108 — Exception: Certain Law Enforcement, Corrections, and Prosecutorial Information, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­552.­htm#552.­108 (accessed Mar. 23, 2024).

552.001
Policy
552.002
Definition of Public Information
552.003
Definitions
552.004
Preservation of Information
552.005
Effect of Chapter on Scope of Civil Discovery
552.006
Effect of Chapter on Withholding Public Information
552.007
Voluntary Disclosure of Certain Information When Disclosure Not Required
552.008
Information for Legislative Purposes
552.009
Open Records Steering Committee: Advice to Attorney General
552.010
State Governmental Bodies: Fiscal and Other Information Relating to Making Information Accessible
552.011
Uniformity
552.012
Open Records Training
552.021
Availability of Public Information
552.022
Categories of Public Information
552.023
Special Right of Access to Confidential Information
552.024
Electing to Disclose Address and Telephone Number
552.025
Tax Rulings and Opinions
552.026
Education Records
552.027
Exception: Information Available Commercially
552.028
Request for Information from Incarcerated Individual
552.029
Right of Access to Certain Information Relating to Inmate of Department of Criminal Justice
552.0031
Business Days
552.0035
Access to Information of Judiciary
552.0036
Certain Property Owners’ Associations Subject to Law
552.0038
Public Retirement Systems Subject to Law
552.0055
Subpoena Duces Tecum or Discovery Request
552.101
Exception: Confidential Information
552.102
Exception: Confidentiality of Certain Personnel Information
552.103
Exception: Litigation or Settlement Negotiations Involving the State or a Political Subdivision
552.104
Exception: Information Related to Competition or Bidding
552.105
Exception: Information Related to Location or Price of Property
552.106
Exception: Certain Legislative Documents
552.107
Exception: Certain Legal Matters
552.108
Exception: Certain Law Enforcement, Corrections, and Prosecutorial Information
552.109
Exception: Confidentiality of Certain Private Communications of an Elected Office Holder
552.110
Exception: Confidentiality of Trade Secrets
552.111
Exception: Agency Memoranda
552.112
Exception: Certain Information Relating to Regulation of Financial Institutions or Securities
552.113
Exception: Confidentiality of Geological or Geophysical Information
552.114
Exception: Confidentiality of Student Records
552.115
Exception: Confidentiality of Birth and Death Records
552.116
Exception: Audit Working Papers
552.117
Exception: Confidentiality of Certain Addresses, Telephone Numbers, Social Security Numbers, and Personal Family Information
552.118
Exception: Confidentiality of Official Prescription Program Information
552.119
Exception: Confidentiality of Certain Photographs of Peace Officers
552.120
Exception: Confidentiality of Certain Rare Books and Original Manuscripts
552.121
Exception: Confidentiality of Certain Documents Held for Historical Research
552.122
Exception: Test Items
552.123
Exception: Confidentiality of Name of Applicant for Chief Executive Officer of Institution of Higher Education
552.124
Exception: Confidentiality of Records of Library or Library System
552.125
Exception: Certain Audits
552.126
Exception: Confidentiality of Name of Applicant for Superintendent of Public School District
552.127
Exception: Confidentiality of Personal Information Relating to Participants in Neighborhood Crime Watch Organization
552.128
Exception: Confidentiality of Certain Information Submitted by Potential Vendor or Contractor
552.129
Confidentiality of Certain Motor Vehicle Inspection Information
552.130
Exception: Confidentiality of Certain Motor Vehicle Records
552.131
Exception: Confidentiality of Certain Economic Development Information
552.132
Confidentiality of Crime Victim or Claimant Information
552.133
Exception: Confidentiality of Public Power Utility Competitive Matters
552.134
Exception: Confidentiality of Certain Information Relating to Inmate of Department of Criminal Justice
552.135
Exception: Confidentiality of Certain Information Held by School District
552.136
Confidentiality of Credit Card, Debit Card, Charge Card, and Access Device Numbers
552.137
Confidentiality of Certain E-mail Addresses
552.138
Exception: Confidentiality of Family Violence Shelter Center, Victims of Trafficking Shelter Center, and Sexual Assault Program Information
552.139
Exception: Confidentiality of Government Information Related to Security or Infrastructure Issues for Computers
552.140
Exception: Confidentiality of Military Discharge Records
552.141
Confidentiality of Information in Application for Marriage License
552.142
Exception: Confidentiality of Records Subject to Order of Nondisclosure
552.143
Confidentiality of Certain Investment Information
552.144
Exception: Working Papers and Electronic Communications of Administrative Law Judges at State Office of Administrative Hearings
552.145
Exception: Confidentiality of Texas No-call List
552.146
Exception: Certain Communications with Assistant or Employee of Legislative Budget Board
552.147
Social Security Numbers
552.148
Exception: Confidentiality of Certain Personal Information Maintained by Municipality Pertaining to a Minor
552.149
Exception: Confidentiality of Records of Comptroller or Appraisal District Received from Private Entity
552.150
Exception: Confidentiality of Information that Could Compromise Safety of Officer or Employee of Hospital District
552.151
Exception: Confidentiality of Information Regarding Select Agents
552.152
Exception: Confidentiality of Information Concerning Public Employee or Officer Personal Safety
552.153
Proprietary Records and Trade Secrets Involved in Certain Partnerships
552.154
Exception: Name of Applicant for Executive Director, Chief Investment Officer, or Chief Audit Executive of Teacher Retirement System of Texas
552.155
Exception: Confidentiality of Certain Property Tax Appraisal Photographs
552.156
Exception: Confidentiality of Continuity of Operations Plan
552.158
Exception: Confidentiality of Personal Information Regarding Applicant for Appointment by Governor
552.159
Exception: Confidentiality of Certain Work Schedules
552.160
Confidentiality of Personal Information of Applicant for Disaster Recovery Funds
552.161
Exception: Certain Personal Information Obtained by Flood Control District
552.162
Exception: Confidentiality of Certain Information Provided by Out-of-state Health Care Provider
552.163
Exception: Confidentiality of Certain Attorney General Settlement Negotiations
552.201
Identity of Officer for Public Information
552.202
Department Heads
552.203
General Duties of Officer for Public Information
552.204
Scope of Responsibility of Officer for Public Information
552.205
Informing Public of Basic Rights and Responsibilities Under This Chapter
552.0221
Employee or Trustee of Public Employee Pension System
552.221
Application for Public Information
552.0222
Disclosure of Contracting Information
552.222
Permissible Inquiry by Governmental Body to Requestor
552.223
Uniform Treatment of Requests for Information
552.224
Comfort and Facility
552.0225
Right of Access to Investment Information
552.225
Time for Examination
552.226
Removal of Original Record
552.227
Research of State Library Holdings Not Required
552.228
Providing Suitable Copy of Public Information Within Reasonable Time
552.229
Consent to Release Information Under Special Right of Access
552.230
Rules of Procedure for Inspection and Copying of Public Information
552.231
Responding to Requests for Information that Require Programming or Manipulation of Data
552.232
Responding to Repetitious or Redundant Requests
552.233
Ownership of Public Information
552.234
Method of Making Written Request for Public Information
552.235
Public Information Request Form
552.261
Charge for Providing Copies of Public Information
552.262
Rules of the Attorney General
552.263
Bond for Payment of Costs or Cash Prepayment for Preparation of Copy of Public Information
552.264
Copy of Public Information Requested by Member of Legislature
552.265
Charge for Paper Copy Provided by District or County Clerk
552.266
Charge for Copy of Public Information Provided by Municipal Court Clerk
552.267
Waiver or Reduction of Charge for Providing Copy of Public Information
552.268
Efficient Use of Public Resources
552.269
Overcharge or Overpayment for Copy of Public Information
552.270
Charge for Government Publication
552.271
Inspection of Public Information in Paper Record if Copy Not Requested
552.272
Inspection of Electronic Record if Copy Not Requested
552.274
Report by Attorney General on Cost of Copies
552.275
Requests that Require Large Amounts of Employee or Personnel Time
552.301
Request for Attorney General Decision
552.302
Failure to Make Timely Request for Attorney General Decision
552.303
Delivery of Requested Information to Attorney General
552.304
Submission of Public Comments
552.305
Information Involving Privacy or Property Interests of Third Party
552.306
Rendition of Attorney General Decision
552.307
Special Right of Access
552.308
Timeliness of Action by United States Mail, Interagency Mail, or Common or Contract Carrier
552.309
Timeliness of Action by Electronic Submission
552.310
Searchable Database
552.321
Suit for Writ of Mandamus
552.322
Discovery of Information Under Protective Order Pending Final Determination
552.323
Assessment of Costs of Litigation and Reasonable Attorney Fees
552.324
Suit by Governmental Body
552.325
Parties to Suit Seeking to Withhold Information
552.326
Failure to Raise Exceptions Before Attorney General
552.327
Dismissal of Suit Due to Requestor’s Withdrawal or Abandonment of Request
552.351
Destruction, Removal, or Alteration of Public Information
552.352
Distribution or Misuse of Confidential Information
552.353
Failure or Refusal of Officer for Public Information to Provide Access to or Copying of Public Information
552.371
Certain Entities Required to Provide Contracting Information to Governmental Body in Connection with Request
552.372
Bids and Contracts
552.373
Noncompliance with Provision of Subchapter
552.374
Termination of Contract for Noncompliance
552.375
Other Contract Provisions
552.376
Cause of Action Not Created
552.1081
Exception: Confidentiality of Certain Information Regarding Execution of Convict
552.1085
Confidentiality of Sensitive Crime Scene Image
552.1101
Exception: Confidentiality of Proprietary Information
552.1175
Exception: Confidentiality of Certain Personal Identifying Information of Peace Officers and Other Officials Performing Sensitive Governmental Functions
552.1176
Confidentiality of Certain Information Maintained by State Bar
552.1177
Exception: Confidentiality of Certain Information Related to Humane Disposition of Animal
552.1235
Exception: Confidentiality of Identity of Private Donor to Institution of Higher Education
552.1315
Exception: Confidentiality of Certain Crime Victim Records
552.1325
Crime Victim Impact Statement: Certain Information Confidential
552.1331
Exception: Certain Government-operated Utility Customer Information
552.1345
Exception: Confidentiality of Certain Information Relating to Civilly Committed Sexually Violent Predators
552.1425
Civil Penalty: Dissemination of Certain Criminal History Information
552.2211
Production of Public Information When Administrative Offices Closed
552.2325
Temporary Suspension of Requirements for Governmental Body Impacted by Catastrophe
552.2615
Required Itemized Estimate of Charges
552.2661
Charge for Copy of Public Information Provided by School District
552.3031
Electronic Submission of Request for Attorney General Decision
552.3035
Disclosure of Requested Information by Attorney General
552.3215
Declaratory Judgment or Injunctive Relief
552.3221
In Camera Inspection of Information
552.11765
Confidentiality of Certain Information Maintained by State Licensing Authority

Accessed:
Mar. 23, 2024

§ 552.108’s source at texas​.gov