Tex.
Gov't Code Section 571.140
Confidentiality; Offense
(a)
Except as provided by Subsection (b) or (b-1) or by Section 571.171 (Initiation and Referral), proceedings at a preliminary review hearing performed by the commission, a sworn complaint, and documents and any additional evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint or motion are confidential and may not be disclosed unless entered into the record of a formal hearing or a judicial proceeding, except that a document or statement that was previously public information remains public information.(b)
An order issued by the commission after the completion of a preliminary review or hearing determining that a violation other than a technical or de minimis violation has occurred is not confidential.(b-1)
A commission employee may, for the purpose of investigating a sworn complaint or motion, disclose to the complainant, the respondent, or a witness information that is otherwise confidential and relates to the sworn complaint if:(1)
the employee makes a good faith determination that the disclosure is necessary to conduct the investigation;(2)
the employee’s determination under Subdivision (1) is objectively reasonable;(3)
the executive director authorizes the disclosure; and(4)
the employee discloses only the information necessary to conduct the investigation.(c)
A person commits an offense if the person discloses information made confidential by this section. An offense under this subsection is a Class C misdemeanor.(d)
In addition to other penalties, a person who discloses information made confidential by this section is civilly liable to the respondent in an amount equal to the greater of $10,000 or the amount of actual damages incurred by the respondent, including court costs and attorney fees.(e)
The commission shall terminate the employment of a commission employee who violates Subsection (a).(f)
A commission employee who discloses confidential information in compliance with Subsection (b-1) is not subject to Subsections (c), (d), and (e).
Source:
Section 571.140 — Confidentiality; Offense, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.571.htm#571.140 (accessed Jun. 5, 2024).
