Tex. Human Resources Code Section 36.108
Stay of Certain Discovery

(a)

On a showing by the state that certain actions of discovery by the person bringing the action would interfere with the state’s investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period not to exceed 60 days.

(b)

The court shall hear a motion to stay discovery under this section in camera.

(c)

The court may extend the period prescribed by Subsection (a) on a further showing in camera that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and that any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.

Source: Section 36.108 — Stay of Certain Discovery, https://statutes.capitol.texas.gov/Docs/HR/htm/HR.36.htm#36.108 (accessed Jun. 5, 2024).

36.001
Definitions 36.002
Unlawful Acts 36.003
Documentary Material in Possession of State Agency 36.004
Immunity 36.005
Suspension or Revocation of Agreement 36.006
Application of Other Law 36.007
Recovery of Costs, Fees, and Expenses 36.008
Use of Money Recovered 36.0011
Culpable Mental State 36.051
Injunctive Relief 36.052
Civil Remedies 36.053
Investigation 36.054
Civil Investigative Demand 36.055
Attorney General as Relator in Federal Action 36.101
Action by Private Person Authorized 36.102
Initiation of Action 36.103
Answer by Defendant 36.104
State Decision 36.105
Representation of State by Private Attorney 36.106
Intervention by Other Parties Prohibited 36.107
Rights of Parties if State Continues Action 36.108
Stay of Certain Discovery 36.109
Pursuit of Alternate Remedy by State 36.110
Award to Private Plaintiff 36.111
Reduction of Award 36.112
Award to Defendant for Frivolous Action 36.113
Certain Actions Barred 36.114
State Not Liable for Certain Expenses 36.115
Retaliation Against Person Prohibited 36.116
Sovereign Immunity Not Waived 36.117
Attorney General Compensation 36.132
Revocation of Licenses 36.1021
Standard of Proof

Accessed:
Jun. 5, 2024

§ 36.108’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._human_resources_code_section_36.108

Original Source: Section 36.108 — Stay of Certain Discovery, https://statutes.capitol.texas.gov/Docs/HR/htm/HR.36.htm#36.108 (last accessed Jun. 5, 2024).