Tex.
Occ. Code Section 801.207
Public Record; Exception
(a)
Except as provided by Subsection (b), a board record is a public record and is available for public inspection during normal business hours.(b)
Except as provided by Subsection (b-1), each complaint, investigation file and record, and other investigation report and all other investigative information in the possession of or received or gathered by the board or the board’s employees or agents relating to a license holder, an application for license, or a criminal investigation or proceeding is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to anyone other than the board or the board’s employees or agents involved in discipline of a license holder.(b-1)
Not later than the 14th day before the date of an informal proceeding under Section 801.408 (Informal Proceedings), the board shall provide to the license holder who is the subject of the complaint a copy of the record of any review conducted under Section 801.2055 (Complaints Requiring Medical Expertise) of a complaint requiring medical expertise. The board shall redact the name of each veterinarian who conducted the review.(c)
Except as provided by Subsection (b-1), the board shall protect the identity of a complainant to the extent possible.(d)
Not later than the 30th day after the date of receipt of a written request from a license holder who is the subject of a formal complaint initiated and filed under this subchapter or from the license holder’s counsel of record, and subject to any other privilege or restriction set forth by rule, statute, or legal precedent, and unless good cause is shown for delay, the board shall provide the license holder with access to all information in its possession that the board intends to offer into evidence in presenting its case in chief at the contested hearing on the complaint. The board is not required to provide:(1)
a board investigative report or memorandum;(2)
the identity of a nontestifying complainant; or(3)
attorney-client communications, attorney work product, or other materials covered by a privilege recognized by the Texas Rules of Civil Procedure or the Texas Rules of Evidence.(e)
Furnishing information under Subsection (d) does not constitute a waiver of privilege or confidentiality under this chapter or other applicable law.
Source:
Section 801.207 — Public Record; Exception, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.801.htm#801.207 (accessed Jun. 5, 2024).
