Article 56.65. Disclosure and Use of Information

TX Code Crim Pro art 56.65 (2019) (N/A)
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(b) An application for compensation under this subchapter and any information, document, summary, or other record provided to or received, maintained, or created by the attorney general under this subchapter is:

(1) except as provided by Section 552.132(c), Government Code, not subject to disclosure under Chapter 552 of that code; and

(2) except as provided by Subsection (c), not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release.

(c) The attorney general may not release or disclose an application for compensation under this subchapter, or any information, document, summary, or other record provided to or received, maintained, or created by the attorney general under this subchapter, except:

(1) by court order for good cause shown, if the order includes a finding that the information is not available from any other source;

(2) with the consent of:

(A) the claimant or victim; or

(B) the person that provided the information to the attorney general;

(3) to an employee or other person under the direction of the attorney general;

(4) to another crime victims' compensation program that meets the requirements of 42 U.S.C. Section 10602(b);

(5) to a person authorized by the attorney general to receive the information in order to:

(A) conduct an audit as required by state or federal law;

(B) provide a review or examination under Article 56.38, 56.385, or 56.39 or under another provision of this subchapter for the purpose of determining the appropriateness of an award under this subchapter;

(C) prevent, deter, or punish fraud related to this subchapter; or

(D) assert subrogation or restitution rights;

(6) as the attorney general determines necessary to enforce this chapter, including presenting the application, information, document, summary, or record in court; or

(7) in response to a subpoena that is issued in a criminal proceeding and that requests an application for compensation under this subchapter, subject to Subsection (d).

(d) If responding to a subpoena described by Subsection (c)(7), the attorney general shall release only the victim's completed application form as described by Article 56.36(a) after redacting any confidential information described by Section 552.132(b), Government Code. The release of a victim's completed application form under this subsection does not affect the authority of the court to order the release or disclosure of additional information under this article.

Added by Acts 2017, 85th Leg., R.S., Ch. 8 (S.B. 843), Sec. 1, eff. September 1, 2017.