Sec. 462.003. INSPECTION OF COURT RECORDS. (a) Each paper in a docket for commitment proceedings in the county clerk's office, including the docket book, indexes, and judgment books, is a public record of a private nature that may be used, inspected, or copied only under a written order issued by the:
(1) county judge;
(2) judge of a court that has probate jurisdiction; or
(3) judge of a district court having jurisdiction in the county.
(b) A judge may not issue an order under Subsection (a) unless the judge enters a finding that:
(1) the use, inspection, or copying is justified and in the public interest; or
(2) the paper is to be released to the person to whom it relates or to a person designated in a written release signed by the person to whom the paper relates.
(c) In addition to the finding required by Subsection (b), if a law relating to confidentiality of mental health information or physician-patient privilege applies, the judge must find that the reasons for the use, inspection, or copying fall within the statutory exemptions.
(d) The papers shall be released to an attorney representing the proposed patient in a proceeding held under this chapter.
(e) This section does not affect access of law enforcement personnel to necessary information in the execution of a writ or warrant.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
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