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Texas Civil Practice and Remedies Code - CIV PRAC & REM § 30.006. Certain Law Enforcement Agency Records Not Subject to Discovery

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section, “law enforcement agency” means a governmental agency that employs a peace officer as defined by Article 2A.001, Code of Criminal Procedure.

(b) This section does not apply to an action in which a law enforcement agency is a party.

(c) Except as provided by Subsection (d), a court in a civil action may not order discovery from a nonparty law enforcement agency of information, records, documents, evidentiary materials, and tangible things if:

(1) the information, records, documents, evidentiary materials, or tangible things deal with:

(A) the detection, investigation, or prosecution of crime;  or

(B) an investigation by the nonparty law enforcement agency that does not result in conviction or deferred adjudication;  and

(2) the release of the information, records, documents, evidentiary materials, or tangible things would interfere with the detection, investigation, or prosecution of criminal acts.

(d) On motion of a party, the court may order discovery from a nonparty law enforcement agency of information, records, documents, evidentiary materials, and tangible things described by Subsection (c) if the court determines, after in camera inspection, that:

(1) the discovery sought is relevant;  and

(2) there is a specific need for the discovery.

(e) This section does not apply to:

(1) a report of a collision under Chapter 550, Transportation Code;  and

(2) photographs, field measurements, scene drawings, and collision reconstruction done in conjunction with the investigation of the underlying collision.

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Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 30.006. Certain Law Enforcement Agency Records Not Subject to Discovery - last updated January 01, 2024 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-30-006/

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