Texas § GV.571.140 - CONFIDENTIALITY

§ GV.571.140. CONFIDENTIALITY

CONFIDENTIALITY; OFFENSE. (a) Except as provided by Subsection (b) or (b-1) or by Section 571.171 , proceedings at a preliminary review hearing performed by the commission, a sworn complaint, and documents and any additional evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint or motion are confidential and may not be disclosed unless entered into the record of a formal hearing or a judicial proceeding, except that a document or statement that was previously public information remains public information. (b) An order issued by the commission after the completion of a preliminary review or hearing determining that a violation other than a technical or de minimis violation has occurred is not confidential. (b-1) A commission employee may, for the purpose of investigating a sworn complaint or motion, disclose to the complainant, the respondent, or a witness information that is otherwise confidential and relates to the sworn complaint if: (1) the employee makes a good faith determination that the disclosure is necessary to conduct the investigation; (2) the employee's determination under Subdivision (1) is objectively reasonable; (3) the executive director authorizes the disclosure; and (4) the employee discloses only the information necessary to conduct the investigation. (c) A person commits an offense if the person discloses information made confidential by this section. An offense under this subsection is a Class C misdemeanor. (d) In addition to other penalties, a person who discloses information made confidential by this section is civilly liable to the respondent in an amount equal to the greater of $10,000 or the amount of actual damages incurred by the respondent, including court costs and attorney fees. (e) The commission shall terminate the employment of a commission employee who violates Subsection (a). (f) A commission employee who discloses confidential information in compliance with Subsection (b-1) is not subject to Subsections (c), (d), and (e). Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.29, eff. Sept. 1, 2003.