Texas Insurance Code 36.158 – Access to Information
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(a) A record or other evidence acquired under a subpoena under this subchapter or in response to a request for information under Section 101.104 is not a public record for the period the commissioner considers reasonably necessary to:
(1) complete the investigation;
(2) protect the person being investigated from unwarranted injury; or
(3) serve the public interest.
(b) The record or other evidence is not subject to a subpoena, other than a grand jury subpoena, until:
(1) the record or other evidence is released for public inspection by the commissioner; or
(2) after notice and a hearing, a district court determines that obeying the subpoena would not jeopardize the public interest and any investigation by the commissioner.
Terms Used In Texas Insurance Code 36.158
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Subpoena: A command to a witness to appear and give testimony.
(c) Except for good cause, a district court order under Subsection (b) may not apply to:
(1) a record or communication received from another law enforcement or regulatory agency; or
(2) the internal notes, memoranda, reports, or communications made in connection with a matter that the commissioner has the authority to consider or investigate.