(a) A person commits an offense if the person:
(1) knows of a former mental patient’s admission to a mental health facility;
(2) knows of a court order issued under this chapter that relates to that admission; and
(3) intentionally releases, disseminates, or publishes a record or index reference subject to that order.
(b) A person commits an offense if the person:
(1) knowingly fails to delete, seal, destroy, or present to the court a record or index reference subject to an order issued under this chapter; and
(2) knows or should know that the record or index reference is subject to that order.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 180 daysup to $2,000
For details, see Texas Penal Code § 12.22

Terms Used In Texas Civil Practice and Remedies Code 144.008

  • 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) An offense under this chapter is a Class B misdemeanor.
(d) This chapter does not prohibit an attorney or insurer of a provider or patient from retaining or communicating confidentially about a privileged document as necessary to provide legal advice regarding an actual or potential claim or issue. The document or communication remains privileged and not subject to a subpoena.