(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.

Terms Used In Texas Civil Practice and Remedies Code 144.008

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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.