Texas Code of Criminal Procedure 56B.058 – Disclosure and Use of Information
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(a) This article does not apply to information made confidential by law.
(b) An application for compensation under this chapter and any information, document, summary, or other record provided to or received, maintained, or created by the attorney general under this chapter is:
(1) except as provided by § 552.132(c), Government Code, not subject to disclosure under Chapter 552 of that code; and
(2) except as provided by Subsection (c), not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release.
Terms Used In Texas Code of Criminal Procedure 56B.058
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Fraud: Intentional deception resulting in injury to another.
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Subpoena: A command to a witness to appear and give testimony.
(c) The attorney general may not release or disclose an application for compensation under this chapter, or any information, document, summary, or other record provided to or received, maintained, or created by the attorney general under this chapter, except:
(1) by court order for good cause shown, if the order includes a finding that the information is not available from any other source;
(2) with the consent of:
(A) the claimant or victim; or
(B) the person that provided the information to the attorney general;
(3) to an employee or other person under the direction of the attorney general;
(4) to another crime victims’ compensation program that meets the requirements of 34 U.S.C. § 20102(b);
(5) to a person authorized by the attorney general to receive the information to:
(A) conduct an audit as required by state or federal law;
(B) provide a review or examination under Article 56B.054 or 56B.055 or under another provision of this chapter to determine the appropriateness of an award under this chapter;
(C) prevent, deter, or punish fraud related to this chapter; or
(D) assert subrogation or restitution rights;
(6) as the attorney general determines necessary to enforce this chapter, including presenting the application, information, document, summary, or record in court; or
(7) in response to a subpoena that is issued in a criminal proceeding and that requests an application for compensation under this chapter, subject to Subsection (d).
(d) In responding to a subpoena described by Subsection (c)(7), the attorney general shall release only the victim’s completed application form as described by Article 56B.051(a) after redacting any confidential information described by § 552.132(b), Government Code. The release of a victim’s completed application form under this subsection does not affect the authority of the court to order the release or disclosure of additional information under this article.