Texas Government Code 552.163 – Exception: Confidentiality of Certain Attorney General Settlement Negotiations
(a) In this section, “attorney general settlement communication” means documentary materials or information collected, assembled, drafted, developed, used, received, or maintained by or on behalf of the attorney general with respect to an investigation or litigation conducted under Subchapter E, Chapter 17, Business & Commerce Code, and that reflects or is regarding negotiations made for the purpose of achieving a resolution of a matter without the need for continuing with litigation or trial.
(b) An attorney general settlement communication is privileged and not subject to disclosure under this chapter from the date the attorney general’s investigation begins, as indicated in the attorney general’s case management records, until the earlier of:
(1) the 90th day after the date settlement discussions are terminated; or
(2) the earliest of the date:
(A) the case is reported closed in the attorney general’s case management records;
(B) the final judgment, assurance of voluntary compliance, or other settlement agreement is entered by the court, and the period for filing a notice of appeal has passed;
(C) the settlement documents are executed by all parties, if the documents are not filed in court;
(D) the order of dismissal or nonsuit disposing of all parties is entered by the court; or
(E) all appeals are finalized.
Terms Used In Texas Government Code 552.163
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) For the purpose of this section, a settlement communication does not include a document attached to or referenced in a delivered settlement proposal that is subject to disclosure under this chapter.