1. (a) In this section, "law enforcement agency" means a governmental agency that employs a peace officer as defined by Article 2A.001, Code of Criminal Procedure.
2. (b) This section does not apply to an action in which a law enforcement agency is a party.

3. (c) Except as provided by Subsection (d), a court in a civil action may not order discovery from a nonparty law enforcement agency of information, records, documents, evidentiary materials, and tangible things if:

   1. (1) the information, records, documents, evidentiary materials, or tangible things deal with:

      1. (A) the detection, investigation, or prosecution of crime; or
      2. (B) an investigation by the nonparty law enforcement agency that does not result in conviction or deferred adjudication; and
   2. (2) the release of the information, records, documents, evidentiary materials, or tangible things would interfere with the detection, investigation, or prosecution of criminal acts.

4. (d) On motion of a party, the court may order discovery from a nonparty law enforcement agency of information, records, documents, evidentiary materials, and tangible things described by Subsection (c) if the court determines, after in camera inspection, that:

   1. (1) the discovery sought is relevant; and
   2. (2) there is a specific need for the discovery.

5. (e) This section does not apply to:

   1. (1) a report of a collision under Chapter 550, Transportation Code; and
   2. (2) photographs, field measurements, scene drawings, and collision reconstruction done in conjunction with the investigation of the underlying collision.

Added by Acts 2007, 80th Leg., R.S., Ch. 679 (H.B. 1572), Sec. 1, eff. September 1, 2007.

Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 113, eff. September 1, 2023.

Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.009, eff. January 1, 2025.