1. (a) A person commits an offense if the person:

   1. (1) knows of a former mental patient's admission to a mental health facility;
   2. (2) knows of a court order issued under this chapter that relates to that admission; and
   3. (3) intentionally releases, disseminates, or publishes a record or index reference subject to that order.

2. (b) A person commits an offense if the person:

   1. (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. (2) knows or should know that the record or index reference is subject to that order.
3. (c) An offense under this chapter is a Class B misdemeanor.
4. (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.

Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1, 1997.