(a) A financial institution or an affiliate of a financial institution, including its holding company, may establish a compliance review committee to test, review, or evaluate the financial institution's conduct, transactions, or potential transactions for the purpose of monitoring and improving or enforcing compliance with:
- (1) a statutory or regulatory requirement;
- (2) financial reporting to a governmental agency;
- (3) the policies and procedures of the financial institution or its affiliates; or
- (4) safe, sound, and fair lending practices.
(b) Except as provided by Subsection (c):
- (1) a compliance review document is confidential and is not discoverable or admissible in evidence in a civil action;
(2) an individual serving on a compliance review committee or acting under the direction of a compliance review committee may not be required to testify in a civil action as to:
- (A) the contents or conclusions of a compliance review document; or
- (B) an action taken or discussions conducted by or for a compliance review committee; and
- (3) a compliance review document or an action taken or discussion conducted by or for a compliance review committee that is disclosed to a governmental agency remains confidential and is not discoverable or admissible in a civil action.
- (c) Subsection (b)(2) does not apply to an individual who has management responsibility for the operations, records, employees, or activities being examined or evaluated by the compliance review committee.
- (d) This section does not limit the discovery or admissibility in a civil action of a document that is not a compliance review document.
Renumbered from Sec. 59.007 and amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.016, eff. Sept. 1, 1999.