- (a) Each paper in a docket for mental health proceedings in the county clerk's office, including the docket book, indexes, and judgment books, is a public record of a private nature that may be used, inspected, or copied only under a written order issued by the county judge, a judge of a court that has probate jurisdiction, or a judge of a district court having jurisdiction in the county in which the docket is located.
(b) A judge may not issue an order under Subsection (a) unless the judge enters a finding that:
- (1) the use, inspection, or copying is justified and in the public interest; or
- (2) the paper is to be released to the person to whom it relates or to a person designated in a written release signed by the person to whom the paper relates.
- (c) In addition to the finding required by Subsection (b), if a law relating to confidentiality of mental health information or physician-patient privilege applies, the judge must find that the reasons for the use, inspection, or copying fall within the applicable statutory exemptions.
- (d) The papers shall be released to an attorney representing the proposed patient in a proceeding held under this subtitle.
- (e) This section does not affect access of law enforcement personnel to necessary information in execution of a writ or warrant.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.