1. (a) A record or other evidence acquired under a subpoena under this subchapter or in response to a request for information under Section 101.104 is not a public record for the period the commissioner considers reasonably necessary to:

   1. (1) complete the investigation;
   2. (2) protect the person being investigated from unwarranted injury; or
   3. (3) serve the public interest.

2. (b) The record or other evidence is not subject to a subpoena, other than a grand jury subpoena, until:

   1. (1) the record or other evidence is released for public inspection by the commissioner; or
   2. (2) after notice and a hearing, a district court determines that obeying the subpoena would not jeopardize the public interest and any investigation by the commissioner.

3. (c) Except for good cause, a district court order under Subsection (b) may not apply to:

   1. (1) a record or communication received from another law enforcement or regulatory agency; or
   2. (2) the internal notes, memoranda, reports, or communications made in connection with a matter that the commissioner has the authority to consider or investigate.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.

Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 2, eff. September 1, 2021.