37 Tex. Admin. Code § 147.1
Public Hearings
Effective Aug 11, 201641 TexReg 5763Source Note: The provisions of this §147.1 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective February 5, 2015, 40 TexReg 442; amended to be effective August 11, 2016, 41 TexReg 5763.Texas Secretary of State
- (a) All hearings on matters not confidential or privileged by law, or both, shall be open to the public.
- (b) Appropriate federal and state constitutional provisions, statutes, regulations, and judicial precedent establishing the confidential or privileged nature of information presented shall be given effect by the Hearing Officer.
- (c) To effect this provision, the Hearing Officer shall have the authority to close the hearing to the extent necessary to protect against the improper disclosure of confidential and/or privileged information.
(d) If the Hearing Officer closes the hearing pursuant to this section, in no event shall the Hearing Officer exclude from the hearing a party as defined by Section 141.111 of this title (relating to Definition and Terms) and includes:
- (1) the releasee;
- (2) the releasee's attorney;
- (3) the releasee's interpreter;
- (4) Board Member or Board employee;
- (5) TDCJ employee;
- (6) County jail employee; and
- (7) Prosecuting attorney.
- (e) When the Hearing Officer closes the hearing, the Hearing Officer shall announce on the record that the hearing will be closed to the public to protect the confidential and/or privileged information being introduced into evidence. After the confidential and/or privileged evidence is obtained, the Hearing Officer shall open the hearing to the public and announce the same on the record.
Source Note:The provisions of this §147.1 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective February 5, 2015, 40 TexReg 442; amended to be effective August 11, 2016, 41 TexReg 5763.