2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 555 - State Agency Records Relating to License Holders or Other Regulated Persons › Subchapter C. Sharing Confidential Information › Section 555.051. Information Sharing Among Certain Agencies

Sec. 555.051.  INFORMATION SHARING AMONG CERTAIN AGENCIES.  (a)  This section applies only to information held by or for the office of the attorney general, the Texas Department of Insurance, the Texas State Board of Public Accountancy, the Public Utility Commission of Texas, the State Securities Board, the Department of Savings and Mortgage Lending, the Texas Real Estate Commission, the Texas Appraiser Licensing and Certification Board, the Texas Department of Banking, the credit union department, the Office of Consumer Credit Commissioner, or the Texas Department of Housing and Community Affairs that relates to the possible commission of corporate fraud or mortgage fraud by a person who is licensed or otherwise regulated by any of those state agencies.  In this subsection, "corporate fraud" means a violation of state or federal law or rules relating to fraud committed by a corporation, limited liability company, or registered limited liability partnership or an officer, director, or partner of those entities while acting in a representative capacity.
(b)  Each of the agencies listed in Subsection (a), on request or on its own initiative, may share confidential information or information to which access is otherwise restricted by law with one or more of the other agencies listed in Subsection (a) for investigative purposes pursuant to Subsection (a).  Except as provided by this section, confidential information that is shared under this section remains confidential under law and legal restrictions on access to the information remain in effect.
(c)  A state agency that receives shared information under this section:
(1)  shall keep the information secure and limit access to the information within the agency to agency personnel who need access for investigative purposes;  and
(2)  may disclose the information obtained pursuant to Subsection (a) only:
(A)  to another agency listed in Subsection (a) in accordance with this section;
(B)  to another agency listed in Subsection (a) to the extent necessary to bring or prosecute a contested case or court action to restrain or prevent a violation of law or to impose sanctions or penalties in connection with a violation of law;
(C)  to an appropriate law enforcement agency or prosecutor if the state agency determines that the information may be evidence of an offense or evidence that a particular person committed an offense;  or
(D)  under a court order or subpoena obtained after a showing to a court that disclosure of the information is necessary to protect the public health, safety, or welfare.
(d)  This section does not limit or restrict information sharing among agencies as otherwise provided by law.
Added by Acts 2003, 78th Leg., ch. 1090, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 285 (H.B. 716), Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 709 (H.B. 2840), Sec. 3, eff. September 1, 2009.