2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter B. Action by Attorney General › Section 36.053. Investigation

Sec. 36.053.  INVESTIGATION.  (a)  The attorney general may take action under Subsection (b) if the attorney general has reason to believe that:
(1)  a person has information or custody or control of documentary material relevant to the subject matter of an investigation of an alleged unlawful act;
(2)  a person is committing, has committed, or is about to commit an unlawful act;  or
(3)  it is in the public interest to conduct an investigation to ascertain whether a person is committing, has committed, or is about to commit an unlawful act.
(b)  In investigating an unlawful act, the attorney general may:
(1)  require the person to file on a prescribed form a statement in writing, under oath or affirmation, as to all the facts and circumstances concerning the alleged unlawful act and other information considered necessary by the attorney general;
(2)  examine under oath a person in connection with the alleged unlawful act;  and
(3)  execute in writing and serve on the person a civil investigative demand requiring the person to produce the documentary material and permit inspection and copying of the material under Section 36.054.
(c)  The office of the attorney general may not release or disclose information that is obtained under Subsection (b)(1) or (2) or any documentary material or other record derived from the information except:
(1)  by court order for good cause shown;
(2)  with the consent of the person who provided the information;
(3)  to an employee of the attorney general;
(4)  to an agency of this state, the United States, or another state;
(5)  to any attorney representing the state under Section 36.055 or in a civil action brought under Subchapter C;
(6)  to a political subdivision of this state; or
(7)  to a person authorized by the attorney general to receive the information.
(d)  The attorney general may use documentary material derived from information obtained under Subsection (b)(1) or (2), or copies of that material, as the attorney general determines necessary in the enforcement of this chapter, including presentation before a court.
(e)  If a person fails to file a statement as required by Subsection (b)(1) or fails to submit to an examination as required by Subsection (b)(2), the attorney general may file in a district court of Travis County a petition for an order to compel the person to file the statement or submit to the examination within a period stated by court order.  Failure to comply with an order entered under this subsection is punishable as contempt.
(f)  An order issued by a district court under this section is subject to appeal to the supreme court.
Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.005 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(b), eff. Sept. 1, 1997.  Amended by Acts 1997, 75th Leg., ch. 1153, Sec. 4.05, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 8, eff. September 1, 2005.