2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.008. Privileged Information

Sec. 414.008.  PRIVILEGED INFORMATION.  (a)  Except as otherwise provided by this section, evidence relating to a communication between a person submitting a tip under Section 414.0015(a) and a person who accepted the tip under that subsection is not admissible in a court or an administrative proceeding and may not be considered in a hearing regarding the expulsion of a student under Subchapter A, Chapter 37, Education Code, or any other student disciplinary proceeding.
(b)  A record of the council, a crime stoppers organization, a law enforcement agency, a school district, or an open-enrollment charter school concerning a tip submitted under Section 414.0015(a) may not be compelled to be produced before a court or other tribunal except on a motion:
(1)  filed in a criminal trial court by a defendant who alleges that the record contains evidence that is exculpatory to the defendant in the trial of that offense; or
(2)  filed in a civil case by a plaintiff who alleges that denial of access to the record concerning the tip abrogates any part of a cognizable common law cause of action, if the plaintiff alleging abrogation:
(A)  was charged with or convicted of a criminal offense based at least partially on the tip and the charges were dismissed, the plaintiff was acquitted, or the conviction was overturned, as applicable; and
(B)  in the motion establishes a prima facie case that the plaintiff's abrogated claim is based on injuries from the criminal charge or conviction caused by the wrongful acts of another performed in connection with the tip.
(c)  On motion of a movant under Subsection (b), the court may subpoena the records or report.  The court shall conduct an in camera inspection of materials produced under subpoena to determine whether the materials contain:
(1)  evidence that is exculpatory to the defendant;  or
(2)  information necessary to a plaintiff as described by Subsection (b)(2).
(d)  If the court determines that the materials produced contain evidence that is exculpatory to the defendant or information necessary to a plaintiff as described by Subsection (b)(2), the court shall present the evidence to the movant in a form that does not disclose the identity of the person who was the source of the evidence, unless the state or federal constitution requires the disclosure of that person's identity.  The court shall execute an affidavit accompanying the disclosed materials swearing that, in the opinion of the court, the materials disclosed represent the evidence the movant is entitled to receive under this section.
(e)  The court shall return to the council, crime stoppers organization, law enforcement agency, school district, or open-enrollment charter school the materials that are produced under this section but not disclosed to the movant. The council, crime stoppers organization, law enforcement agency, school district, or open-enrollment charter school shall store the materials at least until the first anniversary of the following appropriate date:
(1)  the date of expiration of the time for all direct appeals in a criminal case; or
(2)  the date a plaintiff's right to appeal in a civil case is exhausted.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 711, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 700, Sec. 5, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999;  Acts 2003, 78th Leg., ch. 233, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 7, eff. September 1, 2019.