Texas Occupations Code 301.460 – Access to Information
(a) Except for good cause shown for delay and subject to any other privilege or restriction set forth by statute, rule, or legal precedent, the board shall, not later than the 30th day after the date the board receives a written request from a license holder who is the subject of a formal charge filed under § 301.458 or from the license holder’s counsel of record, provide the license holder with access to:
(1) all known exculpatory information in the board’s possession; and
(2) information in the board’s possession that the board intends to offer into evidence in presenting its case in chief at the contested hearing on the complaint.
(b) The board is not required to provide:
(1) board investigative reports or investigative memoranda;
(2) the identity of nontestifying complainants;
(3) attorney-client communications;
(4) attorney work product; or
(5) other materials covered by a privilege as recognized by the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
Terms Used In Texas Occupations Code 301.460
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Rule: includes regulation. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The provision of information under Subsection (a) does not constitute a waiver of privilege or confidentiality under this chapter or other applicable law.