Texas Health and Safety Code 571.015 – Inspection of Court Records
(a) Each paper in a docket for mental health proceedings in the county clerk’s office, including the docket book, indexes, and judgment books, is a public record of a private nature that may be used, inspected, or copied only under a written order issued by the county judge, a judge of a court that has probate jurisdiction, or a judge of a district court having jurisdiction in the county in which the docket is located.
(b) A judge may not issue an order under Subsection (a) unless the judge enters a finding that:
(1) the use, inspection, or copying is justified and in the public interest; or
(2) the paper is to be released to the person to whom it relates or to a person designated in a written release signed by the person to whom the paper relates.
Terms Used In Texas Health and Safety Code 571.015
- Docket: A log containing brief entries of court proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probate: Proving a will
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) In addition to the finding required by Subsection (b), if a law relating to confidentiality of mental health information or physician-patient privilege applies, the judge must find that the reasons for the use, inspection, or copying fall within the applicable statutory exemptions.
(d) The papers shall be released to an attorney representing the proposed patient in a proceeding held under this subtitle.
(e) This section does not affect access of law enforcement personnel to necessary information in execution of a writ or warrant.