Government Code §552.108

In force on Sep 01, 2023 · this text took effect Sep 01, 2023 · amended later, effective Apr 01, 2027

EXCEPTION: CERTAIN LAW ENFORCEMENT, CORRECTIONS, AND PROSECUTORIAL INFORMATION

(a) Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of Section 552.021 if: (1) release of the information would interfere with the detection, investigation, or prosecution of crime; (2) it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication; (3) it is information relating to a threat against a peace officer or detention officer collected or disseminated under Section 411.048 ; or (4) it is information that: (A) is prepared by an attorney representing the state in anticipation of or in the course of preparing for criminal litigation; or (B) reflects the mental impressions or legal reasoning of an attorney representing the state. (b) An internal record or notation of a law enforcement agency or prosecutor that is maintained for internal use in matters relating to law enforcement or prosecution is excepted from the requirements of Section 552.021 if: (1) release of the internal record or notation would interfere with law enforcement or prosecution; (2) the internal record or notation relates to law enforcement only in relation to an investigation that did not result in conviction or deferred adjudication; or (3) the internal record or notation: (A) is prepared by an attorney representing the state in anticipation of or in the course of preparing for criminal litigation; or (B) reflects the mental impressions or legal reasoning of an attorney representing the state. (c) This section does not except from the requirements of Section 552.021 information that is basic information about an arrested person, an arrest, or a crime. A governmental body shall promptly release basic information responsive to a request made under this chapter unless the governmental body seeks to withhold the information as provided by another provision of this chapter, and regardless of whether the governmental body requests an attorney general decision under Subchapter G regarding other information subject to the request.

History: Text of subsection as added by Acts 2023, 88th Leg., R.S., Ch. 986 (H.B. 30 ), Sec. 1 Text of subsection as added by Acts 2023, 88th Leg., R.S., Ch. 195 (S.B. 435 ), Sec. 1 Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 474, Sec. 6, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 557 (H.B. 1262 ), Sec. 3, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 557 (H.B. 1262 ), Sec. 4, eff. September 1, 2005. Acts 2023, 88th Leg., R.S., Ch. 195 (S.B. 435 ), Sec. 1, eff. May 24, 2023. Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033 ), Sec. 4, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 986 (H.B. 30 ), Sec. 1, eff. September 1, 2023.

Source: Internet Archive capture, seen Sep 13, 2023 to Aug 26, 2025.

Every version on file

Effective Apr 01, 2027 · seen Sep 2025–Nov 2026
Effective Sep 01, 2023 · seen Sep 2023–Aug 2025
Effective Sep 01, 2005 · seen Jun 2019–Jun 2023

Attorney General opinions that cite it

KP-0186 (Sep 18, 2017): Whether and when a municipal I law enforcement agency is authorized or required to release audio or video recordings from a body worn camera to members of the public, members of the governing body of the municipality, and civilian employees of the municipality

A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.