Section 571.140 - Confidentiality; Offense(a) Except as provided by Subsection (b) or (b-1) or by Section 571.171, proceedings at a preliminary review hearing performed by the commission, a sworn complaint, and documents and any additional evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint or motion are confidential and may not be disclosed unless entered into the record of a formal hearing or a judicial proceeding, except that a document or statement that was previously public information remains public information.(b) An order issued by the commission after the completion of a preliminary review or hearing determining that a violation other than a technical or de minimis violation has occurred is not confidential.(b-1) A commission employee may, for the purpose of investigating a sworn complaint or motion, disclose to the complainant, the respondent, or a witness information that is otherwise confidential and relates to the sworn complaint if:(1) the employee makes a good faith determination that the disclosure is necessary to conduct the investigation;(2) the employee's determination under Subdivision (1) is objectively reasonable;(3) the executive director authorizes the disclosure; and(4) the employee discloses only the information necessary to conduct the investigation.(c) A person commits an offense if the person discloses information made confidential by this section. An offense under this subsection is a Class C misdemeanor.(d) In addition to other penalties, a person who discloses information made confidential by this section is civilly liable to the respondent in an amount equal to the greater of $10,000 or the amount of actual damages incurred by the respondent, including court costs and attorney fees.(e) The commission shall terminate the employment of a commission employee who violates Subsection (a).(f) A commission employee who discloses confidential information in compliance with Subsection (b-1) is not subject to Subsections (c), (d), and (e).Tex. Gov't. Code § 571.140
Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.29, eff. 9/1/2003.Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. 9/1/1993.