§ 420.072 — DISCLOSURE OF CONFIDENTIAL COMMUNICATION OR RECORD.

Texas § 420.072

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 420.072. DISCLOSURE OF CONFIDENTIAL COMMUNICATION OR RECORD. (a) A communication or record that is confidential under Section 420.071 may only be disclosed if:
(1) the communication or record is relevant to the claims or defense of an advocate or sexual assault program in a proceeding brought by the survivor against the advocate or program;
(2) the survivor has waived the privilege established under Section 420.071 (c) with respect to the communication or record;
(3) the survivor or other appropriate person consents in writing to the disclosure as provided by Section 420.073 ;
(4) an advocate determines that, unless the disclosure is made, there is a probability of:
(A) imminent physical danger to any person; or
(B) immediate mental or emotional injury to the survivor;
(5) the disclosure is necessary:
(A) to comply with:
(i) Chapter 261 , Family Code; or
(ii) Chapter 48 , Human Resources Code; or
(B) for a management audit, a financial audit, a program evaluation, or research, except that a report of the audit, evaluation, or research may not directly or indirectly identify a survivor;
(6) the disclosure is made to an employee or volunteer of the sexual assault program after an advocate or a person under the supervision of a counseling supervisor who is participating in the evaluation or counseling of or the provision of services to the survivor determines that the disclosure is necessary to facilitate the provision of services to the survivor; or
(7) the communication or record is in the possession, custody, or control of the state and a court, after conducting an in camera review of the communication or record, determines the communication or record is exculpatory, provided that the disclosure is limited to the specific portion of the communication or record that was determined to be exculpatory in relation to a defendant in a criminal case.
(b) Regardless of whether written consent has been given by a parent or legal guardian under Section 420.073 (a), a person may not disclose a communication or record that is confidential under Section 420.071 to a parent or legal guardian of a survivor who is a minor or to a guardian appointed under Title 3, Estates Code, of an adult survivor, if applicable, if the person knows or has reason to believe that the parent or guardian of the survivor is a suspect or accomplice in the sexual assault of the survivor.
(c) Notwithstanding Subsections (a) and (b), the Texas Rules of Evidence govern the disclosure of a communication or record that is confidential under Section 420.071 in a criminal or civil proceeding by an expert witness who relies on facts or data from the communication or record to form the basis of the expert's opinion.

Legislative History

Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1, 1997, as Sec. 44.072, Health and Safety Code. Renumbered from Health and Safety Code, Section 44.072 by Acts 2007, 80th Leg., Ch. 921 (H.B. 3167 ), Sec. 17.001, eff. September 9, 2007. Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167 ), Sec. 17.002(3), eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636 ), Sec. 6, eff. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. 1329 (H.B. 4531 ), Sec. 3, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 513 (S.B. 295 ), Sec. 4, eff. September 1, 2021.