Texas Local Government Code

§ 161.173 — CONFIDENTIALITY; OFFENSE

LG § 161.173Title 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES · Part B. COUNTY OFFICERS AND EMPLOYEES · Ch. 161. COUNTY ETHICS COMMISSION IN CERTAIN COUNTIES · Art. D. COMPLAINT PROCEDURES AND HEARINGS

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(a)Except as provided by Subsection (b), (c), or (m), proceedings at a preliminary review hearing performed by the standing preliminary review committee, a sworn complaint, and documents and any additional evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint 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 standing preliminary review committee 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.

(c)Commission staff may, for the purpose of investigating a sworn complaint, 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 commission specifically authorizes the disclosure; and

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 15, eff. September 1, 2011.