{"data":{"id":"us-tx/tex.-government-code-420.074","jurisdiction":"us-tx","citation":"Tex. Government Code § 420.074","heading":"DISCLOSURE OF PRIVILEGED COMMUNICATIONS OR OTHER INFORMATION IN CRIMINAL PROCEEDING.","body":"(a) Subject to the provisions of this chapter, not later than the 30th day before the date of the trial, a defendant in a criminal proceeding may make a motion for disclosure of a communication or record that is privileged under this chapter. The motion must include a supporting affidavit showing reasonable grounds to believe the privileged communication or record contains exculpatory evidence.\n(b) The defendant shall serve the motion on the attorney representing the state and the person who holds the privilege with regard to the communication or record at issue.\n(c) The court shall order the privileged communication or record to be produced for the court under seal and shall examine the communication or record in camera if the court finds by a preponderance of the evidence that:\n(1) there is a good-faith, specific, and reasonable basis for believing that the privileged communication or record is relevant, material, and exculpatory upon the issue of guilt for the offense charged; and\n(2) the privileged communication or record would not be duplicative of other evidence or information available or already obtained by the defendant.\n(d) The court shall disclose to the defendant and to the state only the evidence that the court finds to be exculpatory on the issue of guilt for the offense charged.\nAdded by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1, 1997, as Sec. 44.074, Health and Safety Code.\nRenumbered from Health and Safety Code, Section 44.074 by Acts 2007, 80th Leg., Ch. 921 (H.B. 3167), Sec. 17.001, eff. September 9, 2007.\nAmended by:\nActs 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 10, eff. September 1, 2011.\nActs 2021, 87th Leg., R.S., Ch. 513 (S.B. 295), Sec. 5, eff. September 1, 2021.","path":["GOVERNMENT CODE","TITLE 4. EXECUTIVE BRANCH","SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION","CHAPTER 420. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES","SUBCHAPTER D. CONFIDENTIAL COMMUNICATIONS AND RECORDS"],"source_url":"https://statutes.capitol.texas.gov/Docs/GV/htm/GV.420.htm#420.074","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:16Z","sha256":"cc5d1a3d5e0bfa7233651f782c33133b17f36f72f30d54591583b50944aef876","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-government-code-420.0736","next":"us-tx/tex.-government-code-420.075"},"notice":"GroundRules: Original legal text. Not legal advice."}