This section lets the attorney general issue a civil investigative demand for documents and sets rules for how it must be served, produced, kept confidential, and enforced.
Sec. 36.054. CIVIL INVESTIGATIVE DEMAND. (a) An investigative demand must: (1) state the rule or statute under which the alleged unlawful act is being investigated and the general subject matter of the investigation; (2) describe the class or classes of documentary material to be produced with reasonable specificity to fairly indicate the documentary material demanded; (3) prescribe a return date within which the documentary material is to be produced; and (4) identify an authorized employee of the attorney general to whom the documentary material is to be made available for inspection and copying. (b) A civil investigative demand may require disclosure of any documentary material that is discoverable under the Texas Rules of Civil Procedure. (c) Service of an investigative demand may be made by: (1) delivering an executed copy of the demand to the person to be served or to a partner, an officer, or an agent authorized by appointment or by law to receive service of process on behalf of that person; (2) delivering an executed copy of the demand to the principal place of business in this state of the person to be served; or (3) mailing by registered or certified mail an executed copy of the demand addressed to the person to be served at the person's principal place of business in this state or, if the person has no place of business in this state, to a person's principal office or place of business. (d) Documentary material demanded under this section shall be produced for inspection and copying during normal business hours at the office of the attorney general or as agreed by the person served and the attorney general. (e) The office of the attorney general may not produce for inspection or copying or otherwise disclose the contents of documentary material obtained under this section except: (1) by court order for good cause shown; (2) with the consent of the person who produced the information; (3) to an employee of the attorney general; (4) to an agency of this state, the United States, or another state; (5) to any attorney representing the state under Section 36.055 or in a civil action brought under Subchapter C; (6) to a political subdivision of this state; or (7) to a person authorized by the attorney general to receive the information. (e-1) The attorney general shall prescribe reasonable terms and conditions allowing the documentary material to be available for inspection and copying by the person who produced the material or by an authorized representative of that person. The attorney general may use the documentary material or copies of it as the attorney general determines necessary in the enforcement of this chapter, including presentation before a court. (f) A person may file a petition, stating good cause, to extend the return date for the demand or to modify or set aside the demand. A petition under this section shall be filed in a district court of Travis County and must be filed before the earlier of: (1) the return date specified in the demand; or (2) the 20th day after the date the demand is served. (g) Except as provided by court order, a person on whom a demand has been served under this section shall comply with the terms of an investigative demand. (h) A person who has committed an unlawful act in relation to a health care program in this state has submitted to the jurisdiction of this state and personal service of an investigative demand under this section may be made on the person outside of this state. (i) This section does not limit the authority of the attorney general to conduct investigations or to access a person's documentary materials or other information under another state or federal law, the Texas Rules of Civil Procedure, or the Federal Rules of Civil Procedure. (j) If a person fails to comply with an investigative demand, or if copying and reproduction of the documentary material demanded cannot be satisfactorily accomplished and the person refuses to surrender the documentary material, the attorney general may file in a district court of Travis County a petition for an order to enforce the investigative demand. (k) If a petition is filed under Subsection (j), the court may determine the matter presented and may enter an order to implement this section. (l) Failure to comply with a final order entered under Subsection (k) is punishable by contempt. (m) A final order issued by a district court under Subsection (k) is subject to appeal to the supreme court. Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995. Renumbered from Human Resources Code Sec. 36.006 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(b), eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 9, eff. September 1, 2005. Acts 2023, 88th Leg., R.S., Ch. 273 (S.B. 745), Sec. 9, eff. September 1, 2023.