(a) The presiding officer, on his own motion or on the motion of any party, shall exclude information that is subject to a claim of privilege under this division if: (1) The person from whom the information is sought is not a person authorized to claim the privilege; and (2) There is no party to the proceeding who is a person authorized to claim the privilege. (b) The presiding officer may not exclude information under this section if: (1) He is otherwise instructed by a person authorized to permit disclosure; or (2) The proponent of the evidence establishes that there is no person authorized to claim the privilege in existence.
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