Sec. 36.158. ACCESS TO INFORMATION. (a) A record or other evidence acquired under a subpoena under this subchapter or in response to a request for information under Section 101.104 is not a public record for the period the commissioner considers reasonably necessary to: (1) complete the investigation; (2) protect the person being investigated from unwarranted injury; or (3) serve the public interest. (b) The record or other evidence is not subject to a subpoena, other than a grand jury subpoena, until: (1) the record or other evidence is released for public inspection by the commissioner; or (2) after notice and a hearing, a district court determines that obeying the subpoena would not jeopardize the public interest and any investigation by the commissioner. (c) Except for good cause, a district court order under Subsection (b) may not apply to: (1) a record or communication received from another law enforcement or regulatory agency; or (2) the internal notes, memoranda, reports, or communications made in connection with a matter that the commissioner has the authority to consider or investigate.
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