Sec. 59.010. CONFIDENTIALITY OF ADMINISTRATIVE SUBPOENA. (a) Except to the extent disclosure is necessary to locate and produce responsive records, an administrative subpoena that meets the requirements of Subsection (b) and is served on a financial institution may provide that the financial institution to whom the subpoena is directed may not:
(1) disclose that the subpoena has been issued;
(2) identify or describe any records requested in the subpoena; or
(3) disclose whether records have been furnished in response to the subpoena.
(b) The government agency issuing the subpoena may prohibit the disclosure of information described in Subsection (a) only if the agency finds, and the subpoena states the agency's finding that:
(1) the records relate to an ongoing criminal investigation by the agency; and
(2) the disclosure could significantly impede or jeopardize the investigation.
(c) For purposes of this section, "administrative subpoena" means a valid and enforceable subpoena requesting customer records, issued under the laws of this state by a government agency exercising investigatory or adjudicative functions with respect to a matter within the agency's jurisdiction.
Added by Acts 2001, 77th Leg., ch. 528, Sec. 16, eff. Sept. 1, 2001.
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