Tex. Codes » Human Resources Code · TITLE 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · SUBTITLE C. ASSISTANCE PROGRAMS · CHAPTER 36. HEALTH CARE PROGRAM FRAUD PREVENTION
Texas Codes

Tex. Hum. Res. Code § 36.108 (2026)

Stay Of Certain Discovery

✓ current as of May 2026
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Sec. 36.108. STAY OF CERTAIN DISCOVERY. (a) On a showing by the state that certain actions of discovery by the person bringing the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period not to exceed 60 days.

(b) The court shall hear a motion to stay discovery under this section in camera.

(c) The court may extend the period prescribed by Subsection (a) on a further showing in camera that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and that any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2025–2025 · leading case: In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025).
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In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). · cites it 5× “17 Tex. Hum. Res. Code § 36.102(e) .........”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). · cites it 5× “20 Tex. Hum. Res. Code Ann. § 36.107 (c)....”
In Re Sanofi-Aventis U.S. LLC v. the State of Texas (Tex. App. 2025). “But even when the Attorney General opts to remain on the sidelines, he still may stay the relator’s ability to conduct discovery that would interfere with the State’s own investigation, Tex. Hum. Res. Code § 36.108, demand ongoing information about the action and intervene after…”
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