Tex. Codes » Human Resources Code · TITLE 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · SUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD WELFARE AND PROTECTIVE SERVICES · CHAPTER 40. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Texas Codes

Tex. Hum. Res. Code § 40.005 (2026)

Confidentiality Of Information

✓ current as of May 2026
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Sec. 40.005. CONFIDENTIALITY OF INFORMATION. (a) The executive commissioner shall establish and the department shall enforce rules governing the custody, use, and preservation of the department's records, papers, files, and communications.

(b) The executive commissioner shall prescribe safeguards to govern the use or disclosure of information relating to a recipient of a department service or to an investigation the department conducts in performing its duties and responsibilities. The safeguards must be consistent with the purposes of the department's programs and must comply with applicable state and federal law and department rules.

(c) Notwithstanding any other provision of law, the executive commissioner by rule may prescribe a process by which an administrative law judge may disclose requested confidential information that the department possesses. The rules must provide that the information may be disclosed by the administrative law judge only if the administrative law judge:

(1) provides notice to the department and any interested party; and

(2) determines after an in camera review of the information that disclosure is essential to the administration of justice and will not endanger the life or safety of any individual.

(d) Except as otherwise provided, a person who is authorized to receive confidential information shall maintain its confidentiality and shall prevent disclosure of the information to a person who is not authorized to receive the information.

(e) A person commits an offense if the person discloses without authorization confidential information contained in the department's records, papers, files, or communications. An offense under this subsection is a Class A misdemeanor.

Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.187, eff. April 2, 2015.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2015–2025 · leading case: Ken Paxton, in His Off. Capacity as Attorney Gen. for the State of Texas & the Off. of the Attorney Gen. for the State of Texas v. Delia Garza, in Her Off. Capacity as Travis Cnty. Attorney; John Creuzot, in His Off. Capacity as Dallas Cnty. Crim. Dist. Attorney; & Brian Middleton, in His Off. Capacity as Dist. Attorney of Fort Bend Cnty. (268th Jud. Dist.) (Tex. App. 2025).
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Ken Paxton, in His Off. Capacity as Attorney Gen. for the State of Texas & the Off. of the Attorney Gen. for the State of Texas v. Delia Garza, in Her Off. Capacity as Travis Cnty. Attorney; John Creuzot, in His Off. Capacity as Dallas Cnty. Crim. Dist. Attorney; & Brian Middleton, in His Off. Capacity as Dist. Attorney of Fort Bend Cnty. (268th Jud. Dist.) (Tex. App. 2025). · cites it 2× “How does the production of the “case file” not violate the confidentiality of information obtained through interagency transfer (local, state, or federal) that is not subject to disclosure; or the confidentiality of criminal history information maintained by the Department of…”
Francisco Matamoros v. State (Tex. App. 2015). “); TEX. HUM. RES. CODE ANN. § 40.005 not remember what happened.”
— Tex. Hum. Res. Code § 40.005(e) — 1 case
Ken Paxton, in His Off. Capacity as Attorney Gen. for the State of Texas & the Off. of the Attorney Gen. for the State of Texas v. Delia Garza, in Her Off. Capacity as Travis Cnty. Attorney; John Creuzot, in His Off. Capacity as Dallas Cnty. Crim. Dist. Attorney; & Brian Middleton, in His Off. Capacity as Dist. Attorney of Fort Bend Cnty. (268th Jud. Dist.) (Tex. App. 2025). “How does the production of the “case file” not violate the confidentiality of information obtained through interagency transfer (local, state, or federal) that is not subject to disclosure; or the confidentiality of criminal history information maintained by the Department of…”
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