Tex. Codes » Occupations Code · TITLE 5. REGULATION OF FINANCIAL AND LEGAL SERVICES · SUBTITLE A. FINANCIAL SERVICES · CHAPTER 901. ACCOUNTANTS
Texas Codes

Tex. Occ. Code § 901.160 (2026)

Availability And Confidentiality Of Certain Board Files

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Sec. 901.160. AVAILABILITY AND CONFIDENTIALITY OF CERTAIN BOARD FILES. (a) The board shall make available at the board's offices in Austin any file maintained or information gathered or received by the board from a third party regarding a license applicant or current or former license holder for inspection by the applicant or license holder during normal business hours.

(b) A license applicant or current or former license holder may authorize the board in writing to make available for inspection by a designated person or by the public any information gathered or received by the board from a third party regarding the applicant or license holder.

(c) Except on written authorization as provided by Subsection (b), the following information gathered or received by the board is confidential and not subject to disclosure under Chapter 552, Government Code:

(1) information regarding the qualifications of an applicant or license holder to be certified as a certified public accountant;

(2) information regarding the qualifications of an applicant or firm license holder to be issued a firm license as a certified public accountancy firm; and

(3) information regarding a disciplinary action under Subchapter K against a license holder or an applicant to take the uniform CPA examination, before a public hearing on the matter.

(d) A final order of the board relating to a disciplinary action against a license holder, including a reprimand, that results from an informal proceeding or a formal public hearing is subject to disclosure to the public and is available on request.

(e) The board may disclose information that is confidential under this section to another governmental, regulatory, or law enforcement agency engaged in an enforcement action. The board by rule shall adopt guidelines to assist the board in exercising its authority to share information under this subsection. Subsections (a) and (c) do not apply to information disclosed under this subsection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1497, Sec. 8, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 525, Sec. 11, eff. Sept. 1, 2003.

Notes of Decisions
Cited in 2 cases, 2005–2006 · leading case: Newby v. Enron Corp., 443 F.3d 416 (5th Cir. 2006).
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Newby v. Enron Corp., 443 F.3d 416 (5th Cir. 2006). · cites it 2× “See TEX. OCC. CODE § 901.160. 2 The Board must keep information it gathers or receives regarding disciplinary actions confidential before a public hearing on the matter.”
Newby v. Enron Corp., 229 F.R.D. 126 (S.D. Tex. 2005). “No one has demonstrated an overriding property or privacy interest that should prevail over the Board’s need for access to the discovery process because such concern can be protected by this Court’s confidentiality orders, with which the Board is willing to comply, and by the…”
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