Understanding Subpoenas - Texas Council on Family Violence

III. QUASHING THE SUBPOENA 33quash the subpoena based on the broader considerations of public policy and as afunction of its gate keeper function in determining what information should enterinto the litigation.Educate the court on why the agency cannot comply with the subpoena. Other lawsprotect victim communications from disclosure, such as <strong>Texas</strong>’ law protectinginformation about victims of sexual assault. 42 Persuasive authority might includeinformation about other nondisclosure provisions, the mission of the agency, theimperative of client safety, and an explanation of how both the agency and clientwould be compromised by the disclosure of sensitive information.2. <strong>Texas</strong>’ Public Information Act (“PIA”) exception for sheltersThe <strong>Texas</strong> Public Information Act permits certain public information to be releasedwhen a request is made pursuant to the Act. The act contains specific exceptions todisclosure for family crisis centers if the information relates to:• The home address, home telephone number, or social security number of anemployee or a volunteer worker;• The location or physical layout of a family violence shelter center;• The name, home address, home telephone number, or numeric identifier ofa current or former client of a family violence shelter or sexual assaultprogram;• The provision of services, including counseling and sheltering, to a currentor former client of family violence shelter center or sexual assault program;• The name, home address, or home telephone number of a private donor toa family violence shelter center or sexual assault program; or• The home address or home telephone number of a member of the board ofdirectors or the board of trustees of a family violence shelter center or sexualassault program. 43 UNDERSTANDING SUBPOENAS42 Tex. Health and Safety Code § 44.07143 Tex. Gov’t Code § 552.136 lists exceptions todisclosure.