Tex. Civ. Prac. & Rem. Code § 140A.055 · Subchapter B. PROCEDURES AND EVIDENCE
PETITION FOR ORDER MODIFYING OR SETTING ASIDE DEMAND.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) At any time before the return date specified in a civil investigative demand or not later than the 30th day after the date the demand was served, whichever period is shorter, the person who has been served, and in the case of a demand for a product of discovery the person from whom the discovery was obtained, may file a petition for an order modifying or setting aside the demand in the district court in the county of the person's residence or principal office or place of business or a district court of Travis County. The petition must specify each ground upon which the petitioner relies in seeking the relief sought. The petition may be based on any failure of a demand to comply with the provisions of this subchapter or on any constitutional or other legal right or privilege of the petitioner.
(b) The petitioner shall serve a copy of the petition on the attorney general in accordance with Section 140A.054. The attorney general may submit an answer to the petition.
(c) In ruling on the petition under this section, the court shall presume absent evidence to the contrary that the attorney general issued the demand in good faith and within the scope of the attorney general's authority.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.140A.htm
- Text hash
- sha256 f437823ac3743f559871ee73ed416f0e29e1ae07b87c498421fd00fd3f9a2c72
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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Civil Practice and Remedies Code
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