| (a) Notwithstanding any other provision in this subchapter,
DFPS must not disclose any record or information which, if released
to the requester, would:
(1) interfere with an ongoing criminal investigation
or prosecution; or
(2) in the judgment of DFPS, the release of that information
would endanger the life or safety of any person. DFPS will keep a
record of any information not released and must document why the information
would be likely to endanger the life or safety of a person. Information
withheld from a requester under this subsection, as well as the reason
for withholding information under this subsection, must be released
only upon a court order pursuant to the provisions in Texas Human
Resources Code, §48.101(c).
(b) Notwithstanding any other provision in this subchapter,
if any party has sued DFPS and DFPS determines that the release of
the requested records might interfere with its defense of that litigation,
DFPS may require that a requester seek access to records under the
appropriate rules of civil procedure rather than this subchapter.
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