In re Texas Alcoholic Beverage Commission

Summary

The Fifteenth Court of Appeals of Texas denied the Texas Alcoholic Beverage Commission’s petition for writ of mandamus challenging an order requiring production of certain TRACE investigation records concerning an alcohol-related fatal crash. The court held that the Commission had not shown a clear abuse of discretion, concluding that Texas Civil Practice and Remedies Code section 30.006 applied and that the Commission had not adequately addressed that statute or established that Texas Alcoholic Beverage Code section 5.48 barred discovery.

Holdings

1. TABC had no adequate appellate remedy because the trial court ordered production of information claimed to be privileged, but TABC failed to establish a clear abuse of discretion.
2. The court declined to hold that section 5.48 never applies to TRACE records, but held that TABC did not establish that section 5.48 barred production in this case. The statute applies by its text to private records of a permittee, licensee, or other person, while the TRACE investigative reports appeared to be records of TABC.
3. The statutes should be harmonized if possible, and section 30.006 applies to the discovery sought from TABC because TABC was not a party to the underlying civil action. Section 30.006 permits discovery after in camera inspection when the discovery is relevant and there is a specific need.

Questions Presented

1. Whether the district court clearly abused its discretion by ordering TABC to produce incident-specific TRACE investigation documents despite TABC's asserted privilege under Texas Alcoholic Beverage Code section 5.48.
2. Whether section 5.48 of the Texas Alcoholic Beverage Code creates a mandatory blanket privilege that supersedes the discovery limitations and exception in Texas Civil Practice and Remedies Code section 30.006.
3. Whether TABC had an adequate appellate remedy from the order compelling production of allegedly privileged information.

Disposition

writ_denied