Tracker record · Texas · Judgment
Office of the Attorney General v. PFLAG, Inc.
The Supreme Court of Texas held March 13, 2026 (No. 24-0892) that a DTPA civil investigative demand is closely analogous to civil discovery: the Attorney General needs only a reasonable belief that the recipient may have relevant material, and courts may not substitute their own view of whether the investigation will prove fruitful. The Court reversed the trial court's order protecting PFLAG and remanded to Travis County district court for further proceedings, directing production of specified categories (contingency plans or alternative care options, provider referrals and lists, communications with identified health care providers, and records tied to the executive director's affidavit comments) while holding other requests were not clearly relevant and need not be produced. The opinion retains judicial limits: a CID remains subject to the usual discovery objections, including privilege and burden, and constitutional limits; a trial court would have good cause to set aside a CID where the office proffers no reasonable explanation. The office also agreed to allow redactions to preserve the anonymity of families or children named in the documents.
Status
- Legal status
- Decided March 13, 2026; reversed and remanded (Decided March 13, 2026, Supreme Court of Texas, No. 24-0892; DTPA CID subject to 'reasonable belief' standard; protective order reversed; remanded to Travis County district court; privilege and discovery objections preserved)
- Allegation or finding
- Finding or order
- Applicability
- Construes DTPA ยง17.61
- Enforceability
- Binding Texas Supreme Court precedent
- Procedural posture
- Reversed and remanded March 13, 2026; production ordered as tailored by the Court; case returned to Travis County district court for further proceedings
- Law checked through
- October 12, 2026
- Primary source
- Opinion, txcourts.gov; Texas AG release, March 16, 2026
- Citation
- Office of the Attorney General v. PFLAG, Inc., No. 24-0892 (Tex. Mar. 13, 2026)
- Court
- Supreme Court of Texas
- Docket
- No. 24-0892
- Source
- Opinion, txcourts.gov; Texas AG release, March 16, 2026