Opinion No.

Honorable Dennis R. Jones Commissioner Texas Department of Mental Health and Mental Retardation P.O. Box 12668 Austin, Texas 78711-2668

Re: Effect of amendment to rules of criminal evidence in production of clinical records (RQ-1716)

Dear Mr. Jones:

You ask a number of questions relative to the effect of Rule 509 of the Texas Rules of Criminal Evidence on subpoenaes for production of Texas Department of Mental Health and Mental Retardation client's clinical records.

The Texas Rules of Criminal Evidence were promulgated by the Court of Criminal Appeals in conformity with legislation authorizing…