Texas Supreme Court

In Re the City of Georgetown and George Russell

April 12, 200153 S.W.3d 328

Summary

The Texas Supreme Court held that the phrase "other law" in Tex. Gov't Code § 552.022 includes the Texas Rules of Civil Procedure and the Texas Rules of Evidence, so a consulting‑expert report protected by work‑product and consulting‑expert privileges is "expressly made confidential" and need not be disclosed. The Court also found the City had not waived those privileges and conditionally issued a writ of mandamus directing the trial court to vacate its order requiring disclosure. Justice HECHT concurred, emphasizing the proper procedural vehicle, while Justice ABBOTT dissented, arguing the majority rewrites the statute and that the privileges do not make the report confidential.