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Disclosure of Information
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Question: I received a phone call yesterday from a police officer. He is requesting information concerning a business checking account that was closed two weeks ago. I am not sure what information can be given to the officer without a subpoena. I looked in the Texas Finance Code, §277.003(a)(1) on disclosure of information on business checking accounts. Can you clarify this statute? The officer is asking if the individual is an authorized signer and what day the account was closed.
Answer: Texas Finance Code, §277.003, has nothing to do with this, and because this is probably a criminal investigation, it is exempt from Finance Code §59.006(a)(3), which governs the discovery of customer records. (FYI: Section 277.003(a)(1) applies to dishonored checks.) It is a good idea to get a subpoena to make sure that this is a legitimate investigation and that the police officer is actually a police officer. This is easier than trying to find out these things on your own. Then if you question the authenticity of the subpoena, you can always call the judge's office to see if it was actually issued by the judge.
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