The Texas Court of Appeals said that the Texas Crime Stoppers statute in Chapter 414 of the Texas Government Code was”unconstitutional as applied”. What does this mean?
It means that the statute, as used in the Hinterlong case is contrary to and violates the Constitution of the State of Texas. Though constitutional on its face, it was unconstitutional as applied because of its discriminatory effect, i.e. it was used to deny Hinterlong effective access to the civil courts because it did not provide a discovery process for him to attempt to obtain information and records. Back to List / Back to Top Does the Texas statute need to be amended by the Texas Legislature? While the statute can still be used by the courts, the trial courts will be included to follow the same in-camera process ordered by the appellate court in Hinterlong. This is similar to the process used by the criminal courts in Texas in the interim period between the time of the Thomas decision and the amending of the Crime Stoppers statute to provide for an in-camera process. A legislative bill was drafted which corrects the problem by creating an in-camera process applicable in both crimi
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