Organizations often conduct probing self-studies to review internally existing policies, procedures, and business methods. Yet, despite an increasing social need for these studies, the Texas legislature has yet to construct a privilege designed to protect an organization from being harmed from these studies by adverse litigants. The self-critical analysis privilege, or SCAP, is an alluring, common law doctrine that protects the free flow of information sharing through an organization’s self-assessment. This Comment proposes a model statute for the codification of the SCAP for the consideration of the Texas legislature. This model statute is not a general codification of the privilege. Instead, the statute is meant to apply only to Texas’s Design-Build industry. This Comment discusses the significant policy considerations supporting the SCAP and analyzes case law to derive proper drafting language. Although this proposed model statute narrowly applies to Texas’s Design-Build industry, the hope is to have a workable statute that could apply to general products, oil and gas, and other property related industries.
Let Them Learn: Recognizing and Codifying a Design-Build Self-Critical Analysis Privilege in Texas,
Tex. A&M J. Prop. L.
Available at: https://doi.org/10.37419/JPL.V7.I2.4