(a) Complaints signed by investigators. Investigators or other members of the staff, on instructions from the Commissioner, may sign complaints before appropriate district or county attorneys where there is sufficient evidence of a violation of the penal section of the Act and where no complaint of such violation has been made by any other person.
(b) Disclosure of testimony taken during an investigation. A deposition and all information received in connection with an investigation under §4007.053 of the Securities Act and all internal notes, memoranda, reports, or communications made in connection with an investigation under that section are treated as confidential by §4007.056 of the Securities Act. The provisions in the Securities Act against disclosure of confidential investigatory information prohibit the Commissioner and staff from permitting a witness in an investigative proceeding under §4007.053 to have a copy of his or her own statement, or permitting recorders or private court reporters to be present at any hearing or investigation. The Commissioner may not disclose confidential investigatory information in the Commissioner's possession except as authorized by the Securities Act and Board rule. This section may not be interpreted to prohibit or limit the publication of rulings or decisions of the Commissioner.

Source Note: The provisions of this §127.1 adopted to be effective January 1, 1976; amended to be effective April 7, 2024, 49 TexReg 2066