Concurring by:
PHIL HARDBERGER, Chief Justice.PHIL HARDBERGER, Chief Justice, concurring.
I agree with the majority’s reasoning with regard to Dr. Seals. Dr. Seals was properly “de-designated,” and the trial court abused its discretion in ordering his deposition. I also agree that Dr. Gross-man’s calendars are not discoverable.
With regard to Dr. Grossman’s income tax schedules, however, I believe the majority addresses an issue that is not necessary to the resolution of this proceeding. I also believe the majority could be incorrect in the proper case. The majority concludes that rule 192.3(e)(5) of the new discovery rules, which permits a party to discover any bias of a testifying witness, did not overrule the Supreme Court’s holding in Russell v. Young, 452 S.W.2d 434 (Tex.1970).
One well-known commentator believes that rule 192.3 “probably may” overrule Russell. SeeMiCHOL O’Connoe, et al., O’ConnoR’s Texas Rules Civil TRials 309 (1999); see also Sam Johnson, Scope of Discovery Under the 1999 Revisions to the Texas Discovery Rules, Univ. Hous. Law Found., Civil Discovery UndeR the New Rules C, C-9 (1998) (describing change in rule concerning evidence of expert bias and concluding documents to impeach expert may be discovered upon showing of special circumstances indicating impeachment is possible). I would agree with these commentators that a serious question exists as to whether the broad language in Russell remains the absolute law. I concur in the result the majority reaches, though, not because of the language in Russell, but because the trial court in this case failed to explore other methods of obtaining the information contained in Dr. Grossman’s income tax schedules before ordering their production. See El Centro del Barrio, Inc. v. Barlow, 894 S.W.2d 775, 780 (Tex.App.—San Antonio 1994, orig. proceeding) (stating tax returns are not material if the same information can be obtained from another source); see also Olinger v. Curry, 926 S.W.2d 832, 834-35 (Tex.App.—Fort Worth 1996, orig. proceeding) (holding tax returns not discoverable where doctor admitted to potential bias in deposition); Kern v. Gleason, 840 S.W.2d 730, 738 (Tex.App.—Amarillo 1992, orig. proceeding) (asserting party seeking production must show information unavailable from another source). Less intrusive methods for the discovery of bias exist, such as through depositions as demonstrated in Olinger. Protection of privacy is of constitutional importance, and a trial court abuses its discretion by requiring the disclosure of tax returns when the same information can be obtained from another source. Sears, Roebuck & Co. v. Ramirez, 824 S.W.2d 558, 559 (Tex.1992); El Centro del Barrio, Inc., 894 S.W.2d at 780.
In this case, there was no showing that the information the plaintiffs sought to obtain was unavailable from another *508source, or that the other potential sources of such information, i.e, interrogatories, requests for admission, depositions, etc., had been pursued before seeking discovery of the tax returns. Since the trial court failed to explore other methods of obtaining the information, it abused its discretion, and there is no need to determine whether rule 192.3(e)(5) overrules Russell and its progeny. Because I believe the majority addresses an important issue that is not necessary for the resolution of this proceeding, I concur in the granting of mandamus relief but not the language of the majority’s opinion.