Amend CSSB 93 in SECTION 1 of the bill, immediately following
proposed Section 247.048, Health and Safety Code (Committee
Printing, page 9, between lines 32 and 33), by inserting the
following:
      Sec. 247.049.  USE OF REGULATORY REPORTS AND DOCUMENTS. (a)
Except as otherwise provided by this section, a report or other
document prepared  by the department that relates to regulation of
an assisted living facility is not admissible as evidence in a
civil action to prove that the facility violated a standard
prescribed under this chapter.
      (b)  Subsection (a)  does not:
            (1)  apply to the admissibility as evidence of
department reports or other documents in an enforcement action in
which the state or an agency or political subdivision of the state
is a party, including:
                  (A)  an action seeking injunctive relief under
Section 247.044;
                  (B)  an action seeking imposition of a civil
penalty under Section 247.045; and
                  (C)  a contested case hearing involving denial,
suspension, or revocation of a license issued under this chapter;
            (2)  apply to the admissibility as evidence of
department reports or other documents that are offered:
                  (A)  to establish warning or notice to an
assisted living facility of a relevant department determination; or
                  (B)  under any rule or evidentiary predicate of
the Texas Rules of Evidence;
            (3)  prohibit or limit the testimony of a department
employee, in accordance with the Texas Rules of Evidence, as to
observations, factual findings, conclusions, or determinations that
an assisted living facility violated a standard prescribed under
this chapter if the observations, factual findings, conclusions, or
determinations were made in the discharge of the employee's
official duties for the department; or
            (4)  prohibit or limit the use of department reports or
other documents in depositions or other forms of discovery
conducted in connection with a civil action if use of the reports
or other documents appears reasonably calculated to lead to the
discovery of admissible evidence.