Amend CSSB 94 as follows:
      (1)  In SECTION 8 of the bill (Committee Printing, page 6,
lines 43 and 44), strike "142.0092, and 142.0093" and substitute
"142.0092, 142.0093, and 142.0094".
      (2)  In SECTION 8 of the bill, immediately following proposed
Section 142.0093, Health and Safety Code (Committee Printing, page
7, between lines 12 and 13), insert the following:
      Sec. 142.0094.  USE OF REGULATORY SURVEY REPORTS AND OTHER
DOCUMENTS. (a)  Except as otherwise provided by this section, a
survey report or other document prepared by the department that
relates to regulation of a home and community support services
agency is not admissible as evidence in a civil action to prove
that the agency violated a standard prescribed under this chapter.
      (b)  Subsection (a) does not:
            (1)  apply to the admissibility as evidence of
department survey 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 142.013;
                  (B)  an action seeking imposition of a civil
penalty under Section 142.014;
                  (C)  a contested case hearing involving
imposition of an administrative penalty under Section 142.017; and
                  (D)  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 survey reports or other documents that are offered:
                  (A)  to establish warning or notice to a home and
community support services agency 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
a home and community support services agency 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 survey
reports or other documents in depositions or other forms of
discovery conducted in connection with a civil action if use of the
survey reports or other documents appears reasonably calculated to
lead to the discovery of admissible evidence.