SRC-CTC S.B. 1590 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1590
77R3912 DLF-FBy: Moncrief
Health & Human Services
3/26/2001
As Filed


DIGEST AND PURPOSE 

Currently, the admissibility of certain Department of Human Services
(department) documents is unclear, confusing, and not uniformly applied in
civil trials.  As proposed, S.B. 1590 amends the Human Resources Code to
state that any department document that is otherwise admissible under the
Texas Rules of Evidence is also admissible in a civil trial. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 32.021(i) and (k), Human Resources Code, to
authorize a record of the Health and Human Services Commission or an agency
operating part of the medical 
assistance program (department), including a record of a department survey,
complaint investigation, or survey report, that relates to an institution
to be introduced into evidence in a civil action, enforcement action, or
related proceeding if the record is otherwise admissible under the Texas
Rules of Evidence. Deletes wording relating to an exception to this
subsection and inadmissability of certain documents. Makes conforming
changes. 

SECTION 2.  Repealer: Section 32.021(j), Human Resources Code.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: upon passage or September 1, 2001.