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


Senate Research CenterC.S.S.B. 1590
77R11056 DLF-FBy: Moncrief
Health & Human Services
3/30/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the admissibility of certain Department of Human Services
(department) documents is unclear, confusing, and not uniformly applied in
civil trials.  C.S.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,
including an intermediate care facility for the mentally retarded, to be
introduced into evidence in a civil action, enforcement action, or related
proceeding if the record is 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.  Amends Chapter 242B, Health and Safety Code, by adding Section
242.050, as follows: 

Sec. 242.050.  ADMISSIBILITY OF CERTAIN DOCUMENTS OR TESTIMONY. Provides
that Sections 32.021(i) and (k), Human Resources Code, govern the
admissibility of certain information in a civil action against an
institution. 

SECTION 3.  Amends Chapter 252B, Health and Safety Code, by adding Section
252.045, as follows: 

Sec. 252.045.  ADMISSIBILITY OF CERTAIN DOCUMENTS OR TESTIMONY. Provides
that Sections 32.021(i) and (k), Human Resources Code, govern the
admissibility of certain information in a civil action against a facility. 

SECTION 4.  Repealer: Section 32.021(j), Human Resources Code.

SECTION 5.  Makes application of this Act prospective.

SECTION 6.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Amends As Filed S.B. 1590 to include clarification of the types
of institutions to which  this section applies.  Makes a conforming change. 

SECTION 2.  Amends As Filed S.B. 1590 by adding Section 242.050, Health and
Safety Code, to provide that Sections 32.021(i) and (k), Human Resources
Code, govern the admissibility of certain information in a civil action
against an institution.  Redesignates proposed SECTION 2 as SECTION 4. 

SECTION 3.  Amends As Filed S.B. 1590 by adding Section 252.045, Health and
Safety Code, to provide that Sections 32.021(i) and (k), Human Resources
Code, govern the admissibility of certain information in a civil action
against a facility.  Redesignates proposed SECTION 3 as SECTION 5. 

SECTION 4.  Amends As Filed S.B. 1590 by redesignating SECTION 4 as SECTION
6.