By Wohlgemuth H.B. No. 3437
77R6747 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the admissibility of certain evidence in civil actions
1-3 against nursing institutions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is
1-6 amended by adding Section 32.053 to read as follows:
1-7 Sec. 32.053. ADMISSIBILITY OF CERTAIN EVIDENCE RELATING TO
1-8 NURSING INSTITUTIONS. (a) Except as provided by Subsection (b),
1-9 the following are not admissible as evidence in a civil action:
1-10 (1) any finding by the department that an institution
1-11 licensed under Chapter 242, Health and Safety Code, has violated a
1-12 standard for participation in the medical assistance program under
1-13 this chapter; or
1-14 (2) the fact of the assessment of a monetary penalty
1-15 against an institution under Section 32.021 or the payment of the
1-16 penalty by an institution.
1-17 (b) A finding described by Subsection (a)(1) or the fact of
1-18 assessment or payment of a penalty described by Subsection (a)(2)
1-19 is admissible in a civil action only if:
1-20 (1) the finding or the assessment of the monetary
1-21 penalty has been affirmed by the entry of a final, adjudicated
1-22 order of the department, following formal appeal, that is not
1-23 otherwise subject to appeal;
1-24 (2) the finding or the assessment of the monetary
2-1 penalty directly involves a resident whose care is the subject of
2-2 the civil action in which the finding or fact is sought to be
2-3 admitted as evidence; and
2-4 (3) the finding or fact is otherwise admissible under
2-5 the Texas Rules of Evidence.
2-6 (c) This section does not apply in an enforcement action in
2-7 which the state or an agency or political subdivision of the state
2-8 is a party.
2-9 SECTION 2. Subchapter A, Chapter 242, Health and Safety Code,
2-10 is amended by adding Section 242.017 to read as follows:
2-11 Sec. 242.017. ADMISSIBILITY OF CERTAIN EVIDENCE IN CIVIL
2-12 ACTIONS. (a) Except as provided by Subsection (b), the following
2-13 are not admissible as evidence in a civil action:
2-14 (1) any finding by the department that an institution
2-15 has violated this chapter or a rule adopted under this chapter; or
2-16 (2) the fact of the assessment of a penalty against an
2-17 institution under this chapter or the payment of the penalty by an
2-18 institution.
2-19 (b) A finding described by Subsection (a)(1) or the fact of
2-20 assessment or payment of a penalty described by Subsection (a)(2)
2-21 is admissible in a civil action only if:
2-22 (1) the finding or the assessment of the penalty has
2-23 been affirmed by the entry of a final, adjudicated order of the
2-24 department, following formal appeal, that is not otherwise subject
2-25 to appeal;
2-26 (2) the finding or the assessment of the penalty
2-27 directly involves a resident whose care is the subject of the civil
3-1 action in which the finding or fact is sought to be admitted as
3-2 evidence; and
3-3 (3) the finding or fact is otherwise admissible under
3-4 the Texas Rules of Evidence.
3-5 (c) This section does not apply in an enforcement action in
3-6 which the state or an agency or political subdivision of the state
3-7 is a party.
3-8 SECTION 3. Sections 32.021(i), (j), and (k), Human Resources
3-9 Code, are repealed.
3-10 SECTION 4. (a) This Act is intended to emphasize the lack of
3-11 admissibility in a civil action of documents relating to:
3-12 (1) a survey, inspection, or investigation conducted
3-13 with respect to an institution that is licensed under Chapter 242,
3-14 Health and Safety Code; or
3-15 (2) the licensing of an institution under Chapter 242,
3-16 Health and Safety Code.
3-17 (b) The change in law made by this Act may not be construed
3-18 to mean that the documents described by Subsection (a) of this
3-19 section were admissible in civil actions before the effective date
3-20 of this Act.
3-21 SECTION 5. This Act takes effect immediately if it receives
3-22 a vote of two-thirds of all the members elected to each house, as
3-23 provided by Section 39, Article III, Texas Constitution. If this
3-24 Act does not receive the vote necessary for immediate effect, this
3-25 Act takes effect September 1, 2001.