By:  Moncrief                                         S.B. No. 1590
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the admissibility of evidence relating to certain Texas
 1-3     Department of Human Services investigations or surveys in certain
 1-4     actions or proceedings.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subsections (i) and (k), Section 32.021, Human
 1-7     Resources Code, are amended to read as follows:
 1-8           (i)  A record of the department, including a record of
 1-9     [Except as provided by Subsections (j) and (k),] a department
1-10     survey, complaint investigation, incident investigation, or survey
1-11     report, that relates to [documents that] an institution, including
1-12     an intermediate care facility for the mentally retarded, may be
1-13     introduced into evidence in a civil action, enforcement action, or
1-14     related proceeding if the record is admissible under the Texas
1-15     Rules of Evidence [has violated a standard for participation in the
1-16     state Medicaid program, or the assessment of a monetary penalty by
1-17     the department or the payment of a monetary penalty by the
1-18     institution, is not admissible as evidence in a civil action to
1-19     prove that the institution has committed a violation].
1-20           (k)  A department surveyor or investigator may testify in a
1-21     civil action as to observations, factual findings, conclusions, or
1-22     violations of requirements for licensure or for certification for
1-23     participation in the state Medicaid program that were made in the
1-24     discharge of official duties for the department, if the testimony
1-25     is admissible under [in accordance with] the Texas Rules of [Civil]
 2-1     Evidence.
 2-2           SECTION 2.  Subchapter B, Chapter 242, Health and Safety
 2-3     Code, is amended by adding Section 242.050 to read as follows:
 2-4           Sec. 242.050.  ADMISSIBILITY OF CERTAIN DOCUMENTS OR
 2-5     TESTIMONY.  Sections 32.021(i) and (k), Human Resources Code,
 2-6     govern the admissibility in a civil action against an institution
 2-7     of:
 2-8                 (1)  a record of the department described by Section
 2-9     32.021(i), Human Resources Code; or
2-10                 (2)  the testimony of a department surveyor or
2-11     investigator described by Section 32.021(k), Human Resources Code.
2-12           SECTION 3.  Subchapter B, Chapter 252, Health and Safety
2-13     Code, is amended by adding Section 252.045 to read as follows:
2-14           Sec. 252.045.  ADMISSIBILITY OF CERTAIN DOCUMENTS OR
2-15     TESTIMONY.  Sections 32.021(i) and (k), Human Resources Code,
2-16     govern the admissibility in a civil action against a facility of:
2-17                 (1)  a record of the department described by Section
2-18     32.021(i), Human Resources Code; or
2-19                 (2)  the testimony of a department surveyor or
2-20     investigator described by Section 32.021(k), Human Resources Code.
2-21           SECTION 4.  Subsection (j), Section 32.021, Human Resources
2-22     Code, is repealed.
2-23           SECTION 5.  This Act applies only to a civil action,
2-24     enforcement action, or related proceeding that is commenced on or
2-25     after the effective date of this Act.  A civil action, enforcement
2-26     action, or related proceeding that is commenced before the
 3-1     effective date of this Act is governed by the law applicable to the
 3-2     action or proceeding immediately before the effective date of this
 3-3     Act, and that law is continued in effect for that purpose.
 3-4           SECTION 6.  This Act takes effect immediately if it receives
 3-5     a vote of two-thirds of all the members elected to each house, as
 3-6     provided by Section 39, Article III, Texas Constitution.  If this
 3-7     Act does not receive the vote necessary for immediate effect, this
 3-8     Act takes effect September 1, 2001.