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.