By Moncrief                                           S.B. No. 1590
         77R3912 DLF-F                           
                                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.  Sections 32.021(i) and (k), Human Resources Code,
 1-7     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 may be
1-12     introduced into evidence in a civil action, enforcement action, or
1-13     related proceeding if the record is otherwise admissible under the
1-14     Texas Rules of Evidence [has violated a standard for participation
1-15     in the state Medicaid program, or the assessment of a monetary
1-16     penalty by the department or the payment of a monetary penalty by
1-17     the institution, is not admissible as evidence in a civil action to
1-18     prove that the institution has committed a violation].
1-19           (k)  A department surveyor or investigator may testify in a
1-20     civil action as to observations, factual findings, conclusions, or
1-21     violations of requirements for licensure or for certification for
1-22     participation in the state Medicaid program that were made in the
1-23     discharge of official duties for the department, if the testimony
1-24     is otherwise admissible under [in accordance with] the Texas Rules
 2-1     of [Civil] Evidence.
 2-2           SECTION 2.  Section 32.021(j), Human Resources Code, is
 2-3     repealed.
 2-4           SECTION 3.  This Act applies only to a civil action,
 2-5     enforcement action, or related proceeding that is commenced on or
 2-6     after the effective date of this Act.  A civil action, enforcement
 2-7     action, or related proceeding that is commenced before the
 2-8     effective date of this Act is governed by the law applicable to the
 2-9     action or proceeding immediately before the effective date of this
2-10     Act, and that law is continued in effect for that purpose.
2-11           SECTION 4.  This Act takes effect immediately if it receives
2-12     a vote of two-thirds of all the members elected to each house, as
2-13     provided by Section 39, Article III, Texas Constitution.  If this
2-14     Act does not receive the vote necessary for immediate effect, this
2-15     Act takes effect September 1, 2001.