1-1 By: Moncrief S.B. No. 1590
1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 2, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 1; April 2, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1590 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the admissibility of evidence relating to certain Texas
1-11 Department of Human Services investigations or surveys in certain
1-12 actions or proceedings.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsections (i) and (k), Section 32.021, Human
1-15 Resources Code, are amended to read as follows:
1-16 (i) A record of the department, including a record of
1-17 [Except as provided by Subsections (j) and (k),] a department
1-18 survey, complaint investigation, incident investigation, or survey
1-19 report, that relates to [documents that] an institution, including
1-20 an intermediate care facility for the mentally retarded, may be
1-21 introduced into evidence in a civil action, enforcement action, or
1-22 related proceeding if the record is admissible under the Texas
1-23 Rules of Evidence [has violated a standard for participation in the
1-24 state Medicaid program, or the assessment of a monetary penalty by
1-25 the department or the payment of a monetary penalty by the
1-26 institution, is not admissible as evidence in a civil action to
1-27 prove that the institution has committed a violation].
1-28 (k) A department surveyor or investigator may testify in a
1-29 civil action as to observations, factual findings, conclusions, or
1-30 violations of requirements for licensure or for certification for
1-31 participation in the state Medicaid program that were made in the
1-32 discharge of official duties for the department, if the testimony
1-33 is admissible under [in accordance with] the Texas Rules of [Civil]
1-34 Evidence.
1-35 SECTION 2. Subchapter B, Chapter 242, Health and Safety
1-36 Code, is amended by adding Section 242.050 to read as follows:
1-37 Sec. 242.050. ADMISSIBILITY OF CERTAIN DOCUMENTS OR
1-38 TESTIMONY. Sections 32.021(i) and (k), Human Resources Code,
1-39 govern the admissibility in a civil action against an institution
1-40 of:
1-41 (1) a record of the department described by Section
1-42 32.021(i), Human Resources Code; or
1-43 (2) the testimony of a department surveyor or
1-44 investigator described by Section 32.021(k), Human Resources Code.
1-45 SECTION 3. Subchapter B, Chapter 252, Health and Safety
1-46 Code, is amended by adding Section 252.045 to read as follows:
1-47 Sec. 252.045. ADMISSIBILITY OF CERTAIN DOCUMENTS OR
1-48 TESTIMONY. Sections 32.021(i) and (k), Human Resources Code,
1-49 govern the admissibility in a civil action against a facility of:
1-50 (1) a record of the department described by Section
1-51 32.021(i), Human Resources Code; or
1-52 (2) the testimony of a department surveyor or
1-53 investigator described by Section 32.021(k), Human Resources Code.
1-54 SECTION 4. Subsection (j), Section 32.021, Human Resources
1-55 Code, is repealed.
1-56 SECTION 5. This Act applies only to a civil action,
1-57 enforcement action, or related proceeding that is commenced on or
1-58 after the effective date of this Act. A civil action, enforcement
1-59 action, or related proceeding that is commenced before the
1-60 effective date of this Act is governed by the law applicable to the
1-61 action or proceeding immediately before the effective date of this
1-62 Act, and that law is continued in effect for that purpose.
1-63 SECTION 6. This Act takes effect immediately if it receives
1-64 a vote of two-thirds of all the members elected to each house, as
2-1 provided by Section 39, Article III, Texas Constitution. If this
2-2 Act does not receive the vote necessary for immediate effect, this
2-3 Act takes effect September 1, 2001.
2-4 * * * * *