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Amend Amendment 6 by Nixon to CSHB 4 (beginning on page 495,
amendment packet) as follows:
(1) On page 9 of the amendment, between lines 12 and 13, by
inserting the following:
(c) Notwithstanding any other provision of this section,
evidence described by Subsection (a) is admissible as evidence in a
civil action only if:
(1) the evidence relates to a material violation of a
standard or assessment of a monetary penalty with respect to:
(A) the particular incident which is the basis of
claim being brought;
(B) an incident comparable to the incident that
is the basis of the claim in the civil action; or
(C) the particular individual whose personal
injury is the basis of the claim being brought in the civil action;
and
(2) the violation of the standard or the violation
that resulted in the assessment of a monetary penalty is a proximate
cause of the injury that is the basis of the claim being brought in
the civil action.
(2) On page 9 of the amendment, between lines 22 and 23, by
inserting the following:
(c) Notwithstanding any other provision of this section,
evidence described by Subsection (a) is admissible as evidence in a
civil action only if:
(1) the evidence relates to a material violation of
this chapter or a rule adopted under this chapter or assessment of a
monetary penalty with respect to:
(A) the particular incident which is the basis of
claim being brought in the civil action; or
(B) the particular individual whose personal
injury is the basis of the claim being brought in the civil action;
and
(2) the violation of the chapter or rule or the
violation that resulted in the assessment of a monetary penalty is a
proximate cause of the injury that is the basis of the claim being
brought in the civil action.