| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the use of information and records acquired during a |
|
|
fatality review and investigation. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 672.009, Health and Safety Code, is |
|
|
amended by adding Subsection (e) to read as follows: |
|
|
(e) Information, documents, and records that are |
|
|
confidential as provided by this section are not subject to |
|
|
subpoena or discovery and may not be introduced into evidence in any |
|
|
civil or criminal proceeding. A document or other information that |
|
|
is otherwise available from another source is not protected from |
|
|
subpoena, discovery, or introduction into evidence under this |
|
|
subsection solely because the document or information was acquired |
|
|
by a review team in the exercise of its duties under this chapter. |
|
|
SECTION 2. The change in law made by this Act applies to a |
|
|
civil or criminal proceeding commenced on or after the effective |
|
|
date of this Act. A civil or criminal proceeding commenced before |
|
|
the effective date of this Act is governed by the law as it existed |
|
|
immediately before that date, and that law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2009. |
|
|
|
|
|
* * * * * |