Tex. Health & Safety Code Section 1101.153
Burden of Proof with Respect to Voluntary Disclosure

(a)

In a civil or administrative enforcement action brought against a person for a violation for which the person claims to have made a voluntary disclosure, the person claiming the immunity created by this subchapter has the burden of establishing a prima facie case that the disclosure was voluntary.

(b)

After the person claiming the immunity establishes a prima facie case of voluntary disclosure, other than a case in which immunity does not apply under Section 1101.157 (Exception to Immunity: Certain Violations and Offenses; Imposition of Penalty; Mitigating Factors), the enforcement authority has the burden of rebutting the presumption by a preponderance of the evidence.

Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.

Source: Section 1101.153 — Burden of Proof with Respect to Voluntary Disclosure, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.1101.htm#1101.153 (accessed Dec. 2, 2023).

1101.001
Short Title 1101.002
Purpose 1101.003
Definitions 1101.004
Applicability 1101.005
Relationship to Other Recognized Privileges 1101.051
Audit Report 1101.052
Period for Completion of Audit 1101.053
Continuation of Audit Begun Before Acquisition Closing Date 1101.101
Scope of Privilege 1101.102
Nonprivileged Materials 1101.103
Exception: Waiver 1101.104
Exception: Disclosure Required by Court or Administrative Hearings Official 1101.105
Review of Privileged Documents by Governmental Authority 1101.151
Immunity for Violation Voluntarily Disclosed 1101.152
Nature of Voluntary Disclosure 1101.153
Burden of Proof with Respect to Voluntary Disclosure 1101.154
Notice Requirement 1101.155
Notice Requirement for Certain Audits Begun Before Acquisition Closing Date 1101.156
Identification of Violation in Compliance History Report 1101.157
Exception to Immunity: Certain Violations and Offenses 1101.158
Exception to Immunity: Violations that Constitute Pattern of Disregard of Environmental or Health and Safety Laws

Accessed:
Dec. 2, 2023

§ 1101.153’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._health_and_safety_code_section_1101.153

Original Source: Section 1101.153 — Burden of Proof with Respect to Voluntary Disclosure, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.1101.htm#1101.153 (last accessed Dec. 2, 2023).