Tex.
Health & Safety Code Section 142.0094
Use of Regulatory Survey Reports and Other Documents
(a)
Except as otherwise provided by this section, a survey report or other document prepared by the department that relates to regulation of a home and community support services agency is not admissible as evidence in a civil action to prove that the agency violated a standard prescribed under this chapter.(b)
Subsection (a) does not:(1)
bar the admission into evidence of department survey reports or other documents in an enforcement action in which the state or an agency or political subdivision of the state is a party, including:(A)
an action seeking injunctive relief under Section 142.013 (Injunction);(B)
an action seeking imposition of a civil penalty under Section 142.014 (Civil Penalty);(C)
a contested case hearing involving imposition of an administrative penalty under Section 142.017 (Administrative Penalty); and(D)
a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter;(2)
bar the admission into evidence of department survey reports or other documents that are offered:(A)
to establish warning or notice to a home and community support services agency of a relevant department determination; or(B)
under any rule or evidentiary predicate of the Texas Rules of Evidence;(3)
prohibit or limit the testimony of a department employee, in accordance with the Texas Rules of Evidence, as to observations, factual findings, conclusions, or determinations that a home and community support services agency violated a standard prescribed under this chapter if the observations, factual findings, conclusions, or determinations were made in the discharge of the employee’s official duties for the department; or(4)
prohibit or limit the use of department survey reports or other documents in depositions or other forms of discovery conducted in connection with a civil action if use of the survey reports or other documents appears reasonably calculated to lead to the discovery of admissible evidence.
Source:
Section 142.0094 — Use of Regulatory Survey Reports and Other Documents, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.142.htm#142.0094 (accessed May 4, 2024).
