Tex.
Health & Safety Code Section 247.049
Use of Regulatory Reports and Documents
(a)
Except as otherwise provided by this section, a report or other document prepared by the department that relates to regulation of an assisted living facility is not admissible as evidence in a civil action to prove that the facility violated a standard prescribed under this chapter.(b)
Subsection (a) does not:(1)
bar the admission into evidence of department 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 247.044 (Injunction);(B)
an action seeking imposition of a civil penalty under Section 247.045 (Civil Penalties);(C)
a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter; and(D)
an action seeking imposition of an administrative penalty under this subchapter;(2)
bar the admission into evidence of department reports or other documents that are offered:(A)
to establish warning or notice to an assisted living facility 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 an assisted living facility 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 reports or other documents in depositions or other forms of discovery conducted in connection with a civil action if use of the reports or other documents appears reasonably calculated to lead to the discovery of admissible evidence.
Source:
Section 247.049 — Use of Regulatory Reports and Documents, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.247.htm#247.049 (accessed Jun. 5, 2024).
