Texas Health and Safety Code

§ 142.0094 — USE OF REGULATORY SURVEY REPORTS AND OTHER DOCUMENTS

HS § 142.0094Title 2. HEALTH · Part G. LICENSES AND OTHER REGULATION · Ch. 142. HOME AND COMMUNITY SUPPORT SERVICES · Art. A. HOME AND COMMUNITY SUPPORT SERVICES LICENSE

Statute text

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(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;

(B)an action seeking imposition of a civil penalty under Section 142.014;

(C)a contested case hearing involving imposition of an administrative penalty under Section 142.017; and

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Legislative history

Added by Acts 1999, 76th Leg., ch. 276, Sec. 8, eff. Sept. 1, 1999.