Texas Health and Safety Code

§ 242.017 — ADMISSIBILITY OF CERTAIN EVIDENCE IN CIVIL ACTIONS

HS § 242.017Title 4. HEALTH FACILITIES · Part B. LICENSING OF HEALTH FACILITIES · Ch. 242. CONVALESCENT AND NURSING FACILITIES AND RELATED INSTITUTIONS · Art. A. GENERAL PROVISIONS

Statute text

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(a)The following are not admissible as evidence in a civil action:

(1)any finding by the department that an institution has violated this chapter or a rule adopted under this chapter; or

(2)the fact of the assessment of a penalty against an institution under this chapter or the payment of the penalty by an institution.

(b)This section does not apply in an enforcement action in which the state or an agency or political subdivision of the state is a party.

(c)Notwithstanding any other provision of this section, evidence described by Subsection (a) is admissible as evidence in a civil action only if:

(1)the evidence relates to a material violation of this chapter or a rule adopted under this chapter or assessment of a monetary penalty with respect to:

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Legislative history

Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(e), eff. September 28, 2011.