Texas Health and Safety Code

§ 247.049 — USE OF REGULATORY REPORTS AND DOCUMENTS

HS § 247.049Title 4. HEALTH FACILITIES · Part B. LICENSING OF HEALTH FACILITIES · Ch. 247. ASSISTED LIVING FACILITIES · Art. C. GENERAL ENFORCEMENT

Statute text

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(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;

(B)an action seeking imposition of a civil penalty under Section 247.045;

(C)a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter; and

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Legislative history

Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1248, Sec. 9, eff. Sept. 1, 2001.