Sec. 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;
(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
(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.
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.
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