Tex. Health & Safety Code § 1101.153 · Subchapter D. VOLUNTARY DISCLOSURE; IMMUNITY
BURDEN OF PROOF WITH RESPECT TO VOLUNTARY DISCLOSURE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In a civil or administrative enforcement action brought against a person for a violation for which the person claims to have made a voluntary disclosure, the person claiming the immunity created by this subchapter has the burden of establishing a prima facie case that the disclosure was voluntary.
(b) After the person claiming the immunity establishes a prima facie case of voluntary disclosure, other than a case in which immunity does not apply under Section 1101.157, the enforcement authority has the burden of rebutting the presumption by a preponderance of the evidence.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.1101.htm
- Text hash
- sha256 154f2187387fd2422e3b7317bfefd23b0994d6679a22d4f0a8d06ef590ddc9e7
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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