Sec. 242.045. DISCLOSURE OF UNANNOUNCED INSPECTIONS; CRIMINAL PENALTY  


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  • (a) Except as expressly provided by this chapter, a person commits an offense if the person intentionally, knowingly, or recklessly discloses to an unauthorized person the date, time, or any other fact about an unannounced inspection of an institution before the inspection occurs.

    (b) In this section, "unauthorized person" does not include:

    (1) the department;

    (2) the office of the attorney general;

    (3) a statewide organization for the elderly, including the American Association of Retired Persons, the Texas Senior Citizen Association, and the Texas Retired Federal Employees;

    (4) an ombudsman or representative of the Texas Department on Aging;

    (5) a representative of an agency or organization when a Medicare or Medicaid survey is made concurrently with a licensing inspection; or

    (6) any other person or entity authorized by law to make an inspection or to accompany an inspector.

    (c) An offense under this section is a third degree felony.

    (d) A person convicted under this section is not eligible for state employment.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.11, eff. Sept. 1, 1997.