Sec. 1101.153. BURDEN OF PROOF WITH RESPECT TO VOLUNTARY DISCLOSURE. (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.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
Structure Texas Statutes
Title 13 - Environmental, Health, and Safety Audit Privilege Act
Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act
Subchapter D. Voluntary Disclosure; Immunity
Section 1101.151. Immunity for Violation Voluntarily Disclosed
Section 1101.152. Nature of Voluntary Disclosure
Section 1101.153. Burden of Proof With Respect to Voluntary Disclosure
Section 1101.154. Notice Requirement
Section 1101.155. Notice Requirement for Certain Audits Begun Before Acquisition Closing Date
Section 1101.156. Identification of Violation in Compliance History Report