Sec. 242.045. DISCLOSURE OF UNANNOUNCED INSPECTIONS; CRIMINAL PENALTY. (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 AARP and the Texas Senior Citizen Association;
(4) an ombudsman or representative of the department;
(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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0610, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 242 - Convalescent and Nursing Facilities and Related Institutions
Subchapter B. Licensing, Fees, and Inspections
Section 242.031. License Required
Section 242.032. License or Renewal Application
Section 242.033. Issuance and Renewal of License
Section 242.0336. Temporary Change of Ownership License
Section 242.035. Licensing Categories
Section 242.037. Rules; Minimum Standards
Section 242.0371. Notice of Certain Employment Policies
Section 242.0373. Restraint and Seclusion
Section 242.038. Reasonable Time to Comply
Section 242.0385. Early Compliance Review
Section 242.039. Fire Safety Requirements
Section 242.0395. Registration With Texas Information and Referral Network
Section 242.0405. Notice of Alzheimer's Disease and Related Disorders Certification
Section 242.041. False Communication Concerning Certification; Criminal Penalty
Section 242.044. Unannounced Inspections
Section 242.0441. Follow-Up Inspections
Section 242.0442. Commission Evaluation of Regulatory Capacity
Section 242.0445. Reporting of Violations
Section 242.045. Disclosure of Unannounced Inspections; Criminal Penalty
Section 242.047. Accreditation Review to Satisfy Inspection or Certification Requirements
Section 242.048. Licensing Surveys
Section 242.049. Quality Improvement