Section 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.Tex. Health and Safety Code § 1101.153
Added by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 324,Sec. 20.002, eff. 9/1/2017.