Texas Health and Safety Code 755.046 – Affidavit of Orders
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Terms Used In Texas Health and Safety Code 755.046
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
An affidavit is admissible as evidence in any civil or criminal action involving an order adopted by the commission or the executive director and the publication of the order, without further proof of the order’s issuance or publication or of the contents of the order, if the affidavit:
(1) is issued under the seal of the commission or the executive director;
(2) is executed by the commission, the executive director, the chief inspector, or a deputy inspector;
(3) states the terms of the order;
(4) states that the order was issued and published; and
(5) states that the order was in effect during the period specified by the affidavit.