88R443 AJA-F
By: Johnson of Dallas, Leach H.B. No. 148
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Medical Disclosure Panel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.102, Civil Practice and Remedies
Code, is amended by amending Subsections (b), (c), (d), and (h) and
adding Subsection (i) to read as follows:
(b) The disclosure panel established herein is
administratively attached to the [Texas Department of] Health and
Human Services Commission. The commission [Texas Department of
Health], at the request of the disclosure panel, shall provide
administrative assistance to the panel; and the commission [Texas
Department of Health] and the disclosure panel shall coordinate
administrative responsibilities in order to avoid unnecessary
duplication of facilities and services. The commission [Texas
Department of Health], at the request of the panel, shall submit the
panel's budget request to the legislature. The panel shall be
subject, except where inconsistent, to the rules and procedures of
the commission [Texas Department of Health]; however, the duties
and responsibilities of the panel as set forth in this chapter shall
be exercised solely by the disclosure panel, and the executive
commissioner of the commission [board] or the commission [Texas
Department of Health] shall have no authority or responsibility
with respect to same.
(c) The disclosure panel is composed of 11 [nine] members,
with two members representing the public, at least one of whom has a
background in health literacy, three members licensed to practice
law in this state, at least one of whom is board certified in
personal injury trial law by the Texas Board of Legal
Specialization and at least one of whom is board certified in health
law by the Texas Board of Legal Specialization, and six members
licensed to practice medicine in this state. Members of the
disclosure panel shall be selected by the executive commissioner of
the Health and Human Services Commission [health].
(d) At the expiration of the term of each member of the
disclosure panel so appointed, the executive commissioner of the
Health and Human Services Commission shall select a successor, and
such successor shall serve for a term of six years, or until that
member's [his] successor is selected. Any member who is absent for
three consecutive meetings without the consent of a majority of the
disclosure panel present at each such meeting may be removed by the
executive commissioner at the request of the disclosure panel
submitted in writing and signed by the chairman. Upon the death,
resignation, or removal of any member, the executive commissioner
shall fill the vacancy by selection for the unexpired portion of the
term.
(h) Employees of the [Texas Department of] Health and Human
Services Commission shall serve as the staff for the panel.
(i) When appointing panel members representing the public,
the executive commissioner of the Health and Human Services
Commission may not appoint a registered lobbyist, a health care
provider or the spouse of a health care provider, or a person who
works in any health care-related field, including health insurance.
The executive commissioner shall give preference to persons with
experience in advocating for the public interest.
SECTION 2. Not later than January 1, 2024, the executive
commissioner of the Health and Human Services Commission shall
appoint new members to the Texas Medical Disclosure Panel in
accordance with Section 74.102, Civil Practice and Remedies Code,
as amended by this Act.
SECTION 3. This Act takes effect September 1, 2023.