Texas 2023 - 88th Regular

Texas Senate Bill SB401 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 401
2	2
3	3
4	4	AN ACT
5	5	relating to prices charged by a medical staffing services agency
6	6	during certain designated public health disaster periods;
7	7	providing a civil penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
10	10	amended by adding Chapter 81B to read as follows:
11	11	CHAPTER 81B. PRICE GOUGING OF MEDICAL STAFFING SERVICES DURING
12	12	DESIGNATED PUBLIC HEALTH DISASTER PERIOD
13	13	Sec. 81B.001. DEFINITION. In this chapter, "designated
14	14	public health disaster period" means a period:
15	15	(1) based on a threat to the public health, including a
16	16	threat from:
17	17	(A) a chemical, biological, explosive, nuclear,
18	18	or radiological attack or incident; or
19	19	(B) a communicable disease, epidemic, or
20	20	pandemic;
21	21	(2) beginning on the earlier of the date:
22	22	(A) the governor issues a proclamation or
23	23	executive order declaring a state of disaster under Chapter 418,
24	24	Government Code, for any area of this state;
25	25	(B) the president of the United States declares a
26	26	state of disaster that includes an area of this state as part of the
27	27	federally declared disaster area; or
28	28	(C) a disaster described by Paragraph (A) or (B)
29	29	occurs; and
30	30	(3) ending on the 30th day after the date the disaster
31	31	declaration expires or is terminated.
32	32	Sec. 81B.002. APPLICABILITY. This chapter applies only to
33	33	a medical staffing services agency that provides the following
34	34	health care professionals to fill vacancies or address temporary
35	35	staffing needs during a designated public health disaster period:
36	36	(1) physician assistants licensed under Chapter 204,
37	37	Occupations Code;
38	38	(2) surgical assistants licensed under Chapter 206,
39	39	Occupations Code;
40	40	(3) nurses licensed under Chapter 301, Occupations
41	41	Code; or
42	42	(4) nurse aides listed in the nurse aide registry
43	43	under Chapter 250.
44	44	Sec. 81B.003. PROHIBITED PRICE GOUGING DURING DESIGNATED
45	45	PUBLIC HEALTH DISASTER PERIOD. During a designated public health
46	46	disaster period, a medical staffing services agency to which this
47	47	chapter applies may not, in an area subject to the declared state of
48	48	disaster:
49	49	(1) provide medical staffing services to a health care
50	50	organization or other entity in this state at an exorbitant or
51	51	excessive price; or
52	52	(2) demand or charge an exorbitant or excessive price
53	53	to provide medical staffing services to a health care organization
54	54	or other entity in this state.
55	55	Sec. 81B.004. CIVIL PENALTY; INJUNCTION. (a) A medical
56	56	staffing services agency that violates this chapter is subject to a
57	57	civil penalty in an amount not to exceed $10,000 for each violation.
58	58	(b) The consumer protection division of the office of the
59	59	attorney general may bring an action in the name of the state to:
60	60	(1) recover a civil penalty under this section; or
61	61	(2) temporarily or permanently restrain or enjoin the
62	62	person from violating this chapter.
63	63	(c) The consumer protection division of the office of the
64	64	attorney general may recover reasonable expenses incurred in
65	65	obtaining a civil penalty under this section, including court
66	66	costs, reasonable attorney's fees, expert witness fees, deposition
67	67	expenses, and investigatory costs.
68	68	(d) An action under this section may be brought:
69	69	(1) in a district court of the county in which:
70	70	(A) the defendant resides;
71	71	(B) the defendant's principal place of business
72	72	is located;
73	73	(C) the defendant conducts business; or
74	74	(D) the transaction giving rise to the claim
75	75	occurred; or
76	76	(2) on the consent of the parties, in a district court
77	77	of Travis County.
78	78	SECTION 2. The changes in law made by this Act apply only to
79	79	an act that occurs on or after the effective date of this Act. An
80	80	act that occurs before the effective date of this Act is governed by
81	81	the law in effect on the date the act occurred, and the former law is
82	82	continued in effect for that purpose.
83	83	SECTION 3. This Act takes effect September 1, 2023.
84	84	______________________________ ______________________________
85	85	President of the Senate Speaker of the House
86	86	I hereby certify that S.B. No. 401 passed the Senate on
87	87	April 3, 2023, by the following vote: Yeas 31, Nays 0; and that
88	88	the Senate concurred in House amendment on May 25, 2023, by the
89	89	following vote: Yeas 31, Nays 0.
90	90	______________________________
91	91	Secretary of the Senate
92	92	I hereby certify that S.B. No. 401 passed the House, with
93	93	amendment, on May 23, 2023, by the following vote: Yeas 128,
94	94	Nays 15, two present not voting.
95	95	______________________________
96	96	Chief Clerk of the House
97	97	Approved:
98	98	______________________________
99	99	Date
100	100	______________________________
101	101	Governor