Texas 2025 - 89th Regular

Texas House Bill HB923 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R21564 AJA-D
2	2		By: Garcia Hernandez, Leach H.B. No. 923
	3	+	Substitute the following for H.B. No. 923:
	4	+	By: LaHood C.S.H.B. No. 923
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7	9		A BILL TO BE ENTITLED
8	10		AN ACT
9	11		relating to the Texas Medical Disclosure Panel.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 74.102, Civil Practice and Remedies
12	14		Code, is amended by amending Subsections (b), (c), (d), and (h) and
13	15		adding Subsections (f-1) and (i) to read as follows:
14	16		(b) The disclosure panel established herein is
15	17		administratively attached to the [Texas Department of] Health and
16	18		Human Services Commission. The commission [Texas Department of
17	19		Health], at the request of the disclosure panel, shall provide
18	20		administrative assistance to the panel; and the commission [Texas
19	21		Department of Health] and the disclosure panel shall coordinate
20	22		administrative responsibilities in order to avoid unnecessary
21	23		duplication of facilities and services. The commission [Texas
22	24		Department of Health], at the request of the panel, shall submit the
23	25		panel's budget request to the legislature. The panel shall be
24	26		subject, except where inconsistent, to the rules and procedures of
25	27		the commission [Texas Department of Health]; however, the duties
26	28		and responsibilities of the panel as set forth in this chapter shall
27	29		be exercised solely by the disclosure panel, and the executive
28	30		commissioner of the commission [board] or the commission [Texas
29	31		Department of Health] shall have no authority or responsibility
30	32		with respect to same.
31	33		(c) The disclosure panel is composed of 13 [nine] members,
32	34		with three members representing the public, at least one of whom has
33	35		a background in health literacy, three members licensed to practice
34	36		law in this state, at least one of whom has experience representing
35	37		patients and at least one of whom has experience representing
36	38		physicians or health care providers, and seven [six] members
37	39		licensed to practice medicine in this state. Members of the
38	40		disclosure panel shall be selected by the executive commissioner of
39	41		the Health and Human Services Commission [health].
40	42		(d) At the expiration of the term of each member of the
41	43		disclosure panel so appointed, the executive commissioner of the
42	44		Health and Human Services Commission shall select a successor, and
43	45		such successor shall serve for a term of six years, or until that
44	46		member's [his] successor is selected. Any member who is absent for
45	47		three consecutive meetings without the consent of a majority of the
46	48		disclosure panel present at each such meeting may be removed by the
47	49		executive commissioner at the request of the disclosure panel
48	50		submitted in writing and signed by the chairman. Upon the death,
49	51		resignation, or removal of any member, the executive commissioner
50	52		shall fill the vacancy by selection for the unexpired portion of the
51	53		term.
52	54		(f-1) The disclosure panel may not take any action requiring
53	55		a vote of the panel unless a majority of the members appointed to
54	56		serve on the panel as members licensed to practice medicine in this
55	57		state are in attendance at the meeting when the vote is taken.
56	58		(h) Employees of the [Texas Department of] Health and Human
57	59		Services Commission shall serve as the staff for the panel.
58	60		(i) When appointing panel members representing the public,
59	61		the executive commissioner of the Health and Human Services
60	62		Commission may not appoint a registered lobbyist, a health care
61	63		provider or the spouse of a health care provider, or a person who
62	64		works in any health care-related field, including health insurance.
63	65		The executive commissioner shall give preference to persons with
64	66		experience in advocating for the public interest.
65	67		SECTION 2. The heading to Section 74.103, Civil Practice
66	68		and Remedies Code, is amended to read as follows:
67	69		Sec. 74.103. DUTIES OF DISCLOSURE PANEL; LIMITATIONS ON
68	70		AUTHORITY.
69	71		SECTION 3. Section 74.103, Civil Practice and Remedies
70	72		Code, is amended by adding Subsection (e) to read as follows:
71	73		(e) The panel is not authorized to take any action that
72	74		changes the scope of practice authority of any physician or health
73	75		care provider.
74	76		SECTION 4. Not later than January 1, 2026, the executive
75	77		commissioner of the Health and Human Services Commission shall
76	78		appoint new members to the Texas Medical Disclosure Panel in
77	79		accordance with Section 74.102, Civil Practice and Remedies Code,
78	80		as amended by this Act.
79	81		SECTION 5. This Act takes effect September 1, 2025.