BILL ANALYSIS S.B. 463 By: Campbell Human Services Committee Report (Unamended) BACKGROUND AND PURPOSE During the 88th Regular Session, the Texas Legislature passed S.B. 240, which directed the establishment of workplace violence committees and prevention policies and plans. S.B. 240 allowed certain health facilities to have the flexibility to adopt, implement, and enforce policies and plans that will streamline incident reporting systems and processes, encourage nurses and other health care workers to report incidents of violence, and ensure that victims receive the treatment that they need. The legislation defined facilities to include hospitals, mental health hospitals, freestanding emergency care facilities, ambulatory surgical centers, nursing facilities, and certain home and community support agency facilities. However, the bill sponsor has informed the committee that since the legislation's passage, concerns have been raised by some home and community support agencies that S.B. 240 did not encompass all such agencies because of the limitation within the definition of those agencies, leaving some nurses at these facilities outside the scope of the bill. S.B. 463 seeks to address this issue by clarifying the definition of facility with respect to certain workplace violence prevention requirements. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS S.B. 463 amends the Health and Safety Code to revise the definition of "facility" for purposes of workplace violence prevention requirements as follows: removes the specification that the purpose of a home and community support services agency licensed or licensed and certified under applicable state law that employs at least two registered nurses and is considered as such a facility is to provide home health services, as defined by that state law; and includes in the definition: o a state-licensed intermediate care facility for individuals with an intellectual disability; and o a state supported living center. The bill requires a home and community support services agency, intermediate care facility for individuals with an intellectual disability, or state supported living center that becomes subject to statutory provisions relating to workplace violence prevention pursuant to the bill's provisions to comply with the requirements of those provisions not later than September 1, 2026. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 463
By: Campbell
Human Services
Committee Report (Unamended)
S.B. 463
By: Campbell
Human Services
Committee Report (Unamended)
BACKGROUND AND PURPOSE During the 88th Regular Session, the Texas Legislature passed S.B. 240, which directed the establishment of workplace violence committees and prevention policies and plans. S.B. 240 allowed certain health facilities to have the flexibility to adopt, implement, and enforce policies and plans that will streamline incident reporting systems and processes, encourage nurses and other health care workers to report incidents of violence, and ensure that victims receive the treatment that they need. The legislation defined facilities to include hospitals, mental health hospitals, freestanding emergency care facilities, ambulatory surgical centers, nursing facilities, and certain home and community support agency facilities. However, the bill sponsor has informed the committee that since the legislation's passage, concerns have been raised by some home and community support agencies that S.B. 240 did not encompass all such agencies because of the limitation within the definition of those agencies, leaving some nurses at these facilities outside the scope of the bill. S.B. 463 seeks to address this issue by clarifying the definition of facility with respect to certain workplace violence prevention requirements.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS S.B. 463 amends the Health and Safety Code to revise the definition of "facility" for purposes of workplace violence prevention requirements as follows: removes the specification that the purpose of a home and community support services agency licensed or licensed and certified under applicable state law that employs at least two registered nurses and is considered as such a facility is to provide home health services, as defined by that state law; and includes in the definition: o a state-licensed intermediate care facility for individuals with an intellectual disability; and o a state supported living center. The bill requires a home and community support services agency, intermediate care facility for individuals with an intellectual disability, or state supported living center that becomes subject to statutory provisions relating to workplace violence prevention pursuant to the bill's provisions to comply with the requirements of those provisions not later than September 1, 2026.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
During the 88th Regular Session, the Texas Legislature passed S.B. 240, which directed the establishment of workplace violence committees and prevention policies and plans. S.B. 240 allowed certain health facilities to have the flexibility to adopt, implement, and enforce policies and plans that will streamline incident reporting systems and processes, encourage nurses and other health care workers to report incidents of violence, and ensure that victims receive the treatment that they need. The legislation defined facilities to include hospitals, mental health hospitals, freestanding emergency care facilities, ambulatory surgical centers, nursing facilities, and certain home and community support agency facilities. However, the bill sponsor has informed the committee that since the legislation's passage, concerns have been raised by some home and community support agencies that S.B. 240 did not encompass all such agencies because of the limitation within the definition of those agencies, leaving some nurses at these facilities outside the scope of the bill. S.B. 463 seeks to address this issue by clarifying the definition of facility with respect to certain workplace violence prevention requirements.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
S.B. 463 amends the Health and Safety Code to revise the definition of "facility" for purposes of workplace violence prevention requirements as follows:
removes the specification that the purpose of a home and community support services agency licensed or licensed and certified under applicable state law that employs at least two registered nurses and is considered as such a facility is to provide home health services, as defined by that state law; and
includes in the definition:
o a state-licensed intermediate care facility for individuals with an intellectual disability; and
o a state supported living center.
The bill requires a home and community support services agency, intermediate care facility for individuals with an intellectual disability, or state supported living center that becomes subject to statutory provisions relating to workplace violence prevention pursuant to the bill's provisions to comply with the requirements of those provisions not later than September 1, 2026.
EFFECTIVE DATE
September 1, 2025.