HB923 - Relating to the Texas Medical Disclosure Panel.

      H.B. No. 923         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 Subsections (f-1) and (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 13 [ nine ] members,   with three 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 has experience representing   patients and at least one of whom has experience representing   physicians or health care providers, and seven  [ 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.           (f-1)     The disclosure panel may not take any action requiring   a vote of the panel unless a majority of the members appointed to   serve on the panel as members licensed to practice medicine in this   state are in attendance at the meeting when the vote is taken.          (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.  The heading to Section 74.103, Civil Practice   and Remedies Code, is amended to read as follows:          Sec. 74.103.  DUTIES OF DISCLOSURE PANEL ; LIMITATIONS ON   AUTHORITY .          SECTION 3.  Section 74.103, Civil Practice and Remedies   Code, is amended by adding Subsection (e) to read as follows:           (e)     The panel is not authorized to take any action that   changes the scope of practice authority of any physician or health   care provider.          SECTION 4.  Not later than January 1, 2026, 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 5.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 923 was passed by the House on April   30, 2025, by the following vote:  Yeas 109, Nays 29, 1 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 923 was passed by the Senate on May   20, 2025, by the following vote:  Yeas 30, Nays 1.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor