HB2854 - Relating to the required approval of certain hospital visits as a condition of release on parole or to mandatory supervision for certain releasees and to the hospital's liability for damages resulting from those visits.

      H.B. No. 2854         AN ACT   relating to the required approval of certain hospital visits as a   condition of release on parole or to mandatory supervision for   certain releasees and to the hospital's liability for damages   resulting from those visits.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Pokuaa-Flowers Act.          SECTION 2.  Subchapter F, Chapter 508, Government Code, is   amended by adding Section 508.193 to read as follows:           Sec.   508.193.     REQUIRED APPROVAL OF CERTAIN HOSPITAL VISITS.     (a)   A parole panel that requires a releasee serving a sentence for   an offense listed in Article 42A.054(a), Code of Criminal   Procedure, or for which the judgment contains an affirmative   finding under Article 42A.054(c) or (d), Code of Criminal   Procedure, to submit to electronic monitoring as a condition of   release on parole or to mandatory supervision shall, as an   additional condition of release, prohibit the releasee from   visiting a general hospital, as defined by Section 241.003, Health   and Safety Code, for a purpose other than to receive medical   treatment, as defined by Section 313.002, Health and Safety Code,   including emergency medical care, unless the parole officer   supervising the releasee approves the releasee's request to visit   the hospital prior to the visit.           (b)     A releasee's request to visit a general hospital must   specify the date and time of the intended visit and the reason for   the visit.           (c)     A parole officer who approves a visit under Subsection   (a) shall promptly notify, using the information in the database   described by Subsection (d), the chief law enforcement officer for   the general hospital, or a local law enforcement agency if the   general hospital does not employ any peace officers, of the date and   time of the releasee's intended visit.           (d)     The Department of State Health Services shall establish   and maintain an electronic database for the department that   contains the contact information, including phone numbers and   e-mail addresses, for:                 (1)     the chief law enforcement officer of each general   hospital in this state; or                 (2)     if a general hospital does not employ any peace   officers, the local law enforcement agency with jurisdiction over   the location of the hospital.           (e)     The Department of State Health Services shall annually   provide an updated database to the department.           (f)     The department is not liable to a patient or another   person for damages resulting from a visit by a releasee described by   Subsection (a) if the parole officer approving the visit has   attempted to notify the appropriate chief law enforcement officer   or law enforcement agency using the contact information included in   the database described by Subsection (d).           (g)     Notwithstanding any other law and except in the case of   gross negligence, recklessness, or intentional misconduct, a   general hospital is not liable to a patient or another person for   damages resulting from a visit by a releasee described by   Subsection (a).   This subsection may not be construed to limit a   claim arising under Chapter 74, Civil Practice and Remedies Code.          SECTION 3.  Section 508.193, Government Code, as added by   this Act, applies only to a person who is released on parole or to   mandatory supervision on or after the effective date of this Act.  A   person who is released on parole or to mandatory supervision before   the effective date of this Act is governed by the law in effect at   the time of release, and the former law is continued in effect for   that purpose.          SECTION 4.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2854 was passed by the House on May   15, 2025, by the following vote:  Yeas 143, Nays 0, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 2854 on May 30, 2025, by the following vote:  Yeas 117, Nays 16,   2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 2854 was passed by the Senate, with   amendments, on May 27, 2025, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor