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89(R) HB 2854 - Enrolled version - Bill Text
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