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, the official 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