Relating to the Texas Medical Disclosure Panel, the official text

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