Honorable Linda Harper-Brown, Chair, House Committee on Government Efficiency & Reform
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB595 by Kolkhorst (Relating to the repeal of certain health programs and councils, to the review of certain health programs, panels, councils, systems, foundations, centers, committees, and divisions under the Texas Sunset Act, and to the transfer of certain functions to the Department of State Health Services; providing penalties.), As Introduced
The bill would amend the Government, Health and Safety, Education, Insurance, and Occupations Codes as they relate to the repeal of certain health programs and councils, to the review of certain health programs, panels, councils, systems, foundations, centers, committees, and divisions under the Texas Sunset Act, to the transfer of certain functions to the Department of State Health Services, provide civil penalties, and provide criminal penalties. The provisions of the bill that relate to criminal penalties are the subject of this analysis. Under the provisions of the bill, knowingly accessing data in violation of the submission and collection of health care data subchapter or releasing data with criminal negligence in violation of the submission and collection of health care data subchapter would be punishable as a state jail felony.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision).
Expanding the list of behaviors for which a criminal penalty is applied is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jail, state jail, or prison. In the case of this bill, the impact on correctional populations would depend on the number of people who would knowingly access data in violation of the submission and collection of health care data subchapter or release data with criminal negligence in violation of the submission and collection of health care data subchapter as created by the bill. For this analysis, it is assumed the criminal penalty would apply to activities that occur on or after the effective date of the act. For this analysis, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state correctional agencies.