88R443 AJA-F
 
  By: Johnson of Dallas, Leach H.B. No. 148
 
 
 
A BILL TO BE ENTITLED
 
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 Subsection (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 11 [nine] members,
  with two 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 is board certified in
  personal injury trial law by the Texas Board of Legal
  Specialization and at least one of whom is board certified in health
  law by the Texas Board of Legal Specialization, and 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.
         (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.  Not later than January 1, 2024, 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 3.  This Act takes effect September 1, 2023.