LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT

88TH LEGISLATIVE REGULAR SESSION
 
March 12, 2023

TO:
Honorable Stephanie Klick, Chair, House Committee on Public Health
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB248 by Murr (Relating to solicitation of patients and other prohibited marketing practices and the establishment of the task force on patient solicitation; increasing criminal penalties.), As Introduced

The bill would expand the conduct constituting certain offenses relating to health care patient solicitation to include a person accepting or providing a benefit or commission to secure or solicit a patient or patronage. The bill would also increase the penalty for such offenses by one penalty level which would result in them ranging from a Class B misdemeanor to a second degree felony depending on the health practice, previous convictions, or if the person was employed by a governmental entity at the time of the offense.

Increasing the penalty for an existing offense may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. 

In fiscal year 2022, there were no individuals arrested, placed on community supervision, or admitted into a state correctional institution for certain offenses relating to patient solicitation modified by the bill's provisions.

It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.



Source Agencies:
LBB Staff:
JMc, NPe, LBO, MGol