89S10668 SCL-D
 
  By: Hinojosa of Nueces S.B. No. 55
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to class action certification for actions brought against
  certain health care entities for disclosure of health care
  information as a result of a cyber attack.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 181, Health and Safety
  Code, is amended by adding Section 181.007 to read as follows:
         Sec. 181.007.  CERTIFICATION AS CLASS ACTION PROHIBITED FOR
  DISCLOSURE RESULTING FROM CYBER ATTACK. A court may not certify an
  action as a class action if the action is brought against a covered
  entity for damages resulting from the disclosure of protected
  health information as a result of a cyber attack against the entity.
         SECTION 2.  Section 181.007, Health and Safety Code, as
  added by this Act, applies to an action filed on or after or pending
  on the effective date of this Act.
         SECTION 3.  This Act takes effect on the 91st day after the
  last day of the legislative session.