BILL ANALYSIS

 

 

Senate Research Center

H.B. 923

89R21564 AJA-D

By: Garcia Hernandez, Cassandra; Leach (Blanco)

 

Health & Human Services

 

5/12/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Texas Medical Disclosure Panel (TMDP), appointed by the executive commissioner of the Health and Human Services Commission (HHSC), currently includes nine members: three licensed attorneys and six practicing Texas physicians, as required by law. The panel determines which medical and surgical risks healthcare providers must disclose to patients.

 

H.B. 923 expands the TMDP from nine to thirteen members by adding public representatives, giving everyday Texans a voice in healthcare decisions. This change aligns with the Texas Sunset Commission's Across-the-Board Policy 1, which promotes public participation on state bodies that affect health and safety.

 

The bill preserves the physician majority by adding one physician and three public members, one of whom must have health literacy expertise. Public members must be independent�neither lobbyists, healthcare providers, their spouses, or employees in health-related industries. Among the attorneys, one must have represented patients and another, healthcare providers, ensuring balanced legal perspectives. To maintain professional oversight, a majority of physician members must be present for votes.

 

H.B. 923 enhances transparency and public trust without expanding bureaucracy or undermining medical expertise. It also reaffirms that the TMDP cannot alter healthcare providers' scope of practice, maintaining clear regulatory boundaries.

 

H.B. 923 amends current law relating to the Texas Medical Disclosure Panel.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 74.102, Civil Practice and Remedies Code, by amending Subsections (b), (c), (d), and (h) and adding Subsections (f-1) and (i), as follows:

 

(b) Provides that the disclosure panel (panel) established herein is administratively attached to the Health and Human Services Commission (HHSC), rather than the Texas Department of Health (TDH). Provides that the panel is required to be subject, except where inconsistent, to the rules and procedures of HHSC; however, the duties and responsibilities of the panel as set forth in Chapter 74 (Medical Liability) are required to be exercised solely by the panel, and the executive commissioner of HHSC (executive commissioner) or HHSC are prohibited from having authority or responsibility with respect to the same, rather than the TDH board or TDH, are prohibited from having authority or responsibility with respect to the same. Makes conforming changes.

 

(c) Provides that the panel is composed of 13, rather than 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, rather than six, members licensed to practice medicine in this state. Requires members of the panel to be selected by the executive commissioner, rather than the commissioner of health.

 

(d) Makes conforming and nonsubstantive changes to this subsection.

 

(f-1) Prohibits the panel from taking 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) Makes a conforming change to this subsection.

 

(i) Prohibits the executive commissioner, when appointing panel members representing the public, from appointing 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. Requires the executive commissioner to give preference to persons with experience in advocating for the public interest.

 

SECTION 2. Amends the heading to Section 74.103, Civil Practice and Remedies Code, to read as follows:

 

Sec. 74.103. DUTIES OF DISCLOSURE PANEL; LIMITATIONS ON AUTHORITY.

 

SECTION 3. Amends Section 74.103, Civil Practice and Remedies Code, by adding Subsection (e) to provide that 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. Requires the executive commissioner, not later than January 1, 2026, to 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. Effective date: September 1, 2025.