H.B. No. 2854
 
 
 
 
AN ACT
  relating to the required approval of certain hospital visits as a
  condition of release on parole or to mandatory supervision for
  certain releasees and to the hospital's liability for damages
  resulting from those visits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Pokuaa-Flowers Act.
         SECTION 2.  Subchapter F, Chapter 508, Government Code, is
  amended by adding Section 508.193 to read as follows:
         Sec. 508.193.  REQUIRED APPROVAL OF CERTAIN HOSPITAL VISITS.  
  (a)  A parole panel that requires a releasee serving a sentence for
  an offense listed in Article 42A.054(a), Code of Criminal
  Procedure, or for which the judgment contains an affirmative
  finding under Article 42A.054(c) or (d), Code of Criminal
  Procedure, to submit to electronic monitoring as a condition of
  release on parole or to mandatory supervision shall, as an
  additional condition of release, prohibit the releasee from
  visiting a general hospital, as defined by Section 241.003, Health
  and Safety Code, for a purpose other than to receive medical
  treatment, as defined by Section 313.002, Health and Safety Code,
  including emergency medical care, unless the parole officer
  supervising the releasee approves the releasee's request to visit
  the hospital prior to the visit.
         (b)  A releasee's request to visit a general hospital must
  specify the date and time of the intended visit and the reason for
  the visit.
         (c)  A parole officer who approves a visit under Subsection
  (a) shall promptly notify, using the information in the database
  described by Subsection (d), the chief law enforcement officer for
  the general hospital, or a local law enforcement agency if the
  general hospital does not employ any peace officers, of the date and
  time of the releasee's intended visit.
         (d)  The Department of State Health Services shall establish
  and maintain an electronic database for the department that
  contains the contact information, including phone numbers and
  e-mail addresses, for:
               (1)  the chief law enforcement officer of each general
  hospital in this state; or
               (2)  if a general hospital does not employ any peace
  officers, the local law enforcement agency with jurisdiction over
  the location of the hospital.
         (e)  The Department of State Health Services shall annually
  provide an updated database to the department.
         (f)  The department is not liable to a patient or another
  person for damages resulting from a visit by a releasee described by
  Subsection (a) if the parole officer approving the visit has
  attempted to notify the appropriate chief law enforcement officer
  or law enforcement agency using the contact information included in
  the database described by Subsection (d).
         (g)  Notwithstanding any other law and except in the case of
  gross negligence, recklessness, or intentional misconduct, a
  general hospital is not liable to a patient or another person for
  damages resulting from a visit by a releasee described by
  Subsection (a).  This subsection may not be construed to limit a
  claim arising under Chapter 74, Civil Practice and Remedies Code.
         SECTION 3.  Section 508.193, Government Code, as added by
  this Act, applies only to a person who is released on parole or to
  mandatory supervision on or after the effective date of this Act.  A
  person who is released on parole or to mandatory supervision before
  the effective date of this Act is governed by the law in effect at
  the time of release, and the former law is continued in effect for
  that purpose.
         SECTION 4.  This Act takes effect September 1, 2025.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2854 was passed by the House on May
  15, 2025, by the following vote:  Yeas 143, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2854 on May 30, 2025, by the following vote:  Yeas 117, Nays 16,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2854 was passed by the Senate, with
  amendments, on May 27, 2025, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor