Texas HB 4454: Relating to the powers and duties of the Willacy County Drainage District No. 2.

Bill Text

89(R) HB 4454 - Enrolled version - Bill Text

  

  

  
 H.B. No. 4454

  

  

  

  

 AN ACT

  

 relating to solicitation of patients and other prohibited marketing 

  

 practices, the establishment of the task force on patient 

  

 solicitation, and the prosecution of certain related criminal 

  

 offenses.

  

        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

  

        SECTION 1.  Subtitle E, Title 2, Health and Safety Code, is 

  

 amended by adding Chapter 110 to read as follows:

  

 CHAPTER 110. TASK FORCE ON PATIENT SOLICITATION

  

        Sec. 110.001.  DEFINITION. In this chapter, "task force" 

  

 means the task force on patient solicitation created under this 

  

 chapter.

  

        Sec. 110.002.  PURPOSE. The task force is established to 

  

 study and make recommendations on preventing conduct that violates 

  

 Chapter 164 of this code or Chapter 102, Occupations Code, and to 

  

 improve enforcement of those chapters.

  

        Sec. 110.003.  MEMBERSHIP. (a) The task force is composed of 

  

 eight members as follows:

  

              (1)  four members the executive commissioner appoints; 

  

 and

  

              (2)  four members the attorney general appoints.

  

        (b)  Each task force member must have expertise in the field 

  

 of health care or advertising.

  

        (c)  Task force members serve without compensation.

  

        Sec. 110.004.  ADMINISTRATIVE ATTACHMENT. The task force is 

  

 administratively attached to the commission.

  

        Sec. 110.005.  ACCESS TO INFORMATION; CONFIDENTIALITY OF 

  

 PROVIDED INFORMATION. The attorney general and the commission shall 

  

 provide the task force with information the task force requests to 

  

 allow the task force to fulfill its duties. Information provided 

  

 under this section is confidential and is not subject to disclosure 

  

 under Chapter 552, Government Code.

  

        Sec. 110.006.  REPORT. Not later than December 1 of each 

  

 even-numbered year, the task force shall submit to the legislature 

  

 a report that includes:

  

              (1)  a summary of civil or criminal actions brought on 

  

 behalf of the state and administrative actions by state regulatory 

  

 agencies in the preceding biennium for conduct that violates 

  

 Chapter 164 of this code or Chapter 102, Occupations Code; and

  

              (2)  legislative recommendations for preventing 

  

 conduct that violates Chapter 164 of this code or Chapter 102, 

  

 Occupations Code, and improving enforcement of those chapters.

  

        SECTION 2.  Section 164.002, Health and Safety Code, is 

  

 amended to read as follows:

  

        Sec. 164.002.  LEGISLATIVE PURPOSE. The purpose of this 

  

 chapter is to safeguard the public against fraud, deceit, and 

  

 misleading marketing practices and to foster and encourage 

  

 competition and fair dealing by mental health facilities and 

  

 chemical dependency [treatment] facilities by prohibiting or 

  

 restricting practices by which the public has been injured in 

  

 connection with the marketing and advertising of mental health 

  

 services and the admission of patients. Nothing in this chapter 

  

 should be construed to prohibit a mental health facility or 

  

 chemical dependency facility from advertising its services in a 

  

 general way or promoting its specialized services. However, the 

  

 public should be able to clearly distinguish between the marketing 

  

 activities of the facility and its clinical functions.

  

        SECTION 3.  Section 164.003(1), Health and Safety Code, is 

  

 amended to read as follows: