89R8229 JTZ-F     By: Oliverson H.B. No. 3086       A BILL TO BE ENTITLED   AN ACT   relating to requirements for pharmaceutical drug manufacturers to   report prescription drug costs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 441.0051, Health and Safety Code, is   amended to read as follows:          Sec. 441.0051.  ANNUAL REPORT. (a)  Not later than the 15th   day of each calendar year, a pharmaceutical drug manufacturer shall   submit a report to the department stating the current wholesale   acquisition cost information for the United States Food and Drug   Administration-approved prescription drugs sold in or into this   state by that manufacturer.            (b)  For a prescription drug with a wholesale acquisition   cost increase of 40 percent or more over the drug's wholesale   acquisition cost in the preceding three calendar years or 15   percent or more in the preceding calendar year, a pharmaceutical   drug manufacturer shall include in the annual report required under   Subsection (a):                (1)  information on whether the prescription drug is a   brand name drug or generic version of a brand name drug;                (2)  a statement on each factor that caused the   increase in the wholesale acquisition cost and an explanation of   the impact of each factor on the cost;                (3)  aggregate, research, and development costs as   filed with United States Securities and Exchange Commission on Form   10-K for the most recent calendar year for which final audit data is   available;                (4)  the name of each of the manufacturer's   prescription drugs the United States Food and Drug Administration   approved in the previous three calendar years; and                (5)  the name of each of the manufacturer's   prescription drugs that lost patent exclusivity in the United   States in the previous three calendar years.          (c)  The information a pharmaceutical drug manufacturer   submits to the department under Subsections (a) and (b) must be   consistent with the information the manufacturer includes in the   manufacturer's annual consolidated report filed with the United   States Securities and Exchange Commission on Form 10-K or any other   public disclosure.          SECTION 2.  Section 441.0054, Health and Safety Code, is   amended to read as follows:          Sec. 441.0054.  PUBLICATION OF COST INCREASE INFORMATION.   Not later than the 60th day after receipt of the report submitted   under Section 441.0051 [or 441.0053(a)], the department shall   publish the required cost increase information [required by Section   441.0053] on the department's prescription drug price information   Internet website.          SECTION 3.  Section 441.0102(a), Health and Safety Code, is   amended to read as follows:          (a)  The department shall [may] assess an administrative   penalty against a person who violates this chapter or a rule adopted   under this chapter.          SECTION 4.  Section 441.0053, Health and Safety Code, is   repealed.          SECTION 5.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules necessary to implement the   changes in law made by this Act.          SECTION 6.  This Act takes effect September 1, 2025.