89R8277 KRM-F     By: Perry S.B. No. 2356       A BILL TO BE ENTITLED   AN ACT   relating to hospital staffing report processes and to retaliation   and mandatory overtime protections for nurses; providing   administrative penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 257.001, Health and Safety Code, is   amended by amending Subdivision (1) and adding Subdivision (1-a) to   read as follows:                (1)  "Commission" means the Health and Human Services   Commission.                (1-a)  "Committee" means a nurse staffing committee   required by this chapter.          SECTION 2.  Section 257.005, Health and Safety Code, is   amended by amending Subsection (c) and adding Subsection (d) to   read as follows:          (c)  The [To the extent possible, the] department shall   develop a mandatory reporting process to collect the data required   under Subsection (a) [as part of a survey required by the department   under other law].          (d)  The department shall provide the data reported under   Subsection (a) to the commission for enforcement purposes.          SECTION 3.  Chapter 257, Health and Safety Code, is amended   by adding Section 257.006 to read as follows:          Sec. 257.006.  PROHIBITED RETALIATION. (a)  A hospital may   not retaliate against a nurse who provides information to the   committee or reports violations of this chapter to hospital   management or the commission.          (b)  A violation of this section constitutes a violation of   Section 161.134, and a nurse may seek any appropriate remedy   provided by that section.          SECTION 4.  Subtitle B, Title 4, Health and Safety Code, is   amended by adding Chapter 258A to read as follows:   CHAPTER 258A.  ENFORCEMENT OF HOSPITAL NURSE STAFFING AND OVERTIME   REQUIREMENTS          Sec. 258A.001.  DEFINITIONS. In this chapter:                (1)  "Commission" means the Health and Human Services   Commission.                (2)  "Executive commissioner" means the executive   commissioner of the commission.          Sec. 258A.002.  REPORT OF VIOLATION. The commission shall:                (1)  develop and maintain a web page accessible on the   commission's Internet website through which a nurse may report a   violation of Chapter 257 or 258;                (2)  investigate each report of an alleged violation;                (3)  develop procedures to notify a hospital of an   alleged violation and provide due process during an investigation;   and                (4)  issue a corrective action plan and any appropriate   penalties under Section 258A.003.          Sec. 258A.003.  ADMINISTRATIVE PENALTY. (a)  The commission   in accordance with the authority granted under other law may impose   an administrative penalty on a hospital that:                (1)  knowingly submits false information to the   Department of State Health Services under Section 257.005(a); or                (2)  violates Chapter 257 or 258 or rules adopted under   those chapters.          (b)  The executive commissioner by rule shall develop an   administrative penalty schedule for penalties imposed under this   section based on the impact of the violation on patient care, nurse   satisfaction, and the public interest.          (c)  The attorney general may sue to collect the penalty.          SECTION 5.  Not later than December 31, 2025, the executive   commissioner of the Health and Human Services Commission shall   adopt any rules necessary to implement the changes in law made by   this Act.          SECTION 6.  This Act takes effect September 1, 2025.