HB 2190

AN ACT relating to immunity from criminal liability for certain health

House Bill • Howard | Simmons

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

Filed

Bill introduced by legislator

In Committee

Hearing Scheduled

Passed Committee

Floor Calendar

Passed Chamber

Sent to Other Chamber

Passed Both Chambers

Sent to Governor

Signed into Law

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

← Back to Bills

Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Provides criminal immunity for health care practitioners providing health care services in specific medical facilities like hospitals, nursing facilities, and ambulatory surgical centers. Health care professionals are protected from criminal liability for harm or damage resulting from their service, except in cases of criminally negligent, reckless, knowing, or intentional acts. The legislation applies to licensed professionals such as physicians, nurses, physician assistants, and other registered medical workers, covering diagnostic, treatment, and rehabilitative services.

Subject Areas

Health Care Providers Crimes--Miscellaneous Occupational Regulation--Health Occupations Civil Remedies & Liabilities PHYSICIANS

Bill Text

relating to immunity from criminal liability for certain health
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 174 to read as follows:
CHAPTER 174. IMMUNITY FROM CRIMINAL LIABILITY FOR HEALTH CARE
Sec. 174.001.  DEFINITIONS.  In this chapter:
(1)  "Health care practitioner" means an individual
(A)  provides a health care service at one of the
(i)  a home and community support services
agency licensed or licensed and certified under Chapter 142;
(ii)  a hospital licensed under Chapter 241
or a hospital maintained or operated by an agency of this state that
is exempt from licensing under that chapter;
(iii)  a nursing facility licensed under
(iv)  an ambulatory surgical center licensed
(v)  a freestanding emergency medical care
facility as defined by Section 254.001; or
(vi)  a mental hospital licensed under
(B)  is licensed, certified, or registered as a:
(i)  physician under Chapter 155,
(ii)  physician assistant under Chapter 204,
(iii)  surgical assistant under Chapter 206,
(iv)  nurse under Chapter 301, Occupations
(2)  "Health care service" means a service within the
scope of a health care practitioner's practice provided to an
individual in this state.  The term includes a diagnostic,
treatment, or rehabilitative service.
Sec. 174.002.  IMMUNITY FROM CRIMINAL LIABILITY; EXCEPTION.
(a)  Notwithstanding any other law and except as provided by
Subsection (b), a health care practitioner providing a health care
service is immune from criminal liability for any harm or damage
resulting from an act or omission relating to the provision of the
(b)  A health care practitioner is not immune from criminal
liability under Subsection (a) if harm or damage results from a
criminally negligent, reckless, knowing, or intentional act.
Sec. 174.003.  CONSTRUCTION.  This chapter may not be
construed to amend, repeal, or alter any other immunity, defense,
limitation of liability, or procedure available under any other law
SECTION 2.  Section 174.002, Health and Safety Code, as
added by this Act, applies only to a suspected offense that was
committed, is believed to have been committed, or was discovered on
or after the effective date of this Act.
SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.