S.B. No. 401
 
 
 
 
AN ACT
  relating to prices charged by a medical staffing services agency
  during certain designated public health disaster periods;
  providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is
  amended by adding Chapter 81B to read as follows:
  CHAPTER 81B.  PRICE GOUGING OF MEDICAL STAFFING SERVICES DURING
  DESIGNATED PUBLIC HEALTH DISASTER PERIOD
         Sec. 81B.001.  DEFINITION. In this chapter, "designated
  public health disaster period" means a period:
               (1)  based on a threat to the public health, including a
  threat from:
                     (A)  a chemical, biological, explosive, nuclear,
  or radiological attack or incident; or
                     (B)  a communicable disease, epidemic, or
  pandemic;
               (2)  beginning on the earlier of the date:
                     (A)  the governor issues a proclamation or
  executive order declaring a state of disaster under Chapter 418,
  Government Code, for any area of this state;
                     (B)  the president of the United States declares a
  state of disaster that includes an area of this state as part of the
  federally declared disaster area; or
                     (C)  a disaster described by Paragraph (A) or (B)
  occurs; and
               (3)  ending on the 30th day after the date the disaster
  declaration expires or is terminated.
         Sec. 81B.002.  APPLICABILITY. This chapter applies only to
  a medical staffing services agency that provides the following
  health care professionals to fill vacancies or address temporary
  staffing needs during a designated public health disaster period: 
               (1)  physician assistants licensed under Chapter 204,
  Occupations Code; 
               (2)  surgical assistants licensed under Chapter 206,
  Occupations Code; 
               (3)  nurses licensed under Chapter 301, Occupations
  Code; or
               (4)  nurse aides listed in the nurse aide registry
  under Chapter 250.
         Sec. 81B.003.  PROHIBITED PRICE GOUGING DURING DESIGNATED
  PUBLIC HEALTH DISASTER PERIOD. During a designated public health
  disaster period, a medical staffing services agency to which this
  chapter applies may not, in an area subject to the declared state of
  disaster:
               (1)  provide medical staffing services to a health care
  organization or other entity in this state at an exorbitant or
  excessive price; or
               (2)  demand or charge an exorbitant or excessive price
  to provide medical staffing services to a health care organization
  or other entity in this state.
         Sec. 81B.004.  CIVIL PENALTY; INJUNCTION. (a) A medical
  staffing services agency that violates this chapter is subject to a
  civil penalty in an amount not to exceed $10,000 for each violation.
         (b)  The consumer protection division of the office of the
  attorney general may bring an action in the name of the state to:
               (1)  recover a civil penalty under this section; or
               (2)  temporarily or permanently restrain or enjoin the
  person from violating this chapter.
         (c)  The consumer protection division of the office of the
  attorney general may recover reasonable expenses incurred in
  obtaining a civil penalty under this section, including court
  costs, reasonable attorney's fees, expert witness fees, deposition
  expenses, and investigatory costs.
         (d)  An action under this section may be brought:
               (1)  in a district court of the county in which:
                     (A)  the defendant resides;
                     (B)  the defendant's principal place of business
  is located;
                     (C)  the defendant conducts business; or
                     (D)  the transaction giving rise to the claim
  occurred; or
               (2)  on the consent of the parties, in a district court
  of Travis County.
         SECTION 2.  The changes in law made by this Act apply only to
  an act that occurs on or after the effective date of this Act.  An
  act that occurs before the effective date of this Act is governed by
  the law in effect on the date the act occurred, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 401 passed the Senate on
  April 3, 2023, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2023, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 401 passed the House, with
  amendment, on May 23, 2023, by the following vote: Yeas 128,
  Nays 15, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor