AUSTIN, TX — A slew of new laws are set to take effect in Texas on Jan. 1, 2020, on myriad issues — from stricter provisions in reporting harassment at colleges and universities to more stringent reporting on data breaches to ending surprise medical fees.
The new laws all were passed during the 2019 session of the Texas Legislature. Among them:
BINGO FEES
House Bill 914 was passed to amend the Bingo Enabling Act. The change eliminates the 5 percent prize fee for non-cash prizes valued at more than $5. Come next year, the law also will require licensed authorized organizations that conduct bingo games to collect the 5 percent fee on cash prizes and also pay 50 percent of the fees collected to the Texas Commission Lottery each quarter. Under the new law, counties and cities will be able to opt in to receive prize fees as well.
COMPLAINTS FILED AGAINST NONPROFIT HEALTH GROUPS
House Bill 1532 is designed to require nonprofit health organizations to develop anti-retaliation policies for doctors and submit biennial reports to the Texas Medical Board. The bill passed on Sept. 1, 2019, also amends the Medical Practice Act to require the Texas Medical Board to accept and process complaints against a certified nonprofit health organization the same manner in which it would handle complaints against a health professional.
FLOOD FUNDS
By virtue of its passage, Senate Bill 7 creates a flood infrastructure fund and Texas infrastructure resiliency fund the Texas Water Development Board can then use to help local governments with matching federal funds. Those funds can then be used for flood research, planning and mitigation projects following natural disasters such as Hurricane Harvey.
HARASSMENT AT COLLEGES AND UNIVERSITIES
Dubbed Senate Bill 212, this new law requires employees at institutions of higher education — be they private, public or independent — to report allegations of dating violence, sexual harassment, sexual assault or stalking made against a student or employee to the institution’s Title IX coordinator. Those failing to adhere to the new law would face a Class B misdemeanor charge — upgraded to a Class A misdemeanor if it’s found the employee intended to conceal the incident requiring such enhanced reporting standards. Title IX office officials at the University of Texas at Austin diligently posted details of the new law on its website well before it takes effect.
POST-DISASTER TAX RELIEF
House Bill 492 was created to allow a temporary property tax exemption for a portion of an appraised value of property damaged in a disaster area. The tax exemption is effective only after the governor declares the region a disaster area and if a local governing body chooses to adopt it within 60 days of the gubernatorial declaration.
PERSONAL DATA BREACHES
This new law, House Bill 4390, serves as an amendment to the Business and Commerce Code by setting a deadline for someone conducting business in Texas or who owns or licenses computerized data with sensitive personal information to notify individuals of a security breach. The business operator will have up to 60 days after the breach to report it, in accordance to the new law. Moreover, if a breach involves at least 250 Texas consumers, the person conducting business must also notify the attorney general of the incident along with a detailed list of steps being taken to mitigate the breach.
SURPRISE MEDICAL BILLS
Senate Bill 1264 was created to protect consumers toward ending surprise medical bills. Related legislation already has taken effect, and this addendum is set to become law at the beginning of the year. The law requires health maintenance organization pay for emergency care performed by non-network physicians or providers in an amount the HMO deems reasonable for the emergency care. Another mandate called for in the new law is a ban on the non-network physician or provider on billing a patient. It also outlines provisions centered on patients having no financial responsibility for an amount greater than their responsibility under their health care plan — including a co-payment, co-insurance or deductible.
