Relating to the required approval of certain hospital visits as a condition of release on parole or to mandatory supervision for certain releasees and to the hospital's liability for damages resulting from those visits.
CriticalImmediate action required
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas Department of Criminal Justice (Parole Division) • Department of State Health Services (DSHS)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025 (Immediate effect).
Compliance Deadline:June 20, 2025. You must identify your reporting officer and be prepared to receive notifications immediately to secure liability protection.
Agency Rulemaking: DSHS is required to "establish and maintain" the electronic database immediately.
*Regulatory Gray Zone:* There is a high probability that the DSHS database portal will not be live by the June 20 effective date. See "Action Plan" for interim compliance protocols.
Immediate Action Plan
1.Designate Contact Immediately: Appoint your Chief Law Enforcement Officer (CLEO) or Security Director as the statutory point of contact today.
2.Interim Filing: If the DSHS portal is not live by June 20, send a Certified Letter and Email to the DSHS Commissioner and the TDCJ Parole Division Director containing your CLEO's contact details to establish a paper trail of compliance.
3.Update Security Workflows: Create the "Parolee Notification Log" and distribute it to your security command center.
4.Notify Insurance: Inform your liability carrier of this legislation; it represents a material change in your premises liability risk profile.
5.Audit Local Police: If you rely on local police (PD/Sheriff) rather than internal security, verify they have a protocol to alert *your* administration if they receive a call from a parole officer regarding your facility.
Operational Changes Required
Contracts
Security Vendor MSAs: If you utilize third-party security, amend the Master Services Agreement immediately.
The vendor must accept the role of "designated law enforcement contact" if applicable.
Indemnification Clause: Add specific language requiring the vendor to indemnify the hospital if they fail to log or act upon a notification received from a parole officer, as this failure constitutes "gross negligence" under the statute.
Employment Agreements: Update the job description for your in-house Chief of Security or Police to include "management of DSHS database compliance and Parole Division liaison duties."
Hiring/Training
Intake Protocols: Train security dispatch and front-desk staff on the specific workflow for "Parole Officer Notifications." These calls cannot be routed to general voicemail; they must be treated as priority security intelligence.
"Medical Treatment" Screening: Security staff must be trained to distinguish between visitors and patients. Parolees seeking emergency medical care are exempt from this notification requirement; staff must remain vigilant for offenders using "medical complaints" to bypass visitation restrictions.
Reporting & Record-Keeping
DSHS Database Registration: You must submit the name, email, and phone number of your Chief Law Enforcement Officer (or the local police agency with jurisdiction if you have no internal force) to DSHS.
Visitation Logs: Implement a "Parolee Notification Log" distinct from standard visitor logs. It must track:
1. Time of Notification.
2. Parole Officer Name/Badge.
3. Offender Name.
4. Intended Location/Time of Visit.
5. Security Action Taken (e.g., floor monitoring).
Fees & Costs
No New State Fees: There are no filing fees associated with the DSHS database.
Operational Costs: Costs are limited to administrative time for reporting and potential legal review of security contracts.
Strategic Ambiguities & Considerations
"Promptly Notify": The statute requires parole officers to notify the hospital "promptly," but does not define a time window (e.g., 24 hours vs. 30 minutes). Your security intake system must be operational 24/7 to handle short-notice warnings.
Database Availability: The law requires you to submit data to a DSHS database that may not exist on Day 1.
*Risk:* If a violent incident occurs on June 21 and you haven't registered because the website wasn't ready, a plaintiff may argue you failed to comply.
Gross Negligence Threshold: The liability shield is void if the hospital acts with "gross negligence." If a notification is received but lost due to internal miscommunication, and the parolee harms someone, the hospital will likely lose its immunity.
Need Help Understanding Implementation?
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
As reported by WFAA ABC News 8 in Dallas, on October 22, 2022, two health care workers, Jacqueline Ama Pokuaa and Katie Annette Flowers were murdered by a violent criminal who was on parole for aggravated robbery at Methodist Dallas Medical Center. The bill author has informed the committee that the hospital was not notified by the parole officer that a violent criminal, who had violated his parole conditions over 50 times, would be entering the hospital and that interested hospitals have expressed that they find it imperative to be notified before a violent offender visits their premises. C.S.H.B. 2854, named the Pokuaa-Flowers Act, seeks to ensure that hospitals are able to take the necessary measures to protect their patients and health workers before a violent criminal on parole enters their premises.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 2854 amends the Government Code to require a parole panel that requires a releasee serving a sentence for an offense that renders a defendant ineligible for judge-ordered community supervision or for which the judgment contains an affirmative finding regarding the use or exhibition of a deadly weapon, including a firearm, that renders a defendant ineligible for community supervision to submit to electronic monitoring as a condition of release on parole or to mandatory supervision to prohibit the releasee, as an additional condition of release, from visiting a general hospital for a purpose other than to receive medical treatment, including emergency medical care, unless the parole officer supervising the releasee approves the releasee's request to visit the hospital prior to the visit. "General hospital" and "medical treatment" are defined by reference to the Health and Safety Code.
C.S.H.B. 2854 requires a releasee's request to visit a general hospital to specify the date and time of the intended visit and the reason for the visit and requires a parole officer who approves such a visit to promptly notify the chief law enforcement officer for the general hospital, or a local law enforcement agency if the general hospital does not employ any peace officers, of the date and time of the releasee's intended visit. The bill exempts a general hospital, notwithstanding any other law and except in the case of gross negligence, recklessness, or intentional misconduct, from liability to a patient or another person for damages resulting from a visit by a releasee under the bill's provisions. The bill prohibits this exemption from being construed to limit a medical liability claim.
C.S.H.B. 2854 applies only to a person who is released on parole or to mandatory supervision on or after the bill's effective date. A person who is released on parole or to mandatory supervision before that date is governed by the law in effect at the time of release, and the former law is continued in effect for that purpose.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 2854 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The substitute includes the following provisions absent from the introduced:
·language limiting a general hospital's exemption from liability for damages resulting from a visit by a releasee under the bill's provisions, as in the introduced, to an exemption from liability in cases that do not involve gross negligence, recklessness, or intentional misconduct; and
·a prohibition against such an exemption being construed to limit a medical liability claim.
Honorable Sam Harless, Chair, House Committee on Corrections
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2854 by Anchía (Relating to the required approval of certain hospital visits as a condition of release on parole or to mandatory supervision for certain releasees and to the hospital's liability for damages resulting from those visits.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
696 Department of Criminal Justice, 697 Board of Pardons and Paroles
LBB Staff:
JMc, MGol, CSh, JLa
Related Legislation
Explore more bills from this author and on related topics
HB2854 (The Pokuaa-Flowers Act) mandates that General Hospitals establish a direct communication channel with the Texas Department of Criminal Justice (TDCJ) to receive advance notifications regarding non-medical visits by high-risk parolees. Effective June 20, 2025, hospitals must register a designated Chief Law Enforcement Officer (CLEO) with the Department of State Health Services (DSHS); failure to maintain this communication channel risks voiding the new statutory liability immunity regarding damages caused by these offenders. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect).
Q
Who authored HB2854?
HB2854 was authored by Texas Representative Rafael Anchia during the Regular Session.
Q
When was HB2854 signed into law?
HB2854 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB2854?
HB2854 is enforced by Texas Department of Criminal Justice (Parole Division) and Department of State Health Services (DSHS).
Q
How urgent is compliance with HB2854?
The compliance urgency for HB2854 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB2854?
The cost impact of HB2854 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB2854 address?
HB2854 addresses topics including civil remedies & liabilities, corrections, corrections--parole, probation & pardons, hospitals and mandatory & community supervision.
Legislative data provided by LegiScanLast updated: November 25, 2025
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