SB463

Regular Session

Relating to the definition of facility for purposes of workplace violence prevention requirements.

CriticalImmediate action required

Medium Cost

Effective:2025-09-01

Enforcing Agencies

Health and Human Services Commission (HHSC)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2026 (Section 2 of the Act grants a one-year grace period for newly affected facilities to achieve full compliance).
Agency Rulemaking: HHSC is expected to issue guidance or amend Texas Administrative Code rules prior to the September 2026 deadline to clarify enforcement mechanisms for home-based settings.

Immediate Action Plan

1. Q4 2025 Audit: HCSSAs must verify RN headcount. If you hit the threshold, you are subject to the law.
2. Charter Committee: Appoint members and hold the first Workplace Violence Prevention Committee meeting by Q1 2026.
3. Draft the Plan: Utilize the grace period to draft a policy that addresses the specific risks of your environment (e.g., lone worker safety for home health).
4. Update Handbooks: Insert anti-retaliation language regarding violence reporting into Employee Handbooks immediately.

Operational Changes Required

Contracts

Staffing Agency MSAs: Master Service Agreements with nursing registries or staffing agencies must be amended to define responsibility for workplace violence training. You must specify whether the agency or the facility provides the training and mandate that contract staff adhere to your facility’s reporting protocols.
Security Vendors: Post orders for contracted security personnel must be updated to align with the specific de-escalation and response protocols defined in your new Workplace Violence Prevention Plan.

Hiring/Training

Committee Formation: You must charter a Workplace Violence Prevention Committee immediately. This body cannot be comprised solely of management; the law mandates significant representation from direct-care employees.
Mandatory Education: Workplace violence prevention training must be integrated into new hire orientation and annual continuing education competencies for all staff by Q2 2026.
Whistleblower Protection: HR policies must be updated to explicitly prohibit retaliation against employees who report violent incidents, as Chapter 331 creates a specific cause of action for retaliation.

Reporting & Record-Keeping

The Plan: You must draft, adopt, and annually review a comprehensive Workplace Violence Prevention Plan.
Incident Logs: You must maintain a detailed, anonymized log of all violent incidents (physical force and credible threats).
Committee Minutes: You must document committee meetings to prove to HHSC surveyors that direct-care staff are actively participating in policy review.

Fees & Costs

Internal Costs: While there are no new state licensure fees, budget for increased administrative costs related to committee meeting time (non-billable hours) and training module procurement.
Liability: Failure to adopt a plan exposes the facility to "negligence per se" claims in civil lawsuits regarding employee injury.

Strategic Ambiguities & Considerations

The "2+ RN" Threshold: The statute applies to HCSSAs employing "at least two registered nurses." It does not specify if this is Full-Time Equivalent (FTE) or headcount, nor does it address PRN staff. Guidance: Take a conservative approach. If you have two RNs on payroll in any capacity, assume you must comply.
"Facility" vs. Private Home: For HCSSAs, the "workplace" is a private residence. The law was originally designed for brick-and-mortar hospitals. Guidance: HHSC has not yet clarified how to "secure" a private home. Focus your plan on *withdrawal*, *de-escalation*, and *law enforcement engagement* rather than physical security controls.
Enforcement Mechanism: It is unclear if HHSC will introduce a specific "Workplace Violence" audit or attach this to standard licensure renewal surveys. Prepare for the latter.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsHospitals Nursing Homes Assisted Living Facilities Disabilities, Persons With

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 463
89R3036 KKR-F	By: Campbell
	Health & Human Services
	4/7/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Since the onset of the COVID-19 pandemic, workplace violence against healthcare workers has increased, as previously established violence prevention programs have become ineffective. The Occupational Safety and Health Administration (OSHA) reports that workplace violence requiring time away from work is four times more common in the healthcare industry than in private sectors such as retail, construction, and manufacturing.

S.B. 240, which passed the Senate unanimously (31-0), is landmark legislation aimed at protecting healthcare workers from workplace violence. However, the Health and Human Services Commission (HHSC) legal department has determined that S.B. 240 applies only to home health services, inadvertently exempting all other provider types.

S.B. 463 addresses this oversight by removing the restrictive language, ensuring that all service categories under the Home and Community Support Services Agency (HCSSA) license are covered.

Amends Section 331.001(3) of the Health and Safety Code by striking the language that inadvertently narrowed the scope of S.B. 240.

The bill amends the definition of "facility" to remove the requirement that home and community support services agencies must specifically provide home health services to be covered.

Agencies that meet the other criteria, such as employing at least two registered nurses, will now be subject to workplace violence prevention regulations under Chapter 331.

As proposed, S.B. 463 amends current law relating to the definition of facility for purposes of workplace violence prevention requirements.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 331.001(3), Health and Safety Code,� to redefine "facility."

SECTION 2. Requires a home and community support services agency that becomes subject to Chapter 331 (Workplace Violence Prevention), Health and Safety Code, under Section 331.001 (Definitions), Health and Safety Code, as amended by this Act, to comply with the requirements of that chapter.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Donna CampbellRepublican · Primary Author

Coauthors (2)

House Sponsor

Rep. Donna HowardDemocrat · Primary Sponsor

Bill Text(with markup)

S.B. No. 463

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the definition of facility for purposes of workplace
	violence prevention requirements.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 331.001(3), Health and Safety Code, is
	amended to read as follows:
	(3) "Facility" means:
	(A) a home and community support services agency
	licensed or licensed and certified under Chapter 142 [~~to provide~~
	~~home health services as defined by Section 142.001~~] that employs at
	least two registered nurses;
	(B) a hospital licensed under Chapter 241 and a
	hospital maintained or operated by an agency of this state that is
	exempt from licensing under that chapter;
	(C) a nursing facility licensed under Chapter 242
	that employs at least two registered nurses;
	(D) an ambulatory surgical center licensed under
	Chapter 243;
	(E) a freestanding emergency medical care
	facility as defined by Section 254.001; [~~and~~]
	(F) a mental hospital licensed under Chapter 577;
	(G) an intermediate care facility for
	individuals with an intellectual disability licensed under Chapter
	252; and
	(H) a state supported living center as defined by
	Section 531.002.
	SECTION 2. Not later than September 1, 2026, a home and
	community support services agency, intermediate care facility for
	individuals with an intellectual disability, or state supported
	living center that becomes subject to Chapter 331, Health and
	Safety Code, under Section 331.001, Health and Safety Code, as
	amended by this Act, shall comply with the requirements of that
	chapter.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 5, 2025

TO:	Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB463 by Campbell (Relating to the definition of facility for purposes of workplace violence prevention requirements.), 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:

529 Health and Human Services Commission

LBB Staff:

JMc, NPe, ER, LBl

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Frequently Asked Questions

Common questions about SB463

What does Texas SB463 do?

SB463 drastically expands the scope of Texas Health and Safety Code Chapter 331, extending strict workplace violence prevention mandates to Intermediate Care Facilities (ICFs) and all Home and Community Support Services Agencies (HCSSAs) that employ at least two registered nurses. These entities must now adopt the same rigorous committee governance, incident reporting, and prevention plans previously required only of hospitals and nursing homes. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2026 (Section 2 of the Act grants a one-year grace period for newly affected facilities to achieve full compliance).

Who authored SB463?

SB463 was authored by Texas Senator Donna Campbell during the Regular Session.

When was SB463 signed into law?

SB463 was signed into law by Governor Greg Abbott on May 20, 2025.

Which agencies enforce SB463?

SB463 is enforced by Health and Human Services Commission (HHSC).

How urgent is compliance with SB463?

The compliance urgency for SB463 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB463?

The cost impact of SB463 is estimated as "medium". This may vary based on industry and implementation requirements.

What topics does SB463 address?

SB463 addresses topics including hospitals, nursing homes, assisted living facilities and disabilities, persons with.

Legislative data provided by LegiScanLast updated: November 25, 2025

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