Monitoring the Session

HB 513

bill requiring surgical smoke evacuation policies in operating rooms

Did not pass

Verdict: No flags

No flagsInitial review
Rep. Ann JohnsonDHouse 134

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.

Caption from analyzed text · version I.

Summary

Hospitals and surgical centers clear the smoke during planned procedures.

The bill requires Texas hospitals and licensed ambulatory surgical centers to adopt and carry out a policy that uses surgical smoke evacuation equipment during planned operating-room procedures likely to produce surgical smoke. It touches hospitals, surgery centers, and the patients and staff in their operating rooms. Facilities must have the policy in place by January 1, 2026, and may choose any evacuation system that protects patients and providers.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 4365 (Did not pass) and this bill (Did not pass). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 4365 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.STALLED AFTER COMMITTEE. Voted out of the House Public Health committee 8-4 on Apr 14, 2025. Placed on the General State Calendar on May 14, 2025. The bill died.

Receipt

The receipt

89R-HB513 · 2024-11-12

SOLD BY

Rep. Ann JohnsonDHouse 134 Rep. Lauren Ashley SimmonsDHouse 146 Rep. Donna HowardDHouse 48

ITEM

relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.

WHAT IT DOES

Hospitals and surgical centers clear the smoke during planned procedures.

The bill requires Texas hospitals and licensed ambulatory surgical centers to adopt and carry out a policy that uses surgical smoke evacuation equipment during planned operating-room procedures likely to produce surgical smoke. It touches hospitals, surgery centers, and the patients and staff in their operating rooms. Facilities must have the policy in place by January 1, 2026, and may choose any evacuation system that protects patients and providers.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 7, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Public Health
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in public hearing
  9. Reported favorably w/o amendment(s)
  10. Comte report filed with Committee Coordinator
  11. Committee report distributed
  12. Committee report sent to Calendars
  13. Considered in Calendars
  14. Placed on General State Calendar
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Ann Johnson

Donors

Texas Trial Lawyers Association PAC$73KTexans for Truth and Liberty PAC$65KAgave Democratic Infrastructure Fund$55K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 27, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$72,500.00

Texas Trial Lawyers Association PAC

$72,500.00

Cash
$72,500.00
Paid by others
$0.00
Total
$72,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987008, 101008094, 101030169, 101058089, 101072095.

Texans for Truth and Liberty PAC$65,000.00

Texans for Truth and Liberty PAC

$65,000.00

Cash
$65,000.00
Paid by others
$0.00
Total
$65,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 26, 2025 to Oct 15, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101008094, 101072095.

Agave Democratic Infrastructure Fund$54,875.00

Agave Democratic Infrastructure Fund

$54,875.00

Cash
$25,000.00
Paid by others
$29,875.00
Total
$54,875.00
consulting $29,875.00

Also funds 5 other sitting lawmakers.

Derived recipient stock · Nov 22, 2024 to Oct 12, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Nov 22, 2024 to Oct 12, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987008, 101058089, 101068643, 101072095.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Trial Lawyers Association PAC

$72,500.00

Cash
$72,500.00
Paid by others
$0.00
Total
$72,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987008, 101008094, 101030169, 101058089, 101072095.

×

Texans for Truth and Liberty PAC

$65,000.00

Cash
$65,000.00
Paid by others
$0.00
Total
$65,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 26, 2025 to Oct 15, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101008094, 101072095.

×

Agave Democratic Infrastructure Fund

$54,875.00

Cash
$25,000.00
Paid by others
$29,875.00
Total
$54,875.00
consulting $29,875.00

Also funds 5 other sitting lawmakers.

Derived recipient stock · Nov 22, 2024 to Oct 12, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Nov 22, 2024 to Oct 12, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987008, 101058089, 101068643, 101072095.

Votes

No floor vote loaded for this bill.

Witnesses10
For
8
Against
2
On
0
Names

For

  • American Lung Association1 registration
  • Make Texans Healthy Again1 registration
  • Nursing Legislative Agenda Coalition1 registration
  • Self; Association of periOperative Registered Nurses (AORN)1 registration
  • Self; Texas Collaboration of PeriOperative Registered Nurses1 registration
  • Self; Texas Collaboration of Perioperative Registered Nurses & Association of Perioperative Registered Nurses1 registration
  • Texas Association of Nurse Anesthetists1 registration
  • Texas Nurses Association1 registration

Against

  • Self; True texas project2 registrations
Sources

10 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 7, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 4365

by Rep. Ann Johnson, same lead author · Did not pass · reworked

Introduced text

Last action, May 11, 2023: Placed on General State Calendar

Relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.

Caption, 88R bill history

Sources

Texas House · Filed Nov 12, 2024

05/14/2025 H Placed on General State Calendar

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Public Health · Committee vote 8 aye, 4 nay, 1 absent · Out of committee

Companion

SB 490 by Miles (identical)

Subjects

Health--General

Hospitals

Safety

MEDICAL CARE FACILITIES

Text

The text as introduced · 345 words

89R1435 MPF-F

By: Johnson
H.B. No. 513

A BILL TO BE ENTITLED

AN ACT

relating to the adoption and implementation of a surgical smoke

evacuation system policy at certain health care facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 222, Health and Safety Code, is amended

by adding Subchapter D to read as follows:

SUBCHAPTER D. SURGICAL SMOKE EVACUATION SYSTEM POLICY AT CERTAIN

HEALTH CARE FACILITIES

Sec. 222.061. DEFINITIONS. In this subchapter:

(1) "Health care facility" means:

(A) a hospital licensed under Chapter 241 or

maintained or operated by this state; and

(B) an ambulatory surgical center licensed under

Chapter 243.

(2) "Surgical smoke" means the gaseous by-product,

including surgical plume, smoke plume, bio-aerosols,

laser-generated airborne contaminants, or lung-damaging dust,

produced by an energy-generating device used in connection with a

surgical procedure.

(3) "Surgical smoke evacuation system" means

equipment that may be used to capture, filter, and remove surgical

smoke before the surgical smoke makes contact with the eyes or

respiratory tract of an individual, including a patient or health

care provider, occupying a room where a surgical procedure is

performed. The term includes equipment integrated with or

separated from the energy-generating device.

Sec. 222.062. SURGICAL SMOKE EVACUATION SYSTEM POLICY. (a)

A health care facility shall adopt and implement a policy to

mitigate an individual's exposure to surgical smoke through the use

of a surgical smoke evacuation system during each planned surgical

procedure that is performed in an operating room and is likely to

generate surgical smoke.

(b) A health care facility may use any surgical smoke

evacuation system that provides protection to patients and health

care providers, based on the types of surgical techniques and

procedures performed at the facility.

SECTION 2. Not later than January 1, 2026, a health care

facility, as that term is defined by Section 222.061, Health and

Safety Code, as added by this Act, shall adopt and implement the

policy required by Section 222.062, Health and Safety Code, as

added by this Act.

SECTION 3. This Act takes effect September 1, 2025.