Monitoring the Session

SB 490

hospitals must evacuate surgical smoke

Died in committee

Verdict: No flags

No flagsInitial review
Sen. Borris MilesDSenate 13

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

A policy and the equipment for planned operating-room surgeries.

The bill requires hospitals and surgery centers in Texas to adopt and follow a policy that uses surgical smoke evacuation equipment during planned operating-room surgeries likely to produce surgical smoke. It covers state-licensed or state-run hospitals and licensed ambulatory surgical centers, along with the patients and staff in their operating rooms. Each facility 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 SB 707 (Died in committee) and this bill (Died in committee). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R SB 707 (Died in committee). 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.NEVER GOT A HEARING. Filed Nov 22, 2024 and referred to the Senate Health & Human Services committee. No public hearing. The bill died.

Receipt

The receipt

89R-SB490 · 2024-11-22

SOLD BY

ITEM

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

WHAT IT DOES

A policy and the equipment for planned operating-room surgeries.

The bill requires hospitals and surgery centers in Texas to adopt and follow a policy that uses surgical smoke evacuation equipment during planned operating-room surgeries likely to produce surgical smoke. It covers state-licensed or state-run hospitals and licensed ambulatory surgical centers, along with the patients and staff in their operating rooms. Each facility 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 fiscal note in the loaded record.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Health & Human Services
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

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 · Sep 4, 2024 to Nov 30, 2025. 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$15,000.00

Texas Trial Lawyers Association PAC

$15,000.00

Cash
$15,000.00
Paid by others
$0.00
Total
$15,000.00

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 · Oct 25, 2024 to Nov 3, 2025. 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: 100990780, 101043817.

HillCo PAC$10,000.00

HillCo PAC

$10,000.00

Cash
$10,000.00
Paid by others
$0.00
Total
$10,000.00

Also funds 131 other sitting lawmakers.

Derived recipient stock · Jul 8, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Oct 24, 2025. 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: 101043817.

ActBlue Texas$8,833.00

ActBlue Texas

$8,833.00

Cash
$8,833.00
Paid by others
$0.00
Total
$8,833.00

Also funds 3 other sitting lawmakers.

Derived recipient stock · Sep 1, 2024 to Sep 4, 2025. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · on Nov 1, 2024. 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: 100990780.

Money

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

×

Texas Trial Lawyers Association PAC

$15,000.00

Cash
$15,000.00
Paid by others
$0.00
Total
$15,000.00

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 · Oct 25, 2024 to Nov 3, 2025. 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: 100990780, 101043817.

×

HillCo PAC

$10,000.00

Cash
$10,000.00
Paid by others
$0.00
Total
$10,000.00

Also funds 131 other sitting lawmakers.

Derived recipient stock · Jul 8, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Oct 24, 2025. 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: 101043817.

×

ActBlue Texas

$8,833.00

Cash
$8,833.00
Paid by others
$0.00
Total
$8,833.00

Also funds 3 other sitting lawmakers.

Derived recipient stock · Sep 1, 2024 to Sep 4, 2025. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · on Nov 1, 2024. 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: 100990780.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

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 SB 707

by Sen. Miles, same lead author · Died in committee · reworked

Introduced text

Last action, Mar 1, 2023: Referred to Health & Human Services

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

Caption, 88R bill history

Sources

Texas Senate · Filed Nov 22, 2024

02/03/2025 S Referred to Health & Human Services

Texas Legislature Online · Introduced

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

Senate committee · Health & Human Services · Final status: Died in committee

Companion

HB 513 by Johnson (identical)

Subjects

Health--General

Hospitals

Safety

Text

The text as introduced · 345 words

89R1435 MPF-F

By: Miles
S.B. No. 490

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.