SB 155

Relating to immunity from criminal liability for certain health care practitioners.

Filed

Verdict: Smells

SmellsInitial review

Sen. José MenéndezDSenate 26

Why it's charged

The hole

THE TEXT

“if harm or damage results from a criminally negligent, reckless, knowing, or intentional act”

Bill text, introduced version (I)

The bill advertises criminal immunity, but this exception strips it for every listed mental state, which as a matter of general knowledge of Texas law covers nearly every way a person can be held criminally liable. The main case a practitioner would worry about, a negligent or reckless mistake, falls outside the shield.

The hole

Initial review · graded Nov 9, 2026 · How we grade

Caption

relating to immunity from criminal liability for certain health care practitioners.

Caption from analyzed text · version I.

Summary

The bill says doctors, nurses, physician assistants, surgical assistants and anyone giving care at licensed hospitals, nursing homes, surgery centers, home health agencies, freestanding ERs and mental hospitals cannot face criminal liability for harm that comes from their care. That shield is then lifted whenever the harm comes from a criminally negligent, reckless, knowing or intentional act. Because those four mental states are listed as the exception, the shield mainly reaches harm caused with no culpable mental state at all, so little may change for prosecutors or practitioners on the ground.

Labels

Labels: BACK FROM THE DEAD. Same text as a bill filed before that died: 89R SB 2380 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R and 89R only.TRY NO. 2. Filed in 2 sessions: 89R and 90R. Checked against 88R and 89R only.

Receipt

The receipt

90R-SB155 · 2026-11-09

SOLD BY

Sen. José MenéndezDSenate 26

ITEM

relating to immunity from criminal liability for certain health care practitioners.

WHAT IT DOES

CHARGES

[x] THE HOLEanalysis confidence 60%

THE TEXT

“if harm or damage results from a criminally negligent, reckless, knowing, or intentional act”

Bill text, introduced version (I)

TOTAL

No fiscal note in the loaded record.

HISTORY

Nov 9, 2026Received by the Secretary of the Senate
Nov 9, 2026Filed

FILED UNDER

No verified beat found.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

José Menéndez

Donors

Kickapoo Traditional Tribes of Texas$25K Texas Trial Lawyers Association PAC$20K Texas REALTORS Political Action Committee$10K

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 · Jul 2, 2024 to Oct 5, 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.

Kickapoo Traditional Tribes of Texas$25,000.00

Kickapoo Traditional Tribes of Texas

$25,000.00

Cash: $25,000.00
Paid by others: $0.00
Total: $25,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Jan 22, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Jan 22, 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: 101065471.

Texas Trial Lawyers Association PAC$20,000.00

Texas Trial Lawyers Association PAC

$20,000.00

Cash: $20,000.00
Paid by others: $0.00
Total: $20,000.00

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 · Dec 12, 2024 to Oct 5, 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: 101012370, 101032316, 101072614.

Texas REALTORS Political Action Committee$10,000.00

Texas REALTORS Political Action Committee

$10,000.00

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

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Dec 2, 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: 101032316.

Money

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

Kickapoo Traditional Tribes of Texas

$25,000.00

Cash: $25,000.00
Paid by others: $0.00
Total: $25,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Jan 22, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Jan 22, 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: 101065471.

Texas Trial Lawyers Association PAC

$20,000.00

Cash: $20,000.00
Paid by others: $0.00
Total: $20,000.00

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 · Dec 12, 2024 to Oct 5, 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: 101012370, 101032316, 101072614.

Texas REALTORS Political Action Committee

$10,000.00

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

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Dec 2, 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: 101032316.

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 a super-expensive superintelligence, Nov 9, 2026, against the published rubric.

FILED BEFORE

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

89R SB 2380

by Sen. Menéndez, same lead author · Died in committee · same text

Introduced text

Last action, Mar 25, 2025: Referred to State Affairs

Relating to immunity from criminal liability for certain health care practitioners.

Caption, 89R bill history

Sources

Texas Senate · Filed Nov 9, 2026

11/09/2026 S Filed

Texas Legislature Online · Introduced

Data snapshot Nov 10, 2026 at 2:40 AM CST. Grades, charges, quotes and corrections follow the published record.

Subjects

Civil Remedies & Liabilities

Crimes--Miscellaneous

Health Care Providers

Occupational Regulation--Health Occupations

Text

The text as introduced · 446 words

90R2654 LRM-F

By: Menéndez
S.B. No. 155

A BILL TO BE ENTITLED

AN ACT

relating to immunity from criminal liability for certain health

care practitioners.

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

SECTION 1. Subtitle H, Title 2, Health and Safety Code, is

amended by adding Chapter 177 to read as follows:

CHAPTER 177. IMMUNITY FROM CRIMINAL LIABILITY FOR HEALTH CARE

PRACTITIONERS

Sec. 177.001. DEFINITIONS. In this chapter:

(1) "Health care practitioner" means an individual

who:

(A) provides a health care service at one of the

following facilities:

(i) a home and community support services

agency licensed or licensed and certified under Chapter 142;

(ii) a hospital licensed under Chapter 241

or a hospital maintained or operated by an agency of this state that

is exempt from licensing under that chapter;

(iii) a nursing facility licensed under

Chapter 242;

(iv) an ambulatory surgical center licensed

under Chapter 243;

(v) a freestanding emergency medical care

facility as defined by Section 254.001; or

(vi) a mental hospital licensed under

Chapter 577; or

(B) is licensed, certified, or registered as a:

(i) physician under Chapter 155,

Occupations Code;

(ii) physician assistant under Chapter 204,

Occupations Code;

(iii) surgical assistant under Chapter 206,

Occupations Code; or

(iv) nurse under Chapter 301, Occupations

Code.

(2) "Health care service" means a service within the

scope of a health care practitioner's practice provided to an

individual in this state. The term includes a diagnostic,

treatment, or rehabilitative service.

Sec. 177.002. IMMUNITY FROM CRIMINAL LIABILITY; EXCEPTION.

(a) Notwithstanding any other law and except as provided by

Subsection (b), a health care practitioner providing a health care

service is immune from criminal liability for any harm or damage

resulting from an act or omission relating to the provision of the

health care service.

(b) A health care practitioner is not immune from criminal

liability under Subsection (a) if harm or damage results from a

criminally negligent, reckless, knowing, or intentional act.

Sec. 177.003. CONSTRUCTION. This chapter may not be

construed to amend, repeal, or alter any other immunity, defense,

limitation of liability, or procedure available under any other law

or contract.

SECTION 2. Section 177.002, Health and Safety Code, as

added by this Act, applies only to a suspected offense that was

committed, is believed to have been committed, or was discovered on

or after the effective date of this Act.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2027.