HB 2140

Overall Vote Recommendation
No
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
negative
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest
HB 2140 amends the Health and Safety Code to change the composition of the Texas Maternal Mortality and Morbidity Review Committee. The bill increases the committee from 23 to 25 members and increases the number of members appointed by the commissioner of state health services from 21 to 23.

The bill adds two doulas to the appointed membership of the committee. One doula must have experience providing care in an urban community, one must have experience providing care in a rural community, and at least one of the two must specialize in end-of-life care. The bill retains the existing representatives from medical, public health, managed care, community, and state health agency backgrounds.

The bill also directs the commissioner of state health services to appoint the new committee members as soon as practicable after the bill takes effect.

The originally filed version of HB 2140 and the Committee Substitute both increase the Texas Maternal Mortality and Morbidity Review Committee from 23 to 25 members and increase the commissioner-appointed members from 21 to 23. Both versions add doula representation to the committee and require the commissioner of state health services to appoint the new members as soon as practicable after the bill takes effect.

The key difference is how the two new doula positions are described. The originally filed bill added “one doula” and “one doula specializing in end-of-life care” as two separate appointment categories. The Committee Substitute instead combines the two positions into a single category for “two doulas” and adds geographic experience requirements: one must have experience providing care in an urban community, one must have experience providing care in a rural community, and at least one must specialize in end-of-life care.

In practical terms, the Committee Substitute does not change the size of the committee or the basic purpose of adding doula representation. It refines the appointment criteria by requiring both urban and rural care experience, while preserving the end-of-life specialization requirement for at least one of the two doulas. This makes the substitute more specific about the perspectives the added members are expected to bring to the committee.
Author (4)
Lauren Simmons
Toni Rose
Suleman Lalani
Charlene Ward Johnson
Co-Author (5)
Nicole Collier
Caroline Fairly
Linda Garcia
Gina Hinojosa
Vincent Perez
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2140 is not expected to have a significant fiscal implication to the state. The LBB assumes that any costs associated with implementing the bill could be absorbed using existing resources.

Because the bill only changes the composition of the Texas Maternal Mortality and Morbidity Review Committee by adding two doula members, the likely fiscal effect would be limited to routine administrative costs, such as appointments, coordination, and participation in committee activities. The fiscal note does not identify any new appropriation, staffing requirement, grant program, or recurring state expenditure.

The LBB also reports that no fiscal implication to units of local government is anticipated. As a result, the bill does not appear to create a state mandate on counties, cities, hospital districts, or other local governmental entities.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote NO on HB 2140 because it expands an existing state advisory committee that already reflects a broader policy preference for government-directed review, study, and recommendation structures. The bill increases the Texas Maternal Mortality and Morbidity Review Committee from 23 to 25 members by adding two doulas appointed by the commissioner of state health services. Although the bill does not create a new committee, it does enlarge an existing one and further prescribes the professional and geographic qualifications of its appointed membership.

The limited scope of the bill does not eliminate the limited-government concern. Texas Policy Research is generally skeptical of state studies, task forces, advisory committees, and review bodies because they can normalize bureaucratic involvement in policy areas better addressed through direct statutory reforms, private-sector innovation, medical practice, civil society, or local accountability. If the underlying committee is viewed as unnecessary or outside the proper scope of state government, then expanding it, even by two members, moves policy in the wrong direction.

The bill does not appear to create a significant taxpayer burden. The LBB concluded that no significant fiscal implications to the state are anticipated, that any costs could be absorbed using existing resources, and that no fiscal implications to local governments are anticipated. The bill also does not impose a regulatory burden on individuals or businesses. The bill analysis states that it does not create or increase a criminal offense and does not expressly grant additional rulemaking authority.

Even so, the absence of a major fiscal or regulatory impact is not enough to justify support. The core issue is structural: HB 2140 expands the membership and statutory specificity of an existing government review committee. For lawmakers who oppose the continued reliance on state advisory committees as a policy tool, voting against even a limited expansion is appropriate.

Free Enterprise
neutral
The bill does not create new licensing requirements, market restrictions, reimbursement rules, mandates, subsidies, or compliance obligations for doulas, hospitals, physicians, insurers, or other health care businesses. It may give doulas a formal voice on a state committee, but it does not regulate entry into the doula profession or alter private-sector competition.
Property Rights
neutral
The bill has no discernible impact on private property rights. It does not affect land use, ownership, takings authority, asset control, business property, or compliance duties tied to private property.
Personal Responsibility
negative
The bill does not directly reduce personal responsibility or create a new benefit program. It does, however, reinforce the use of state advisory structures to study and recommend policy responses in an area that may also be addressed through families, medical professionals, private associations, and civil society. For a limited-government analysis, that reliance on state review mechanisms carries some concern even if the bill itself does not create dependency or entitlement incentives.
Limited Government
negative
The bill increases the Texas Maternal Mortality and Morbidity Review Committee from 23 to 25 members and further specifies the qualifications of appointed members. That is a direct, though narrow, expansion of an existing government advisory body. The bill does not create a new agency, rulemaking authority, criminal penalty, or significant fiscal burden, but if the committee itself is viewed as unnecessary, expanding its size and statutory specificity is a meaningful limited-government objection.
Individual Liberty
neutral
The bill does not impose mandates, penalties, surveillance, restrictions, or new legal duties on individuals. It does not regulate patient choices, provider conduct, or private medical decision-making. Its direct effect is limited to changing the membership of an existing state advisory committee. The liberty cost is indirect: it marginally expands a government review body that may influence future recommendations on maternal health policy.
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