House Bill 46 aims to improve the Texas Compassionate Use Program (TCUP) and has evolved at nearly every stage of the legislative process. After passing the House as a great bill to improve and expand TCUP, the bill was amended by the Senate State Affairs Committee to be far more restrictive. Listen to the meeting here.
Most Concerning: the House-approved list of qualifying conditions was stripped down to only include terminal patients in hospice care. The bill also strips patient protections and privacy.
The committee substitute for HB 46 cuts access for patients with chronic pain, glaucoma, traumatic brain injury, spinal neuropathy, Crohn’s disease or other inflammatory bowel disease, and degenerative disc disease. The only additional patients who would qualify to participate in TCUP are those with a terminal illness or condition and who are actively receiving hospice care. The substitute also removes language that would have granted DSHS authority to add new qualifying conditions.
A full breakdown of the bill as amended in committee can be found here. The bill sponsor, Sen. Charles Perry, has indicated that he’ll be offering further amendments on the floor.
LATEST NEWS: Late on May 25, Rep. Tom Oliverson (co-author of HB 46) announced that he and Lt. Gov. Dan Patrick have come to an agreement on the final bill.
These changes come as a result of massive public pressure. The proposed changes don’t address all of our concerns, but it is certainly MUCH BETTER than what was passed out of State Affairs on Friday night.
Advocates can use this link to contact their senators in support of HB 46 and ask for an amendment to include more qualifying conditions.
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Rep. Daniel Alders (R-Tyler) began the House’s outcry on X by expanding on a post explaining the changes to the bill.
“One of the main reasons why many representatives voted yes on SB3 was because the Texas House passed legislation specifically expanding TCUP,” Alders said on the social media platform. “At minimum the Senate needs to expand the program to include: - Chronic pain and TBI traumatic brain injury - More license holders - Prescription by mail. We must get this right.”
Rep. Katrina Pierson (R-Rockwall) said on X that she agrees “100%” with Alders’ statement.
Rep. Tim Oliverson (R-Cypress), one of the authors of HB 46, also expressed displeasure at the altering of the proposal.
“I am deeply disappointed in the removal of chronic pain and TBI from the Senate version of HB46. I am working tirelessly to get it back in the bill,” Oliverson said on X. “Without these qualifying conditions and more access than what is currently contemplated, I am concerned about the effect of SB3 on Texans with legitimate medical conditions.”
Rep. Nate Schatzline (R-Fort Worth) also spoke out on X.
“Last week I voted to expand TCUP, the Texas Compassionate Use Program,” Schatzline said. “I hope & believe that the Senate will keep the expansion for: - Chronic pain and TBI traumatic brain injury - More license holders - Prescription by mail.”