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A BILL TO BE ENTITLED
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AN ACT
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relating to abortion reporting and exemptions to abortion facility |
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licensing; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.009 to read as follows: |
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Sec. 171.009. REPORTING REQUIREMENTS FOR ABORTIONS |
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PERFORMED OUTSIDE ABORTION FACILITY; CRIMINAL OFFENSE. (a) A |
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physician who performs an abortion at a location other than an |
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abortion facility licensed under Chapter 245 must complete and |
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submit a monthly report to the commission on each abortion |
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performed by the physician. The report must be submitted on a form |
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provided by the commission. |
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(b) The report may not identify by any means the patient. |
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(c) The report must include: |
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(1) the type of facility at which the abortion was |
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performed and the licensing status of that facility; |
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(2) the patient's year of birth, race, marital status, |
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and state and county of residence; |
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(3) the type of abortion procedure performed; |
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(4) the date the abortion was performed; |
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(5) whether the patient survived the abortion, and if |
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the patient did not survive, the cause of death; |
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(6) the probable post-fertilization age of the unborn |
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child based on the best medical judgment of the attending physician |
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at the time of the procedure; |
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(7) the date, if known, of the patient's last menstrual |
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cycle; |
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(8) the number of previous live births of the patient; |
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(9) the number of previous induced abortions of the |
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patient; and |
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(10) the county in which the abortion was performed. |
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(d) All information and records held by the commission under |
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this section are confidential and are not open records for the |
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purposes of Chapter 552, Government Code. That information may not |
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be released or made public on subpoena or otherwise, except that |
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release may be made: |
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(1) for statistical purposes, but only if a person, |
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patient, or physician performing an abortion is not identified; |
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(2) with the consent of each person, patient, and |
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physician identified in the information released; |
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(3) to medical personnel, appropriate state agencies, |
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or county and district courts to enforce this chapter; or |
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(4) to appropriate state licensing boards to enforce |
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state licensing laws. |
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(e) A person commits an offense if the person violates |
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Subsection (b), (c), or (d). An offense under this subsection is a |
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Class A misdemeanor. |
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(f) Not later than the 15th day of each month, a physician |
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shall submit to the commission the report required by this section |
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for each abortion performed by the physician at a location other |
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than an abortion facility in the preceding calendar month. |
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(g) The commission shall establish and maintain a secure |
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electronic reporting system for the submission of the reports |
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required by this section. The commission shall adopt procedures to |
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enforce this section and to ensure that only physicians who perform |
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one or more abortions during the preceding calendar month are |
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required to file the reports under this section for that month. |
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SECTION 2. Section 245.004, Health and Safety Code, as |
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amended by Chapters 198 (H.B. 2292) and 999 (H.B. 15), Acts of the |
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78th Legislature, Regular Session, 2003, is reenacted and amended |
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to read as follows: |
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Sec. 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT. (a) |
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The following facilities need not be licensed under this chapter: |
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(1) a hospital licensed under Chapter 241 (Texas |
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Hospital Licensing Law); [or] |
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(2) the office of a physician licensed under Subtitle |
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B, Title 3, Occupations Code, unless the office is used |
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substantially for the purpose of performing [more than 50] |
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abortions; or |
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(3) an ambulatory surgical center licensed under |
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Chapter 243. |
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(b) For purposes of this section, a facility is used |
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substantially for the purpose of performing abortions if the |
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facility: |
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(1) is a provider for performing: |
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(A) at least five [10] abortion procedures during |
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any month; or |
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(B) at least 50 [100] abortion procedures in a |
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12-month period [year]; |
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(2) operates less than 20 days in a month and the |
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facility, in any month, is a provider for performing a number of |
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abortion procedures that would be equivalent to at least five [10] |
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procedures in a month if the facility were operating at least 20 |
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days in a month; |
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(3) holds itself out to the public as an abortion |
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provider by advertising by any public means, including advertising |
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placed in a newspaper, telephone directory, magazine, or electronic |
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medium, that the facility performs abortions; or |
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(4) applies for an abortion facility license. |
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(b-1) In computing the number of abortions performed for |
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purposes of Subsections (b)(1) and (2), an abortion performed in |
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accordance with Section 245.016 is not included. |
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(c) For purposes of this section, an abortion facility is |
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operating if the facility is open for any period of time during a |
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day and has on site at the facility or on call a physician available |
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to perform abortions. |
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SECTION 3. Section 245.011(c), Health and Safety Code, as |
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effective September 1, 2021, is amended to read as follows: |
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(c) The report must include: |
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(1) whether the abortion facility at which the |
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abortion is performed is licensed under this chapter; |
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(2) the patient's year of birth, race, marital status, |
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and state and county of residence; |
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(3) the type of abortion procedure performed; |
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(4) the date the abortion was performed; |
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(5) whether the patient survived the abortion, and if |
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the patient did not survive, the cause of death; |
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(6) the probable post-fertilization age of the unborn |
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child based on the best medical judgment of the attending physician |
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at the time of the procedure; |
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(7) the date, if known, of the patient's last menstrual |
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cycle; |
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(8) the number of previous live births of the patient; |
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(9) the number of previous induced abortions of the |
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patient; |
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(10) whether the abortion was performed or induced |
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because of a medical emergency and any medical condition of the |
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pregnant woman that required the abortion; [and] |
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(11) the county in which the abortion was performed; |
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and |
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(12) the information required under Sections |
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171.008(a) and (c). |
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SECTION 4. Section 245.002, Health and Safety Code, is |
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amended by adding Subdivision (3) to read as follows: |
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(3) "Commission" means the Health and Human Services |
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Commission. |
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SECTION 5. Section 245.0116, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 245.0116. COMMISSION [DEPARTMENT] REPORT. (a) The |
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commission [department] shall publish on its Internet website a |
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monthly report containing aggregate data of the information in the |
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reports submitted under Sections [Section] 171.009 and 245.011. The |
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report must specify the number of abortions performed in each |
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county during the reporting period. |
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(b) The commission's [department's] monthly report may not |
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identify by any means an abortion facility, a physician performing |
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the abortion, or a patient. |
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SECTION 6. The changes in law made by this Act apply only to |
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an abortion performed on or after the effective date of this Act. |
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SECTION 7. This Act takes effect December 1, 2021. |