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A BILL TO BE ENTITLED
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AN ACT
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relating to the right to assistive reproductive technology |
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treatments and procedures, including in vitro fertilization. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter X to read as follows: |
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SUBCHAPTER X. RIGHT TO ASSISTIVE REPRODUCTIVE TECHNOLOGY |
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TREATMENTS AND PROCEDURES |
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Sec. 161.701. DEFINITION. In this subchapter, "assistive |
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reproductive technology treatment or procedure" means a health care |
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treatment or procedure in which a human oocyte or embryo is handled |
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by a health care practitioner for fertility purposes. The term |
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includes in vitro fertilization, gamete intrafallopian transfer, |
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and zygote intrafallopian transfer. |
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Sec. 161.702. CONSTRUCTION OF SUBCHAPTER. (a) This |
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subchapter may not be construed to prohibit the enforcement of a |
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health and safety law if the law: |
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(1) advances the safety of health care services or the |
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health of patients; and |
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(2) cannot be advanced by a less restrictive alternate |
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measure or action. |
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(b) This subchapter may not be construed to modify, |
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supersede, or otherwise affect the coverage of assistive |
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reproductive technology procedures or treatments under Chapter |
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1366, Insurance Code. |
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Sec. 161.703. RULES. The executive commissioner may adopt |
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rules necessary to implement this subchapter. |
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Sec. 161.704. INFRINGEMENT OF RIGHT TO ASSISTIVE |
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REPRODUCTIVE TECHNOLOGY TREATMENTS AND PROCEDURES PROHIBITED. |
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This state, a political subdivision of this state, or an official or |
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employee of this state or a political subdivision of this state may |
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not prohibit or unreasonably limit: |
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(1) an individual from: |
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(A) accessing an assistive reproductive |
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technology treatment or procedure; |
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(B) continuing or completing an ongoing |
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assistive reproductive technology treatment or procedure under a |
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written plan or agreement with a health care provider; or |
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(C) retaining all rights regarding the use of the |
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individual's reproductive genetic material, including gametes; |
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(2) a health care provider from: |
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(A) performing or administering an assistive |
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reproductive technology treatment or procedure; or |
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(B) providing evidence-based information related |
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to assistive reproductive technology treatments or procedures; or |
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(3) a health benefit plan issuer from covering an |
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assistive reproductive technology treatment or procedure. |
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Sec. 161.705. CIVIL ACTION. (a) The following persons may |
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bring a civil action for appropriate equitable relief, including a |
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temporary or permanent injunction, against a governmental entity, |
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official, or employee who violates Section 161.704: |
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(1) the attorney general; |
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(2) a person adversely affected by the violation; or |
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(3) a health care provider on the provider's behalf or |
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on behalf of a patient who is adversely affected by the violation. |
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(b) A court shall award a claimant who prevails in an action |
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brought under this section court costs and reasonable attorney's |
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fees incurred in bringing the action. The court may not award court |
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costs and attorney's fees to the defendant for a nonfrivolous |
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claim. |
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SECTION 2. Section 161.705, Health and Safety Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |