Enrolled Bill Summary

            House Bill 15 enacts the Woman's Right to Know Act and other amendments to the Health and Safety Code relating to the regulation of abortions. The act prohibits performance of an abortion except by a physician licensed to practice medicine in Texas and allows abortion of a fetus age 16 weeks or more only at a licensed ambulatory surgical center or hospital.

            An abortion may not occur without the voluntary and informed consent of the woman at least 24 hours in advance. The referring physician or performing physician must provide certain information to the woman, including the medical risks of the particular abortion procedure to be employed, the possibility of increased risk of breast cancer after an induced abortion, the natural protective effect of a completed pregnancy against breast cancer, and the medical risks of carrying a child to term. The performing physician or the physician's agent must inform the woman that medical benefits may be available for prenatal care, childbirth, and neonatal care; that the father is liable for assistance in support of the child; that public and private agencies provide pregnancy prevention counseling and medical referrals for obtaining pregnancy prevention medication or devices, including emergency contraception for victims of rape or incest; and that the woman has the right to review materials provided by the Texas Department of Health (TDH) that provide, in addition to the information on medical risks, child support, and pregnancy prevention, a description of the unborn child and a list of agencies that offer alternatives to abortion.

            The bill requires the Texas Department of Health to publish in print form and make available on the Internet the specified materials. The materials describing the unborn child must include realistic color pictures representing its development at two-week gestational increments. The information on agencies that offer alternatives to abortion must include agencies that do not provide, and are not affiliated with organizations that provide, abortions, abortion-related services, or referrals to abortion providers and that are available to assist a woman through pregnancy, childbirth, and the child's dependency, including a comprehensive list of adoption agencies, their services, and information on how to contact them. The information can be provided through a geographically indexed list of agencies or through a toll-free, 24-hour telephone number to call for an oral list and description of agencies located near the caller.

            The bill provides for the 24-hour waiting period following informed consent to run concurrently with the period of constructive notice under the Family Code chapter on parental notice. It also creates a misdemeanor offense, punishable by a fine not to exceed $10,000, for a physician who intentionally performs an abortion in violation of the act.

            The remainder of House Bill 15 amends Texas Abortion Facility Reporting and Licensing Act licensing requirements. A facility that advertises itself publicly as an abortion provider or that performs at least 10 abortions per month, subject to certain adjustments, or 100 per year must be licensed. Under previous law the threshold was more than 300 per year. An ambulatory surgical center licensed under the Texas Ambulatory Surgical Center Licensing Act is not required to obtain an abortion facility license. Rules under the Texas Abortion Facility Reporting and Licensing Act must contain provisions requiring compliance with the Woman's Right to Know Act, and TDH fees under the Texas Abortion Facility Reporting and Licensing Act must also defray the costs of administering the Woman's Right to Know Act.