By: Chisum H.B. No. 2635
73R4409 CAE-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abortions; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 2, Health and Safety Code, is amended by
1-5 adding Subtitle I to read as follows:
1-6 SUBTITLE I. ABORTIONS
1-7 CHAPTER 171. GENERAL PROVISIONS
1-8 Sec. 171.001. INTENT; FINDINGS. (a) It is the intent of
1-9 the legislature to protect the life and health of a woman subject
1-10 to abortion and to protect the life and health of a child subject
1-11 to abortion. It is also the intent of the legislature to foster
1-12 the development of standards of professional conduct in a critical
1-13 area of medical practice, to provide for development of statistical
1-14 data, and to protect the right of the minor woman voluntarily to
1-15 decide to submit to abortion or to carry her child to term. The
1-16 legislature finds that the rights and interests furthered by this
1-17 chapter are not secure in the context in which abortion is
1-18 presently performed.
1-19 (b) Reliable and convincing evidence has compelled the
1-20 legislature to find that:
1-21 (1) many women now seek or are encouraged to undergo
1-22 abortions without full knowledge of the development of the unborn
1-23 child or of alternatives to abortion;
1-24 (2) the gestational age at which viability of an
2-1 unborn child occurs has been lowering substantially and steadily as
2-2 advances in neonatal medical care continue to be made;
2-3 (3) a significant number of late-term abortions result
2-4 in live births, or in delivery of children who could survive if
2-5 measures were taken to bring about breathing and some physicians
2-6 have been allowing these children to die or have been failing to
2-7 induce breathing;
2-8 (4) because the state places a supreme value on
2-9 protecting human life, it is necessary that those physicians which
2-10 it permits to practice medicine be held to precise standards of
2-11 care in cases in which their actions do or may result in the death
2-12 of an unborn child; and
2-13 (5) a reasonable waiting period, as contained in this
2-14 subtitle, is critical to the assurance that a woman elect to
2-15 undergo an abortion procedure only after having the fullest
2-16 opportunity to give her informed consent to the abortion.
2-17 (c) In every relevant civil or criminal proceeding in which
2-18 it is possible to do so without violating the Federal Constitution,
2-19 the common and statutory law of this state shall be construed so as
2-20 to extend to the unborn the equal protection of the laws and to
2-21 further the public policy of this state encouraging childbirth over
2-22 abortion.
2-23 (d) It is the further public policy of this state:
2-24 (1) to respect and protect the right of conscience of
2-25 all persons who refuse to obtain, receive, subsidize, accept, or
2-26 provide abortions, including those persons who are engaged in the
2-27 delivery of medical services and medical care; and
3-1 (2) to prohibit all forms of discrimination,
3-2 disqualification, coercion, disability, or imposition of liability
3-3 or financial burden on persons who are engaged in the delivery of
3-4 medical services and medical care by reason of their refusing to
3-5 act contrary to their conscience or conscientious convictions in
3-6 refusing to obtain, receive, subsidize, accept, or provide
3-7 abortions.
3-8 Sec. 171.002. DEFINITIONS. In this subtitle:
3-9 (1) "Abortion" means the use of any means to terminate
3-10 the clinically diagnosable pregnancy of a woman with knowledge that
3-11 the termination by those means will, with reasonable likelihood,
3-12 cause the death of the unborn child except that, for the purposes
3-13 of this subtitle, the term does not include the use of an
3-14 intrauterine device or birth control pill to inhibit or prevent
3-15 ovulation, fertilization, or the implantation of a fertilized ovum
3-16 within the uterus.
3-17 (2) "Board" means the Texas State Board of Medical
3-18 Examiners.
3-19 (3) "Born alive" means that the human being was
3-20 completely expelled or extracted from her or his mother and after
3-21 the separation breathed or showed evidence of any of the following:
3-22 (A) beating of the heart;
3-23 (B) pulsation of the umbilical cord;
3-24 (C) definite movement of voluntary muscles; or
3-25 (D) brain-wave activity.
3-26 (4) "Complication" includes hemorrhage, infection,
3-27 uterine perforation, cervical laceration, and retained products.
4-1 (5) "Conscience" means a sincerely held set of moral
4-2 convictions arising from belief in and relation to a deity or
4-3 which, though not so derived, obtains from a place in the life of
4-4 its possessor parallel to that filled by a deity among adherents to
4-5 religious faiths.
4-6 (6) "Department" means the Texas Department of Health.
4-7 (7) "Facility" or "medical facility" means any public
4-8 or private hospital, clinic, center, medical school, medical
4-9 training institution, health care facility, physician's office,
4-10 infirmary, dispensary, ambulatory surgical treatment center, or
4-11 other institution or location in which medical care is provided to
4-12 any person.
4-13 (8) "Fertilization" or "conception" means the fusion
4-14 of a human spermatozoon with a human ovum.
4-15 (9) "First trimester" means the first 12 weeks of
4-16 gestation.
4-17 (10) "Gestational age" means the age of the unborn
4-18 child as calculated from the first day of the last menstrual period
4-19 of the pregnant woman.
4-20 (11) "Hospital" has the meaning assigned that term by
4-21 Section 241.003.
4-22 (12) "In vitro fertilization" means the purposeful
4-23 fertilization of a human ovum outside the body of a living human
4-24 female.
4-25 (13) "Medical emergency" means a condition that, on
4-26 the basis of the physician's good faith clinical judgment, so
4-27 complicates the medical condition of a pregnant woman as to
5-1 necessitate the immediate abortion of her pregnancy to avert her
5-2 death or for which a delay will create serious risk of substantial
5-3 and irreversible impairment of major bodily function.
5-4 (14) "Medical personnel" means any nurse, nurse's
5-5 aide, medical school student, professional, or any other person who
5-6 furnishes, or assists in the furnishing of, medical care.
5-7 (15) "Minor" has the meaning assigned that term by
5-8 Section 11.01, Family Code.
5-9 (16) "Physician" means any person licensed to practice
5-10 medicine in this state as provided by the Medical Practice Act
5-11 (Article 4495b, Vernon's Texas Civil Statutes).
5-12 (17) "Pregnancy" or "pregnant" means that female
5-13 reproductive condition of having a developing fetus in the body and
5-14 commences with fertilization.
5-15 (18) "Unborn child" or "fetus" means an individual
5-16 organism of the species homo sapiens from fertilization until live
5-17 birth.
5-18 (19) "Viability" means that stage of fetal development
5-19 when, in the judgment of the physician based on the particular
5-20 facts of the case before the physician and in light of the most
5-21 advanced medical technology and information available to the
5-22 physician, there is a reasonable likelihood of sustained survival
5-23 of the unborn child outside the body of the child's mother, with or
5-24 without artificial support.
5-25 Sec. 171.003. TEXAS STATE BOARD OF MEDICAL EXAMINERS. (a)
5-26 It is the duty of the Texas State Board of Medical Examiners to
5-27 vigorously enforce the provisions of this subtitle. The board
6-1 shall take appropriate disciplinary action for a violation of this
6-2 subtitle, including suspension, revocation, or denial of a license.
6-3 The board has the power to conduct, and its responsibilities
6-4 include, systematic review of all reports filed under this
6-5 subtitle.
6-6 (b) The board shall prepare and submit an annual report of
6-7 its enforcement efforts under this subtitle to the legislature,
6-8 which shall contain the following items:
6-9 (1) the number of violations investigated, by the
6-10 appropriate section of this subtitle;
6-11 (2) the number of physicians complained against;
6-12 (3) the number of physicians investigated;
6-13 (4) the penalties imposed; and
6-14 (5) other information as any committee of the
6-15 legislature requires.
6-16 (c) Reports under Subsection (b) shall be available for
6-17 public inspection and copying.
6-18 CHAPTER 172. ABORTION CONTROL
6-19 Sec. 172.001. MEDICAL CONSULTATION AND JUDGMENT. (a) An
6-20 abortion may not be performed except by a physician after either:
6-21 (1) the physician determines that, in the physician's
6-22 best clinical judgment, the abortion is necessary; or
6-23 (2) the physician receives what the physician
6-24 reasonably believes to be a written statement signed by another
6-25 physician, called the "referring physician," certifying that in the
6-26 referring physician's best clinical judgment the abortion is
6-27 necessary.
7-1 (b) Except in a medical emergency, the woman on whom an
7-2 abortion is to be performed must have a private medical
7-3 consultation either with the physician who is to perform the
7-4 abortion or with the referring physician. The consultation must be
7-5 in a place, at a time, and of a duration reasonably sufficient to
7-6 enable the physician to determine whether, based on the physician's
7-7 best clinical judgment, the abortion is necessary.
7-8 (c) In determining if an abortion is necessary as required
7-9 by Subsection (a) or (b), a physician's best clinical judgment may
7-10 be exercised in the light of all factors relevant to the well-being
7-11 of the woman, including physical, emotional, psychological,
7-12 familial, and the woman's age. An abortion that is sought solely
7-13 because of the sex of the unborn child is not a necessary abortion.
7-14 (d) A person who intentionally, knowingly, or recklessly
7-15 violates this section commits an offense. An offense under this
7-16 section is a felony of the third degree.
7-17 (e) The board shall take appropriate action against a
7-18 physician who violates this section.
7-19 Sec. 172.002. INFORMED CONSENT. (a) An abortion may not be
7-20 performed or induced except with the voluntary and informed consent
7-21 of the woman on whom the abortion is to be performed or induced.
7-22 Except in the case of a medical emergency, consent to an abortion
7-23 is voluntary and informed if:
7-24 (1) at least 24 hours before the abortion, the
7-25 physician who is to perform the abortion or the referring physician
7-26 has orally informed the woman of:
7-27 (A) the nature of the proposed procedure or
8-1 treatment and of those risks and alternatives to the procedure or
8-2 treatment that a reasonable patient would consider material to the
8-3 decision of whether or not to undergo the abortion;
8-4 (B) the probable gestational age of the unborn
8-5 child at the time the abortion is to be performed; and
8-6 (C) the medical risks associated with carrying
8-7 her child to term;
8-8 (2) at least 24 hours before the abortion, the
8-9 physician who is to perform the abortion or the referring
8-10 physician, or a qualified physician assistant, health care
8-11 practitioner, technician, or social worker to whom the
8-12 responsibility has been delegated by either physician, has informed
8-13 the pregnant woman that:
8-14 (A) the department publishes printed materials
8-15 that describe the unborn child and list agencies that offer
8-16 alternatives to abortion and that she has a right to review the
8-17 printed materials and that a copy will be provided to her free of
8-18 charge if she chooses to review it;
8-19 (B) medical assistance benefits may be available
8-20 for prenatal care, childbirth, and neonatal care, and that more
8-21 detailed information on the availability of that assistance is
8-22 contained in the printed materials published by the department; and
8-23 (C) the father of the unborn child is liable to
8-24 assist in the support of her child, even in instances where he has
8-25 offered to pay for the abortion;
8-26 (3) a copy of the printed materials required by
8-27 Subdivision (2) has been provided to the pregnant woman if she
9-1 chooses to view these materials; and
9-2 (4) the pregnant woman certifies in writing, before
9-3 the abortion, that the information required to be provided under
9-4 this subsection has been provided.
9-5 (b) If a medical emergency compels the performance of an
9-6 abortion, the physician shall inform the woman, before the abortion
9-7 if possible, of the medical indications supporting the physician's
9-8 judgment that an abortion is necessary to avert her death or to
9-9 avert substantial and irreversible impairment of major bodily
9-10 function.
9-11 (c) The board shall take appropriate action against a
9-12 physician who violates this section.
9-13 (d) A physician who performs or induces an abortion without
9-14 first obtaining the certification required by Subsection (a) or
9-15 with knowledge or reason to know that the informed consent of the
9-16 woman has not been obtained commits an offense. An offense under
9-17 this subsection is a Class C misdemeanor.
9-18 (e) A physician is not guilty of violating this section for
9-19 failure to furnish the information required by Subsection (a) if
9-20 the physician can demonstrate, by a preponderance of the evidence,
9-21 that the physician reasonably believed that furnishing the
9-22 information would have resulted in a severely adverse effect on the
9-23 physical or mental health of the patient.
9-24 (f) A physician who complies with this section may not be
9-25 held civilly liable to the physician's patient for failure to
9-26 obtain informed consent to the abortion.
9-27 (g) The physician or referring physician is not required to
10-1 provide the woman with information on the liability of the father
10-2 as required by Subsection (a)(2)(C) if the woman is a rape victim.
10-3 Sec. 172.003. ABORTION FACILITIES. (a) The department may
10-4 adopt rules under this subtitle with respect to performance of
10-5 abortions and with respect to facilities in which abortions are
10-6 performed, to protect the health and safety of women having
10-7 abortions and of premature infants aborted alive. These rules
10-8 shall include procedures, staff, equipment, and laboratory testing
10-9 requirements for all facilities offering abortion services.
10-10 (b) Every facility at which abortions are performed shall
10-11 file, and update immediately on any change, a report with the
10-12 department, containing the following information:
10-13 (1) the name and address of the facility;
10-14 (2) the name and address of any parent, subsidiary, or
10-15 affiliated organizations, corporations, or associations; and
10-16 (3) the name and address of any parent, subsidiary, or
10-17 affiliated organizations, corporations, or associations having
10-18 contemporaneous commonality of ownership, beneficial interest,
10-19 directorship, or officership with any other facility.
10-20 (c) The information contained in a report filed under this
10-21 section by a facility that receives state funds during the calendar
10-22 year immediately preceding a request to inspect or copy the reports
10-23 is public information. Reports filed by facilities that do not
10-24 receive state funds are only available to law enforcement officials
10-25 and the board for use in the performance of their official duties.
10-26 (d) A facility failing to comply with this section may be
10-27 assessed by the department a fine of $500 for each day it is in
11-1 violation.
11-2 Sec. 172.004. PRINTED INFORMATION. (a) The department
11-3 shall publish in English and Spanish and shall update on an annual
11-4 basis, in an easily comprehensible manner, the material required by
11-5 this section.
11-6 (b) The department shall provide geographically indexed
11-7 materials designed to inform the woman of public and private
11-8 agencies and services available to assist a woman through pregnancy
11-9 and childbirth and while the child is dependent, including adoption
11-10 agencies, which must include a comprehensive list of the agencies
11-11 available, a description of the services they offer, and a
11-12 description of the manner, including telephone numbers, in which
11-13 they might be contacted, or, at the option of the department,
11-14 printed materials including a toll-free, 24-hour a day telephone
11-15 number that may be called to obtain, orally, the list and
11-16 description of agencies in the locality of the caller and of the
11-17 services they offer. The materials shall provide information on
11-18 the availability of medical assistance benefits for prenatal care,
11-19 childbirth, and neonatal care and state that it is unlawful for any
11-20 individual to coerce a woman to undergo abortion, that any
11-21 physician who performs an abortion on a woman without obtaining her
11-22 informed consent or without according her a private medical
11-23 consultation may be liable to her for damages in a civil action,
11-24 that the father of a child is liable to assist in the support of
11-25 that child, even in instances where the father has offered to pay
11-26 for an abortion, and that the law permits adoptive parents to pay
11-27 costs of prenatal care, childbirth, and neonatal care.
12-1 (c) The department shall also provide materials designed to
12-2 inform the woman of the probable anatomical and physiological
12-3 characteristics of the unborn child at two-week gestational
12-4 increments from fertilization to full term, including pictures
12-5 representing the development of unborn children at two-week
12-6 gestational increments, and any relevant information on the
12-7 possibility of the unborn child's survival. Any pictures or
12-8 drawings must contain the dimensions of the fetus and must be
12-9 realistic and appropriate for the woman's stage of pregnancy. The
12-10 materials shall be objective, nonjudgmental, and designed to convey
12-11 only accurate scientific information about the unborn child at the
12-12 various gestational ages. The material shall also contain
12-13 objective information describing the methods of abortion procedures
12-14 commonly employed, the medical risks commonly associated with each
12-15 procedure, the possible detrimental psychological effects of
12-16 abortion, the medical risks commonly associated with each
12-17 procedure, and the medical risks commonly associated with carrying
12-18 a child to term.
12-19 (d) The materials required to be printed by the department
12-20 by this section must be printed in a typeface large enough to be
12-21 clearly legible. The materials must be available at no cost on
12-22 request and in appropriate amounts to any person, facility, or
12-23 hospital.
12-24 Sec. 172.005. INTERFERENCE PROHIBITED. The state may not
12-25 interfere with the use of medically appropriate methods of
12-26 contraception or the manner in which medically appropriate methods
12-27 of contraception are provided.
13-1 Sec. 172.006. DETERMINATION OF GESTATIONAL AGE. (a) Except
13-2 in the case of a medical emergency that prevents compliance with
13-3 this section, an abortion may not be performed or induced unless
13-4 the referring physician or the physician performing or inducing it
13-5 has first made a determination of the probable gestational age of
13-6 the unborn child. In making the determination, the physician shall
13-7 make inquiries of the patient and perform or cause to be performed
13-8 medical examinations and tests as a prudent physician would
13-9 consider necessary to make or perform in making an accurate
13-10 diagnosis with respect to gestational age. The physician who
13-11 performs or induces the abortion shall report the type of inquiries
13-12 made and the type of examinations and tests used to determine the
13-13 gestational age of the unborn child and the basis for the diagnosis
13-14 with respect to gestational age on forms provided by the
13-15 department.
13-16 (b) The board shall take appropriate action against a
13-17 physician who fails to conform to a requirement of this section.
13-18 Sec. 172.007. ABORTION ON UNBORN CHILD OF 24 OR MORE WEEKS
13-19 GESTATIONAL AGE. (a) Except as provided by Subsection (b) or (c),
13-20 a person may not perform or induce an abortion on another person
13-21 when the gestational age of the unborn child is 24 or more weeks.
13-22 (b) It is not a violation of Subsection (a) if an abortion
13-23 is performed by a physician and that physician reasonably believes
13-24 that it is necessary to prevent either the death of the pregnant
13-25 woman or the substantial and irreversible impairment of a major
13-26 bodily function of the woman. An abortion is not authorized under
13-27 this subsection if it is performed on the basis of a claim or a
14-1 diagnosis that the woman will engage in conduct that would result
14-2 in her death or in substantial and irreversible impairment of a
14-3 major bodily function.
14-4 (c) It is not a violation of Subsection (a) if the abortion
14-5 is performed by a physician and that physician reasonably believes,
14-6 after making a determination of the gestational age of the unborn
14-7 child in compliance with Section 172.006, that the unborn child is
14-8 less than 24 weeks gestational age.
14-9 (d) Except in the case of a medical emergency that, in the
14-10 reasonable medical judgment of the physician performing the
14-11 abortion, prevents compliance with a particular requirement of this
14-12 subsection, an abortion that is authorized under Subsection (b) may
14-13 not be performed unless each of the following conditions is met:
14-14 (1) the physician performing the abortion certifies in
14-15 writing that, based on the physician's medical examination of the
14-16 pregnant woman and the physician's medical judgment, the abortion
14-17 is necessary to prevent either the death of the pregnant woman or
14-18 the substantial and irreversible impairment of a major bodily
14-19 function of the woman;
14-20 (2) the physician's judgment with respect to the
14-21 necessity for the abortion has been concurred in by one other
14-22 licensed physician who certifies in writing that, based on the
14-23 physician's separate personal medical examination of the pregnant
14-24 woman and the physician's medical judgment, the abortion is
14-25 necessary to prevent either the death of the pregnant woman or the
14-26 substantial and irreversible impairment of a major bodily function
14-27 of the woman;
15-1 (3) the abortion is performed in a hospital;
15-2 (4) the physician terminates the pregnancy in a manner
15-3 that provides the best opportunity for the unborn child to survive,
15-4 unless the physician determines, in the physician's good faith
15-5 medical judgment, that termination of the pregnancy in that manner
15-6 poses a significantly greater risk of either the death of the
15-7 pregnant woman or the substantial and irreversible impairment of a
15-8 major bodily function of the woman than would other available
15-9 methods; and
15-10 (5) the physician performing the abortion arranges for
15-11 the attendance, in the same room that the abortion is to be
15-12 completed, of a second physician who shall take control of the
15-13 child immediately after complete extraction from the mother and
15-14 shall provide immediate medical care for the child, taking all
15-15 reasonable steps necessary to preserve the child's life and health.
15-16 (e) A person who violates Subsection (a) commits an offense.
15-17 An offense under this subsection is a felony of the third degree.
15-18 (f) A person who violates Subsection (d) commits an offense.
15-19 An offense under this subsection is a Class B misdemeanor.
15-20 Sec. 172.008. INFANTICIDE. (a) The law of this state may
15-21 not be construed to imply that any human being born alive in the
15-22 course of or as a result of an abortion or pregnancy termination,
15-23 no matter what may be that human being's chance of survival, is not
15-24 a person under the constitution and laws of this state.
15-25 (b) All physicians and licensed medical personnel attending
15-26 a child who is born alive during the course of an abortion or
15-27 premature delivery, or after being carried to term, shall provide
16-1 that child the type and degree of care and treatment that, in the
16-2 good faith judgment of the physician, is commonly and customarily
16-3 provided to any other person under similar conditions and
16-4 circumstances. An individual who intentionally, knowingly, or
16-5 recklessly violates this subsection commits an offense. An offense
16-6 under this subsection is a felony of the third degree.
16-7 (c) Whenever the physician or any other person is prevented
16-8 by lack of parental or guardian consent from fulfilling the
16-9 person's obligations under Subsection (b), the person shall
16-10 nonetheless fulfill those obligations and immediately notify the
16-11 appropriate probate court of the facts of the case. The probate
16-12 court shall immediately institute an inquiry and, if it finds that
16-13 the lack of parental or guardian consent is preventing treatment
16-14 required under Subsection (b), it shall immediately grant
16-15 injunctive relief to require the treatment.
16-16 Sec. 172.009. PATHOLOGICAL EXAMINATIONS. (a) If an
16-17 abortion is performed during the first trimester of pregnancy, the
16-18 tissue that is removed shall be subjected to a gross or microscopic
16-19 examination, as needed, by the physician or a qualified person
16-20 designated by the physician to determine if a pregnancy existed and
16-21 was terminated. If the examination indicates no fetal remains,
16-22 that information shall immediately be made known to the physician
16-23 and sent to the department not later than the 15th day after the
16-24 date of the analysis.
16-25 (b) If an abortion is performed after the first trimester of
16-26 pregnancy and the physician has certified the unborn child is not
16-27 viable, the dead unborn child and all tissue removed at the time of
17-1 the abortion shall be submitted for tissue analysis to a certified
17-2 pathologist. If the examination reveals evidence of viability or
17-3 live birth, the pathologist shall report that finding to the
17-4 department not later than the 15th day after the date of the
17-5 examination and a copy of the report shall also be sent to the
17-6 physician performing the abortion.
17-7 (c) The department shall prescribe a form on which
17-8 pathologists may report any evidence of absence of pregnancy, live
17-9 birth, or viability.
17-10 (d) A physician who intentionally, knowingly, recklessly, or
17-11 negligently fails to submit an unborn child or tissue remains to a
17-12 pathologist for an examination or intentionally, knowingly, or
17-13 recklessly fails to report any evidence of live birth or viability
17-14 to the department in the manner and within the time required by
17-15 this section commits an offense. An offense under this subsection
17-16 is a Class C misdemeanor.
17-17 Sec. 172.010. IN VITRO FERTILIZATION. (a) A person
17-18 conducting, or experimenting in, in vitro fertilization shall file
17-19 quarterly reports with the department, that shall be available for
17-20 public inspection and copying, containing the following
17-21 information:
17-22 (1) the name of any person conducting or assisting in
17-23 the fertilization or experimentation process;
17-24 (2) the location where the fertilization or
17-25 experimentation is conducted;
17-26 (3) the name and address of any person, facility,
17-27 agency, or organization sponsoring the fertilization or
18-1 experimentation except that names of any persons who are donors or
18-2 recipients of sperm or eggs may not be disclosed;
18-3 (4) the number of eggs fertilized;
18-4 (5) the number of fertilized eggs destroyed or
18-5 discarded; and
18-6 (6) the number of women implanted with a fertilized
18-7 egg.
18-8 (b) A person required under this section to file a report,
18-9 keep records, or supply information who wilfully fails to file a
18-10 report, keep records, or supply the information or who submits a
18-11 false report shall be assessed a fine by the department in the
18-12 amount of $50 for each day the person is in violation.
18-13 Sec. 172.011. FETAL EXPERIMENTATION. (a) Any person who
18-14 knowingly performs any type of nontherapeutic experimentation or
18-15 nontherapeutic medical procedure, except an abortion, on any unborn
18-16 child, or on any child born alive during the course of an abortion,
18-17 commits an offense. An offense under this subsection is a felony
18-18 of the third degree. "Nontherapeutic" means that which is not
18-19 intended to preserve the life or health of the child upon whom it
18-20 is performed.
18-21 (b) The following standards govern the procurement and use
18-22 of any fetal tissue or organ that is used in animal or human
18-23 transplantation, research, or experimentation:
18-24 (1) no fetal tissue or organs may be procured or used
18-25 without the written consent of the mother and no consideration of
18-26 any kind for that consent may be offered or given and if the tissue
18-27 or organs are being derived from abortion, the consent shall be
19-1 valid only if obtained after the decision to abort has been made;
19-2 (2) no person who provides the information required by
19-3 Section 172.002 shall employ the possibility of the use of aborted
19-4 fetal tissue or organs as an inducement to a pregnant woman to
19-5 undergo abortion except that payment for reasonable expenses
19-6 occasioned by the actual retrieval, storage, preparation, and
19-7 transportation of the tissues is permitted;
19-8 (3) no remuneration, compensation, or other
19-9 consideration may be paid to any person or organization in
19-10 connection with the procurement of fetal tissue or organs;
19-11 (4) all persons who participate in the procurement,
19-12 use, or transplantation of fetal tissue or organs, including the
19-13 recipients of the tissue or organs, shall be informed as to whether
19-14 the particular tissue or organ involved was procured as a result of
19-15 either:
19-16 (A) stillbirth;
19-17 (B) miscarriage;
19-18 (C) ectopic pregnancy;
19-19 (D) abortion; or
19-20 (E) any other means; and
19-21 (5) no person who consents to the procurement or use
19-22 of any fetal tissue or organ may designate the recipient of that
19-23 tissue or organ, nor shall any other person or organization act to
19-24 fulfill that designation.
19-25 (c) The department may assess a civil penalty on any person
19-26 who procures, sells, or uses any fetal tissue or organs in
19-27 violation of this section or the regulations issued under this
20-1 section. A civil penalty may not exceed $5,000 for each separate
20-2 violation. In assessing a penalty, the department shall give due
20-3 consideration to the gravity of the violation, the good faith of
20-4 the violator, and the history of previous violations. Civil
20-5 penalties due under this subsection shall be paid to the department
20-6 for deposit in the state treasury.
20-7 (d) This section does not condone or prohibit the
20-8 performance of diagnostic tests while the unborn child is in utero
20-9 or the performance of pathological examinations on an aborted
20-10 child. This section does not condone or prohibit the performance
20-11 of in vitro fertilization and accompanying embryo transfer.
20-12 Sec. 172.012. INSURANCE POLICIES. All insurers who make
20-13 available health care and disability insurance policies in this
20-14 state shall make available policies that contain an express
20-15 exclusion of coverage for abortion services not necessary to avert
20-16 the death of the woman or to terminate pregnancies caused by rape
20-17 or incest.
20-18 Sec. 172.013. PROHIBITED ACTS. (a) Except in the case of a
20-19 pregnancy that is not yet clinically diagnosable, a person who
20-20 intends to perform or induce abortion shall, before accepting
20-21 payment, make or obtain a determination that the woman is pregnant.
20-22 A person who intentionally or knowingly accepts payment without
20-23 first making or obtaining that determination commits an offense.
20-24 An offense under this subsection is a Class B misdemeanor.
20-25 (b) A person who makes a determination that a woman is
20-26 pregnant erroneously either knowing that it is erroneous or with
20-27 reckless disregard or negligence as to whether it is erroneous, and
21-1 who either intentionally relies on that determination in soliciting
21-2 or obtaining any payment or intentionally conveys that
21-3 determination to any person with knowledge that, or with reckless
21-4 disregard as to whether, that determination will be relied on in
21-5 any solicitation or obtaining of any payment commits an offense.
21-6 An offense under this subsection is a Class B misdemeanor.
21-7 (c) A physician who pays or a person who receives a referral
21-8 fee in connection with the performance of an abortion commits an
21-9 offense. An offense under this subsection is a Class A
21-10 misdemeanor. For purposes of this subsection, "referral fee" means
21-11 the transfer of any thing of value between a physician who performs
21-12 an abortion or an operator or employee of a clinic at which an
21-13 abortion is performed and the person who advised the woman
21-14 receiving the abortion to use the services of that physician or
21-15 clinic.
21-16 (d) The department shall issue regulations to assure that
21-17 before the performance of any abortion, including abortions
21-18 performed in the first trimester of pregnancy, the maternal Rh
21-19 status is determined and that anti-Rh sensitization prophylaxis are
21-20 provided to each patient at risk of sensitization unless the
21-21 patient refuses to accept the treatment. Except when a medical
21-22 emergency exists or, in the judgment of the physician, no
21-23 possibility of Rh sensitization exists, the board shall take
21-24 appropriate action against a physician for the intentional,
21-25 knowing, or reckless failure to conform to the regulations issued
21-26 under this subsection.
21-27 (e) Except for a facility devoted exclusively to the
22-1 performance of abortions, medical personnel or a medical facility,
22-2 or an employee, agent, or student of a medical facility, may not be
22-3 required to aid, abet, or facilitate the performance of an abortion
22-4 or dispensing of an abortifacient, and failure or refusal to do so
22-5 is not a basis for any civil, criminal, administrative, or
22-6 disciplinary action, penalty, or proceeding, and may not be the
22-7 basis for refusing to hire or admit any person. A person who
22-8 knowingly violates this subsection is civilly liable to the person
22-9 injured and, in addition, is liable to that person for punitive
22-10 damages in the amount of $5,000.
22-11 (f) Except for a facility devoted exclusively to the
22-12 performance of abortions, every facility performing abortions shall
22-13 prominently post a notice, not less than eight and one-half inches
22-14 by eleven inches in size, entitled "Right of Conscience," for the
22-15 exclusive purpose of informing medical personnel, employees,
22-16 agents, and students of the facilities of their rights under
22-17 Subsection (e). The facility shall post the notice required by
22-18 this subsection in a location or locations where notices to
22-19 employees, medical personnel, and students are normally posted or,
22-20 if notices are not normally posted, in a location or locations
22-21 where the notice required by this subsection is likely to be seen
22-22 by medical personnel, employees, or students of the facility. The
22-23 department shall prescribe a model notice that may be used by a
22-24 facility, and a facility that uses the model notice or
22-25 substantially similar language is in compliance with this
22-26 subsection. The department shall send a copy of its model notice
22-27 to every facility that files a report under Section 172.003.
23-1 Failure to receive a notice is not a defense to any civil action
23-2 brought under this subsection.
23-3 (g) The department may assess a civil penalty of up to
23-4 $5,000 against a facility for each violation of this subsection,
23-5 giving consideration to the appropriateness of the penalty with
23-6 respect to the size of the facility, the gravity of the violation,
23-7 the good faith of the facility, and the history of previous
23-8 violations.
23-9 Sec. 172.014. CIVIL PENALTIES. A physician who knowingly
23-10 violates any of the provisions of Section 172.001 or 172.002 is, in
23-11 addition to any other penalty prescribed in this chapter, civilly
23-12 liable to the physician's patient for any damages caused and, in
23-13 addition, is liable to the physician's patient for punitive damages
23-14 in the amount of $5,000, and the court shall award a prevailing
23-15 plaintiff a reasonable attorney's fee as part of costs.
23-16 Sec. 172.015. APPLICATION OF CRIMINAL PENALTIES. (a)
23-17 Notwithstanding any other provision of this subtitle, a criminal
23-18 penalty does not apply to a woman who violates any provision of
23-19 this subtitle solely in order to perform or induce or attempt to
23-20 perform or induce an abortion on herself. Any woman who undergoes
23-21 an abortion may not be found guilty of having committed any offense
23-22 by reason of having undergone an abortion.
23-23 (b) A person commits an offense if the person, with intent
23-24 to mislead a public servant in the performance of the public
23-25 servant's official function:
23-26 (1) makes any written false statement that the person
23-27 does not believe to be true; or
24-1 (2) submits or invites reliance on any writing that
24-2 the person knows to be forged, altered, or otherwise lacking in
24-3 authenticity.
24-4 (c) An offense under Subsection (b) is a Class B
24-5 misdemeanor.
24-6 (d) A person commits an offense if the person makes a
24-7 written false statement that the person does not believe to be true
24-8 on a statement submitted as required under this chapter, bearing
24-9 notice to the effect that false statements are punishable. An
24-10 offense under this subsection is a Class C misdemeanor.
24-11 CHAPTER 173. PARENTAL NOTICE AND CONSENT TO ABORTION
24-12 Sec. 173.001. PARENTAL NOTICE. (a) Except as provided by
24-13 Section 173.002, a person may not perform an abortion on a pregnant
24-14 minor unless:
24-15 (1) the person performing the abortion gives at least
24-16 24 hours actual notice, in person or by telephone, of the person's
24-17 intent to perform the abortion to:
24-18 (A) a parent of the minor if the minor has no
24-19 managing conservator or guardian; or
24-20 (B) a court-appointed managing conservator or
24-21 guardian;
24-22 (2) a person to whom notice may be given under
24-23 Subsection (a)(1) consents in writing to the performance of the
24-24 abortion;
24-25 (3) the judge of a court having probate jurisdiction
24-26 or the judge of a district court issues an order authorizing the
24-27 minor to consent to the abortion as provided by Section 173.003 or
25-1 173.004;
25-2 (4) a probate court or a district court, by its
25-3 inaction, constructively authorizes the woman to consent to the
25-4 abortion as provided by Section 173.003 or 173.004; or
25-5 (5) the person performing the abortion is a physician
25-6 who:
25-7 (A) concludes in good faith according to the
25-8 physician's best medical judgment that the abortion is necessary to
25-9 prevent the death or a substantial risk of serious impairment to
25-10 the physical or mental health of the minor; and
25-11 (B) certifies in writing to the department the
25-12 medical indications supporting the physician's judgment that the
25-13 abortion was authorized by this subdivision.
25-14 (b) If a person to whom notice may be given under Subsection
25-15 (a)(1) cannot be notified after a reasonable effort, a person may
25-16 perform an abortion if the person gives 48 hours constructive
25-17 notice, by both certified and ordinary mail sent to the last known
25-18 address, to the person to whom notice may be given under Subsection
25-19 (a)(1). The period under this subsection begins when the certified
25-20 mail notice is mailed. If the person required to be notified is
25-21 not notified within the period, the abortion may proceed even if
25-22 the certified mail notice is not received.
25-23 (c) If a person to whom notice may be given under Subsection
25-24 (a)(1) clearly and unequivocally expresses that the person does not
25-25 wish to consult with the pregnant minor before her abortion, the
25-26 abortion may proceed without any further waiting period.
25-27 (d) The department shall prepare a form to be used for
26-1 making the certification required by Subsection (a)(5).
26-2 (e) A person who violates this section commits an offense.
26-3 An offense under this section is a Class A misdemeanor.
26-4 Sec. 173.002. NOTICE TO RELATIVE. (a) A person may perform
26-5 an abortion on a pregnant minor without the notice given under
26-6 Section 173.001(a)(1) if:
26-7 (1) the minor requests the person performing the
26-8 abortion to provide notification of the person's intent to perform
26-9 an abortion on the minor be given to a brother, sister, stepparent,
26-10 or grandparent, and the minor clearly identifies the brother,
26-11 sister, stepparent, or grandparent and her relation to that person,
26-12 and, if the relative is a brother or sister, indicates the age of
26-13 the brother or sister;
26-14 (2) the minor has executed an affidavit:
26-15 (A) stating that she is in fear of physical,
26-16 sexual, or severe emotional abuse from a parent, managing
26-17 conservator, or guardian who would be notified under Section
26-18 173.001(a)(1) and that the fear arises from a pattern of physical,
26-19 sexual, or severe emotional abuse of her exhibited by that parent,
26-20 managing conservator, or guardian; and
26-21 (B) containing the name and address of the
26-22 person who intends to perform the abortion;
26-23 (3) the brother, sister, stepparent, or grandparent
26-24 has executed an affidavit stating that the woman has reason to fear
26-25 physical, sexual, or severe emotional abuse from the parent,
26-26 managing conservator, or guardian who would be notified under
26-27 Section 173.001(a)(1) because of a pattern of physical, sexual, or
27-1 severe emotional abuse of her by that parent, managing conservator,
27-2 or guardian; and
27-3 (4) the affidavits required by this subsection have
27-4 been filed with the probate court of the county in which the minor
27-5 resides, the probate court of a county that borders the county in
27-6 which the minor resides, or the probate court of the county in
27-7 which the hospital, clinic, or other facility in which the abortion
27-8 would be performed is located, and the court notifies the person
27-9 who intends to perform the abortion that the affidavits have been
27-10 filed.
27-11 (b) The probate court in which the affidavits are filed
27-12 shall immediately notify in person or by telephone the person who
27-13 intends to perform the abortion that the affidavits required by
27-14 Subsection (a) have been filed.
27-15 Sec. 173.003. JUDICIAL APPROVAL. (a) A pregnant minor who
27-16 wishes to have an abortion without notification to one of her
27-17 parents, her managing conservator, or her guardian may file in the
27-18 probate court of the county in which the minor resides, in the
27-19 probate court of a county that borders the county in which the
27-20 minor resides, or in the probate court of the county in which the
27-21 hospital, clinic, or other facility in which the abortion would be
27-22 performed is located, an application for a court order authorizing
27-23 the minor to consent to the performance of an abortion without
27-24 notification to either of her parents or a managing conservator or
27-25 guardian.
27-26 (b) The application must be made under oath and include:
27-27 (1) a statement that the minor is pregnant;
28-1 (2) a statement that the minor is unmarried, is under
28-2 18 years of age, and has not had her disabilities removed for
28-3 general purposes under Chapter 31, Family Code;
28-4 (3) a statement that the minor wishes to have an
28-5 abortion without the notification of either of her parents or a
28-6 managing conservator or guardian; and
28-7 (4) a statement as to whether the minor has retained
28-8 an attorney and, if she has retained an attorney, the name,
28-9 address, and telephone number of her attorney.
28-10 (c) The court shall appoint a guardian ad litem for the
28-11 minor. If the minor has not retained an attorney, the court shall
28-12 appoint an attorney to represent the minor. If the guardian ad
28-13 litem is an attorney admitted to the practice of law in this state,
28-14 the court may appoint the guardian ad litem to serve as the minor's
28-15 attorney.
28-16 (d) The court shall fix a time for a hearing on an
28-17 application filed under Subsection (a) and shall keep a record of
28-18 all testimony and other oral proceedings in the action. The
28-19 hearing shall be held at the earliest possible time, but not later
28-20 than the fifth business day after the date that the application is
28-21 filed. The court shall enter judgment on the application
28-22 immediately after the hearing is concluded.
28-23 (e) If the hearing required in Subsection (d) is not held by
28-24 the fifth business day after the date the application is filed, the
28-25 failure to hold the hearing is considered to be a constructive
28-26 order of the court authorizing the minor to consent to the
28-27 performance of an abortion without further notification and the
29-1 minor and any other person may rely on the constructive order to
29-2 the same extent as if the court actually had issued an order under
29-3 this section authorizing the minor to consent to the performance of
29-4 an abortion without notification.
29-5 (f) The court shall determine by clear and convincing
29-6 evidence whether the minor is of sufficient maturity and ability to
29-7 give a voluntary and informed consent to an abortion without
29-8 notification to either of her parents or a managing conservator or
29-9 guardian. If the court finds that the minor possesses sufficient
29-10 maturity and ability, the court shall enter an order authorizing
29-11 the minor to consent to the performance of the abortion without
29-12 notification to either of her parents or a managing conservator or
29-13 guardian and execute the required forms.
29-14 (g) If the court determines that the minor does not possess
29-15 sufficient maturity and ability, it shall determine by clear and
29-16 convincing evidence if one or both of the minor's parents, managing
29-17 conservator, or guardian was engaged in a pattern of physical,
29-18 sexual, or emotional abuse of her, or that notification to the
29-19 minor's parents, managing conservator, or guardian is not in her
29-20 best interest. If the court determines that one or both of the
29-21 minor's parents, managing conservator, or guardian was engaged in a
29-22 pattern of physical, sexual, or emotional abuse against the minor,
29-23 or that the abortion would be in the best interest of the minor,
29-24 the court shall enter an order authorizing the minor to consent to
29-25 the performance of an abortion without notification to one of the
29-26 minor's parents, her managing conservator, or her guardian and
29-27 execute the required forms.
30-1 (h) If the court does not find by clear and convincing
30-2 evidence that the minor is of sufficient maturity and ability, or a
30-3 pattern of physical, sexual, or emotional abuse by the minor's
30-4 parents, managing conservator, or guardian exists, or that the
30-5 abortion is in the best interest of the minor, the court may not
30-6 authorize the minor to consent to an abortion without the
30-7 notification authorized under Section 173.001(a)(1).
30-8 (i) The court may not notify a parent, managing conservator,
30-9 or guardian that she is pregnant or that she wants to have an
30-10 abortion.
30-11 (j) The clerk of the supreme court shall prescribe the
30-12 application form to be used by the minor filing an application
30-13 under this section.
30-14 (k) A filing fee is not required of, and court costs may not
30-15 be assessed against, a minor filing an application under this
30-16 section.
30-17 Sec. 173.004. APPEAL. (a) A minor whose application under
30-18 Section 173.003 is denied by a probate court may appeal to the
30-19 district court having jurisdiction over civil matters in the county
30-20 in which the application was filed. Not later than the fourth day
30-21 after the date notice of appeal is filed in a probate court, the
30-22 clerk of the probate court shall deliver a copy of the notice of
30-23 appeal and the record on appeal to the clerk of the district court.
30-24 On receipt of the notice and record, the clerk of the district
30-25 court shall place the appeal on the docket of the court.
30-26 (b) The minor may file a brief with the district court not
30-27 later than the fourth day after the date the appeal is docketed.
31-1 Unless the minor waives the right to oral argument, the district
31-2 court shall hear oral argument not later than the fifth day after
31-3 the date the appeal is docketed. The district court shall enter a
31-4 judgment on the appeal immediately after the oral argument or, if
31-5 oral argument has been waived, within five days after the appeal is
31-6 docketed.
31-7 (c) Failure of the district court to enter a judgment not
31-8 later than the fifth day after the date the appeal is docketed is
31-9 considered to be a constructive order of the court authorizing the
31-10 minor to consent to the performance of an abortion without
31-11 notification of either of her parents or a managing conservator or
31-12 guardian, and the minor and any other person may rely on the
31-13 constructive order to the same extent as if the court actually
31-14 entered a judgment under this section consenting to the performance
31-15 of an abortion without notification.
31-16 (d) The clerk of the supreme court shall prescribe the
31-17 notice of appeal form to be used by the minor appealing a judgment
31-18 under this section.
31-19 (e) A filing fee is not required of, and court costs may not
31-20 be assessed against, a minor filing an appeal under this section.
31-21 CHAPTER 174. REPORTING REQUIREMENTS
31-22 Sec. 174.001. REPORTING. (a) To promote maternal health
31-23 and life by adding to the sum of medical and public health
31-24 knowledge through the compilation of relevant data, and to promote
31-25 the state's interest in protection of the unborn child, a report of
31-26 each abortion performed shall be made to the department on forms
31-27 prescribed by it. The report forms shall not identify the
32-1 individual patient by name and shall include the following
32-2 information:
32-3 (1) identification of the physician who performed the
32-4 abortion, the concurring physician as required by Section
32-5 172.007(d)(2), the second physician as required by Section
32-6 172.007(d)(5), the facility where the abortion was performed, and
32-7 the referring physician, agency, or service;
32-8 (2) the county and state in which the woman resides;
32-9 (3) the woman's age;
32-10 (4) the number of prior pregnancies and prior
32-11 abortions of the woman;
32-12 (5) the gestational age of the unborn child at the
32-13 time of the abortion;
32-14 (6) the type of procedure performed or prescribed and
32-15 the date of the abortion;
32-16 (7) pre-existing medical conditions of the woman that
32-17 would complicate pregnancy, if any, and, if known, any medical
32-18 complication that resulted from the abortion itself;
32-19 (8) the basis for the medical judgment of the
32-20 physician who performed the abortion that the abortion was
32-21 necessary to prevent either the death of the pregnant woman or the
32-22 substantial and irreversible impairment of a major bodily function
32-23 of the woman, if an abortion has been performed under Section
32-24 172.007(b);
32-25 (9) the weight of the aborted child for any abortion
32-26 performed under Section 172.007(b);
32-27 (10) the basis for any medical judgment that a medical
33-1 emergency existed that excused the physician from compliance with
33-2 any provision of this chapter or Chapter 173; and
33-3 (11) the information required to be reported under
33-4 Section 172.006.
33-5 (b) The report required by this section shall be completed
33-6 by the hospital or other licensed facility, signed by the physician
33-7 who performed the abortion, and transmitted to the department not
33-8 later than the 15th day after the last day of each reporting month.
33-9 Sec. 174.002. REPORT BY FACILITY. (a) Every facility in
33-10 which an abortion is performed in this state during any calendar
33-11 quarter shall file with the department a report showing the total
33-12 number of abortions performed in the hospital or other facility
33-13 during that quarter. This report must also show the total
33-14 abortions performed in each trimester of pregnancy.
33-15 (b) A report shall be available for public inspection and
33-16 copying only if the facility receives state funds during the
33-17 calendar year immediately preceding the filing of the report.
33-18 (c) The report shall be submitted on a form prescribed by
33-19 the department. The form must require a facility to indicate
33-20 whether or not it is receiving state funds. If the facility
33-21 indicates on the form that it is not receiving state funds, the
33-22 department shall regard its report as confidential unless it
33-23 receives other evidence that causes it to conclude that the
33-24 facility receives state funds.
33-25 Sec. 174.003. REPORT OF MATERNAL DEATH. (a) The department
33-26 shall require that all reports of maternal deaths occurring in this
33-27 state arising from pregnancy, childbirth, or intentional abortion
34-1 state the cause of death, the duration of the woman's pregnancy
34-2 when her death occurred, and whether or not the woman was under the
34-3 care of a physician during her pregnancy before her death.
34-4 (b) The department shall issue regulations as are necessary
34-5 to assure that the information required by Subsection (a) is
34-6 reported and shall conduct its own investigation if necessary in
34-7 order to determine the information.
34-8 (c) A woman is under the care of a physician before her
34-9 death for the purpose of this chapter if she had either been
34-10 examined or treated by a physician, not including any examination
34-11 or treatment in connection with emergency care for complications of
34-12 her pregnancy or complications of her abortion, preceding the
34-13 woman's death at any time that is 21 or more days after the time
34-14 she became pregnant and within 60 days before her death. Known
34-15 incidents of maternal mortality of nonresident women arising from
34-16 induced abortion performed in this state shall be included as
34-17 incidents of maternal mortality arising from induced abortions.
34-18 Incidents of maternal mortality arising from continued pregnancy or
34-19 childbirth and occurring after induced abortion has been attempted
34-20 but not completed, including deaths occurring after induced
34-21 abortion has been attempted but not completed as the result of
34-22 ectopic pregnancy, shall be included as incidents of maternal
34-23 mortality arising from induced abortion.
34-24 (d) The department shall annually compile a statistical
34-25 report for the legislature based on the information gathered under
34-26 this subsection. All statistical reports shall be available for
34-27 public inspection and copying.
35-1 Sec. 174.004. REPORT OF COMPLICATIONS. (a) Every physician
35-2 who is called on to provide medical care or treatment to a woman
35-3 who is in need of medical care because of a complication or
35-4 complications resulting from having undergone an abortion or
35-5 attempted abortion shall prepare a report and file the report with
35-6 the department within 30 days of the date of the physician's first
35-7 examination of the woman.
35-8 (b) The report shall be on forms prescribed by the
35-9 department and contain the following information:
35-10 (1) the age of the patient;
35-11 (2) the number of pregnancies the patient may have had
35-12 before the abortion;
35-13 (3) the number and type of abortions the patient may
35-14 have had before this abortion;
35-15 (4) the name and address of the facility where the
35-16 abortion was performed;
35-17 (5) the gestational age of the unborn child at the
35-18 time of the abortion, if known;
35-19 (6) the type of abortion performed, if known;
35-20 (7) the nature of complication or complications;
35-21 (8) the medical treatment given; and
35-22 (9) the nature and extent, if known, of any permanent
35-23 condition caused by the complication.
35-24 (c) The department may require additional information on the
35-25 report. The department may not require the patient name on the
35-26 report.
35-27 Sec. 174.005. STATISTICAL REPORTS BY DEPARTMENT; USE OF
36-1 REPORTS. (a) The department shall prepare a comprehensive annual
36-2 statistical report for the legislature based on the data gathered
36-3 under Sections 174.001 and 174.004. The report may not lead to the
36-4 disclosure of the identity of any person filing a report or about
36-5 whom a report is filed and shall be available for public inspection
36-6 and copying.
36-7 (b) Reports filed as provided by Sections 174.001 and
36-8 174.004 are confidential and are not open records for the purposes
36-9 of Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
36-10 (Article 6252-17a, Vernon's Texas Civil Statutes). That
36-11 information may not be released or made public on subpoena or
36-12 otherwise, except that release may be made to medical personnel,
36-13 appropriate state agencies, or county and district courts to
36-14 enforce this chapter.
36-15 (c) Original copies of all reports filed under Sections
36-16 174.001, 174.002, and 174.004 shall be available to the board for
36-17 use in the performance of its official duties.
36-18 (d) A person who wilfully discloses any information obtained
36-19 from reports filed under Sections 174.001 or 174.004, other than
36-20 that disclosure authorized under this section or as otherwise
36-21 authorized by law, commits an offense. An offense under this
36-22 subsection is a Class C misdemeanor.
36-23 Sec. 174.006. PENALTIES. (a) The board shall take
36-24 appropriate action against any person required under this chapter
36-25 to file a report, keep any records, or supply any information who
36-26 wilfully fails to file the report, keep the records, or supply the
36-27 information at the time required.
37-1 (b) A person who wilfully delivers or discloses to the
37-2 department any report, record, or information known by the person
37-3 to be false commits an offense. An offense under this subsection
37-4 is a Class A misdemeanor.
37-5 CHAPTER 175. PUBLIC FACILITIES; PUBLIC OFFICIALS;
37-6 AND PUBLIC FUNDS
37-7 Sec. 175.001. PUBLICLY OWNED FACILITIES. (a) A hospital,
37-8 clinic, or other health facility owned or operated by the state or
37-9 a political subdivision of the state may not:
37-10 (1) provide, induce, perform, or permit its facilities
37-11 to be used for the provision, inducement, or performance of any
37-12 abortion except when necessary to avert the death of the woman or
37-13 when necessary to terminate pregnancies initiated by acts of rape
37-14 or incest if reported in accordance with Section 175.003;
37-15 (2) lease or sell or permit the subleasing of its
37-16 facilities or property to any physician or health facility for use
37-17 in the provision, inducement, or performance of abortion, except an
37-18 abortion necessary to avert the death of the woman or to terminate
37-19 pregnancies initiated by acts of rape or incest if reported in
37-20 accordance with Section 175.003; or
37-21 (3) enter into any contract with any physician or
37-22 health facility under the terms of which the physician or health
37-23 facility agrees to provide, induce, or perform abortions, except an
37-24 abortion necessary to avert the death of the woman or to terminate
37-25 pregnancies initiated by acts of rape or incest if reported in
37-26 accordance with Section 175.003.
37-27 (b) Subsection (a) does not prevent a hospital, clinic, or
38-1 other health facility from providing treatment for post-abortion
38-2 complications.
38-3 Sec. 175.002. PUBLIC FUNDS. No state funds and no federal
38-4 funds that are appropriated by the state may be spent by any state
38-5 agency or political subdivision for the performance of abortion,
38-6 except:
38-7 (1) when abortion is necessary to avert the death of
38-8 the mother on certification by a physician and a separate
38-9 certification from another physician if the physician who will
38-10 perform the abortion has a pecuniary or proprietary interest in the
38-11 abortion facility; or
38-12 (2) when abortion is performed in the case of rape or
38-13 incest and the rape or incest has been reported as provided by
38-14 Section 175.003.
38-15 Sec. 175.003. REPORT OF RAPE OR INCEST. (a) When abortion
38-16 is performed in the case of pregnancy caused by rape, before the
38-17 performance of the abortion at a public facility under Section
38-18 175.001 or with public funds under Section 175.002, the rape must
38-19 be reported, together with the identity of the offender, if known,
38-20 to a law enforcement agency having the requisite jurisdiction and
38-21 must be personally reported by the victim.
38-22 (b) When abortion is performed in the case of pregnancy
38-23 caused by incest, before the performance of the abortion at a
38-24 public facility under Section 175.001 or with public funds under
38-25 Section 175.002, the incest must be personally reported by the
38-26 victim to a law enforcement agency having the requisite
38-27 jurisdiction, or, in the case of a minor, to the Texas Department
39-1 of Human Services, and the other party to the incestuous act must
39-2 be named in the report.
39-3 Sec. 175.004. HEALTH PLANS. A health plan for employees,
39-4 funded with any state funds, may not include coverage for abortion,
39-5 except when abortion is performed in the case of pregnancy caused
39-6 by rape or incest and reported as provided by Section 175.003.
39-7 This prohibition does not apply to health plans for which abortion
39-8 coverage has been expressly bargained for in any collective
39-9 bargaining agreement in effect on the effective date of this
39-10 chapter.
39-11 Sec. 175.005. PUBLIC OFFICERS ORDERING ABORTIONS. Except in
39-12 the case of a medical emergency, a court, judge, executive officer,
39-13 administrative agency, or public employee of the state or a
39-14 political subdivision of the state does not have power to issue an
39-15 order requiring an abortion without the express voluntary consent
39-16 of the woman on whom the abortion is to be performed and may not
39-17 coerce any person to have an abortion.
39-18 Sec. 175.006. PUBLIC OFFICERS LIMITING BENEFITS PROHIBITED.
39-19 A court, judge, executive officer, administrative agency, or public
39-20 employee of the state or a political subdivision of the state may
39-21 not withhold, reduce, or suspend or threaten to withhold, reduce,
39-22 or suspend any benefits that a person is entitled to on the ground
39-23 that the person chooses not to have an abortion.
39-24 Sec. 175.007. PUBLIC FUNDS FOR LEGAL SERVICES. (a) No
39-25 state funds or federal funds appropriated by the state for legal
39-26 services by private agencies may be used, directly or indirectly,
39-27 to:
40-1 (1) advocate the freedom to choose abortion or the
40-2 prohibition of abortion;
40-3 (2) provide legal assistance with respect to any
40-4 proceeding or litigation that seeks to procure or prevent any
40-5 abortion or to procure or prevent public funding for any abortion;
40-6 or
40-7 (3) provide legal assistance with respect to any
40-8 proceeding or litigation that seeks to compel or prevent the
40-9 performance or assistance in the performance of any abortion, or
40-10 the provision of facilities for the performance of any abortion.
40-11 (b) Nothing in this section shall be construed to prevent
40-12 the use of public funds to provide court-appointed counsel in any
40-13 proceeding authorized under Chapter 172.
40-14 Sec. 175.008. REQUIRED STATEMENTS. (a) A state agency may
40-15 not make any payment from state funds or federal funds appropriated
40-16 by the state for the performance of any abortion in the case of
40-17 rape or incest reported under Section 175.003 unless the state
40-18 agency first:
40-19 (1) receives from the physician or facility seeking
40-20 payment a statement signed by the physician performing the abortion
40-21 stating that, before performing the abortion, the physician
40-22 obtained a non-notarized, signed statement from the pregnant woman
40-23 stating that she was a victim of rape or incest, as the case may
40-24 be, and that she reported the crime, including the identity of the
40-25 offender, if known, to a law enforcement agency having the
40-26 requisite jurisdiction or, in the case of incest in which a
40-27 pregnant minor is the victim, to the Texas Department of Human
41-1 Services, and stating the name of the law enforcement agency to
41-2 which the report was made and the date the report was made;
41-3 (2) receives from the physician or facility seeking
41-4 payment, the signed statement of the pregnant woman that is
41-5 required by Subdivision (1) and the statement contains the notice
41-6 that any false statement is punishable by law and states that the
41-7 pregnant woman is aware that false reports to law enforcement
41-8 authorities are punishable by law; and
41-9 (3) verifies with the law enforcement agency or Texas
41-10 Department of Human Services named in the statement of the pregnant
41-11 woman whether a report of rape or incest was filed with the agency
41-12 in accordance with the statement.
41-13 (b) The state agency shall report any evidence of false
41-14 statements, of false reports to law enforcement authorities, or of
41-15 fraud in the procurement or attempted procurement of any payment
41-16 from federal or state funds to the district attorney of the
41-17 appropriate jurisdiction.
41-18 Sec. 175.009. PENALTY. Whoever orders an abortion in
41-19 violation of Section 175.005 or withholds, reduces, or suspends any
41-20 benefits or threatens to withhold, reduce, or suspend any benefits
41-21 in violation of Section 175.006 commits an offense. An offense
41-22 under this section is a Class A misdemeanor.
41-23 SECTION 2. Sections 245.010 and 245.011, Health and Safety
41-24 Code, are repealed.
41-25 SECTION 3. Section 4.011, Medical Practice Act (Article
41-26 4495b, Vernon's Texas Civil Statutes), is repealed.
41-27 SECTION 4. This Act takes effect September 1, 1993.
42-1 SECTION 5. The importance of this legislation and the
42-2 crowded condition of the calendars in both houses create an
42-3 emergency and an imperative public necessity that the
42-4 constitutional rule requiring bills to be read on three several
42-5 days in each house be suspended, and this rule is hereby suspended.