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.