By Harris S.B. No. 1033
74R7368 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the protection of the rights and health of women;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 243.002, 243.004, and 243.006, Health
1-6 and Safety Code, are amended to read as follows:
1-7 Sec. 243.002. DEFINITIONS. In this chapter:
1-8 (1) "Abortion" has the meaning assigned by Section
1-9 4.011(a), Medical Practice Act (Article 4495b, Vernon's Texas Civil
1-10 Statutes).
1-11 (2) "Ambulatory surgical center" means a facility that
1-12 operates primarily to provide surgical services, including abortion
1-13 services, to patients who do not require overnight hospital care.
1-14 (3) <(2)> "Board" means the Texas Board of Health.
1-15 (4) <(3)> "Department" means the Texas Department of
1-16 Health.
1-17 (5) <(4)> "Person" means an individual, firm,
1-18 partnership, corporation, or association.
1-19 Sec. 243.004. EXEMPTIONS FROM LICENSING REQUIREMENT. The
1-20 following facilities need not be licensed under this chapter:
1-21 (1) an office or clinic of a licensed physician,
1-22 dentist, or podiatrist, other than an office or clinic where
1-23 abortion services are performed;
1-24 (2) a licensed nursing home; or
2-1 (3) a licensed hospital.
2-2 Sec. 243.006. INSPECTIONS. (a) The department may inspect
2-3 an ambulatory surgical center at reasonable times as necessary to
2-4 assure compliance with this chapter.
2-5 (b) An ambulatory surgical center licensed by the department
2-6 and certified under Title XVIII of the Social Security Act (42
2-7 U.S.C. Section 1395 et seq.) is not subject to additional licensing
2-8 inspections under this chapter while the center maintains the
2-9 certification.
2-10 (c) At least once each year, the department shall inspect an
2-11 ambulatory surgical center that is not certified under Title XVIII
2-12 of the Social Security Act (42 U.S.C. Section 1395 et seq.).
2-13 SECTION 2. Chapter 243, Health and Safety Code, is amended
2-14 by adding Sections 243.0105 and 243.0106 to read as follows:
2-15 Sec. 243.0105. REPORTING REQUIREMENTS; CRIMINAL PENALTY.
2-16 (a) Each ambulatory surgical center that performs an abortion must
2-17 submit an annual report to the department on each abortion that is
2-18 performed at the ambulatory surgical center. The report must be
2-19 submitted on a form provided by the department.
2-20 (b) The report may not identify by any means the physician
2-21 performing the abortion or the patient.
2-22 (c) The report must include:
2-23 (1) the patient's year of birth, race, marital status,
2-24 and state and county of residence;
2-25 (2) the type of abortion procedure;
2-26 (3) the date the abortion was performed;
2-27 (4) whether the patient survived the abortion, and if
3-1 the patient did not survive, the cause of death;
3-2 (5) the period of gestation based on the best medical
3-3 judgment of the attending physician at the time of the procedure;
3-4 (6) the date, if known, of the patient's last
3-5 menstrual cycle;
3-6 (7) the number of previous live births of the patient;
3-7 and
3-8 (8) the number of previous induced abortions of the
3-9 patient.
3-10 (d) All information and records held by the department under
3-11 this chapter are confidential and are not open records for the
3-12 purposes of Chapter 552, Government Code. That information may not
3-13 be released or made public on subpoena or otherwise, except that
3-14 release may be made:
3-15 (1) for statistical purposes, but only if a person,
3-16 patient, or ambulatory surgical center is not identified;
3-17 (2) with the consent of each person, patient, and
3-18 ambulatory surgical center identified in the information released;
3-19 or
3-20 (3) to medical personnel, appropriate state agencies,
3-21 or county and district courts to enforce this chapter.
3-22 (e) A person commits an offense if the person violates this
3-23 section. An offense under this subsection is a Class A
3-24 misdemeanor.
3-25 Sec. 243.0106. ABORTION IN UNLICENSED FACILITY TO PREVENT
3-26 DEATH OR SERIOUS IMPAIRMENT. This chapter does not remove the
3-27 responsibility or limit the ability of a physician to perform an
4-1 abortion in an unlicensed facility if, at the commencement of the
4-2 abortion, the physician reasonably believes that the abortion is
4-3 necessary to prevent the death of the patient or to prevent serious
4-4 impairment of the patient's physical or mental condition.
4-5 SECTION 3. Section 243.013, Health and Safety Code, is
4-6 amended by adding Subsection (d) to read as follows:
4-7 (d) It is a defense to prosecution for an offense under this
4-8 section that the violation of Section 243.003(a) was the result of
4-9 an abortion performed under Section 243.0106.
4-10 SECTION 4. Chapter 245, Health and Safety Code, is repealed.
4-11 SECTION 5. (a) Except as provided by Subsection (b) of this
4-12 section, this Act takes effect September 1, 1995.
4-13 (b) Section 4 of this Act takes effect January 1, 1996.
4-14 SECTION 6. (a) The change in law made by this Act to
4-15 Chapter 243, Health and Safety Code, applies only to the operation
4-16 of an ambulatory surgical center that provides abortion services on
4-17 or after January 1, 1996.
4-18 (b) Notwithstanding the change in law made by this Act to
4-19 Chapter 243, Health and Safety Code, a facility licensed as an
4-20 abortion facility under Chapter 245, Health and Safety Code, before
4-21 the effective date of this Act may continue to operate as an
4-22 abortion facility until January 1, 1996. The operation of an
4-23 abortion facility before January 1, 1996, is governed by Chapter
4-24 245, Health and Safety Code.
4-25 SECTION 7. (a) The change in law made by the repeal of
4-26 Sections 245.011 and 245.014, Health and Safety Code, by this Act
4-27 applies only to the punishment for an offense committed on or after
5-1 January 1, 1996. For purposes of this section, an offense is
5-2 committed before January 1, 1996, if any element of the offense
5-3 occurs before that date.
5-4 (b) An offense committed before January 1, 1996, is covered
5-5 by the law in effect when the offense was committed, and the former
5-6 law is continued in effect for that purpose.
5-7 SECTION 8. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.