By Wohlgemuth H.B. No. 1499
75R5583 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain information relating to abortion facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 245, Health and Safety Code, is amended
1-5 by adding Section 245.0105 to read as follows:
1-6 Sec. 245.0105. DISCLOSURE IN ADVERTISEMENT. (a) An abortion
1-7 facility shall include the unique license number assigned to the
1-8 abortion facility by the department in any abortion advertisement
1-9 relating to the abortion facility.
1-10 (b) In this section, "abortion advertisement" means:
1-11 (1) any communication that advertises the availability
1-12 of abortion services at an abortion facility and that is
1-13 disseminated through a public medium, including an advertisement in
1-14 a newspaper or other publication or an advertisement on television,
1-15 radio, or any other electronic medium; or
1-16 (2) any commercial use of the name of the abortion
1-17 facility, including the use of the name of the abortion facility in
1-18 a sign, directory, listing, contract, document, pamphlet,
1-19 stationery, letterhead, or other means of professional
1-20 identification.
1-21 SECTION 2. Section 245.011(d), Health and Safety Code, is
1-22 amended to read as follows:
1-23 (d) All information and records held by the department under
1-24 this section [chapter] are confidential and are not open records
2-1 for the purposes of Chapter 552, Government Code. That
2-2 information may not be released or made public on subpoena or
2-3 otherwise, except that release may be made:
2-4 (1) for statistical purposes, but only if a person,
2-5 patient, or abortion facility is not identified;
2-6 (2) with the consent of each person, patient, and
2-7 abortion facility identified in the information released; or
2-8 (3) to medical personnel, appropriate state agencies,
2-9 or county and district courts to enforce this chapter.
2-10 SECTION 3. This Act takes effect September 1, 1997.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.