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.