1-1     By:  Hupp, Danburg, Wohlgemuth                        H.B. No. 2856

 1-2          (Senate Sponsor - Gallegos)

 1-3           (In the Senate - Received from the House May 13, 1997;

 1-4     May 13, 1997, read first time and referred to Committee on Health

 1-5     and Human Services; May 18, 1997, reported favorably by the

 1-6     following vote:  Yeas 10, Nays 0; May 18, 1997, sent to printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the protection of women's health with respect to

1-10     services performed at an abortion facility and the right to access

1-11     certain information relating to abortion facilities.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 245.006, Health and Safety Code, is

1-14     amended to read as follows:

1-15           Sec. 245.006.  INSPECTIONS.  (a)  The department may inspect

1-16     an abortion facility at reasonable times as necessary to ensure

1-17     [assure] compliance with this chapter.

1-18           (b)  The department shall inspect an abortion facility before

1-19     renewing the facility's license under Section 245.005(e).

1-20           SECTION 2.  Chapter 245, Health and Safety Code, is amended

1-21     by adding Section 245.0105 to read as follows:

1-22           Sec. 245.0105.  UNIQUE IDENTIFYING NUMBER; DISCLOSURE IN

1-23     ADVERTISEMENT.  (a)  The department shall assign to each abortion

1-24     facility a unique license number that may not change during the

1-25     period the facility is operating in this state.

1-26           (b)  An abortion facility shall include the unique license

1-27     number assigned to the facility by the department in any abortion

1-28     advertisement directly relating to the provision of abortion

1-29     services at the facility.

1-30           (c)  In this section, "abortion advertisement" means:

1-31                 (1)  any communication that advertises the availability

1-32     of abortion services at an abortion facility and that is

1-33     disseminated through a public medium, including an advertisement in

1-34     a newspaper or other publication or an advertisement on television,

1-35     radio, or any other electronic medium; or

1-36                 (2)  any commercial use of the name of the facility as

1-37     a provider of abortion services, including the use of the name in a

1-38     directory, listing, or pamphlet.

1-39           SECTION 3.  Section 245.011(d), Health and Safety Code, is

1-40     amended to read as follows:

1-41           (d)  Except as provided by Section 245.017, all [All]

1-42     information and records held by the department under this chapter

1-43     are confidential and are not open records for the purposes of

1-44     Chapter 552, Government Code.  That information may not be released

1-45     or made public on subpoena or otherwise, except that release may be

1-46     made:

1-47                 (1)  for statistical purposes, but only if a person,

1-48     patient, or abortion facility is not identified;

1-49                 (2)  with the consent of each person, patient, and

1-50     abortion facility identified in the information released;  or

1-51                 (3)  to medical personnel, appropriate state agencies,

1-52     or county and district courts to enforce this chapter.

1-53           SECTION 4.  Chapter 245, Health and Safety Code, is amended

1-54     by adding Section 245.017 to read as follows:

1-55           Sec. 245.017.  PUBLIC INFORMATION; TOLL-FREE TELEPHONE

1-56     NUMBER.  (a)  The department on request shall make the following

1-57     information available to the public:

1-58                 (1)  the status of the license of any abortion

1-59     facility;

1-60                 (2)  the date of the last inspection of the facility,

1-61     any violation discovered during that inspection that would pose a

1-62     health risk to a patient at the facility, any challenge raised by

1-63     the facility to the allegation that there was a violation, and any

1-64     corrective action that is acceptable to the department and that is

 2-1     being undertaken by the facility with respect to the violation; and

 2-2                 (3)  an administrative or civil penalty imposed against

 2-3     the facility or a physician who provides services at the facility,

 2-4     professional discipline imposed against a physician who provides

 2-5     services at the facility, and any criminal conviction of the

 2-6     facility or a physician who provides services at the facility that

 2-7     is relevant to services provided at the facility.

 2-8           (b)  Subsection (a) does not require the department to

 2-9     provide information that is not in the possession of the

2-10     department.  The  Texas State Board of Medical Examiners shall

2-11     provide to the department information in the possession of the

2-12     board that the department is required to provide under Subsection

2-13     (a).

2-14           (c)  The department shall maintain a toll-free telephone

2-15     number that a person may call to obtain the information described

2-16     by Subsection (a).

2-17           (d)  An abortion facility shall provide to a woman, at the

2-18     time the woman initially consults the facility, a written statement

2-19     indicating the number of the toll-free telephone line maintained

2-20     under Subsection (c).  The written statement must be available in

2-21     English and Spanish and be in substantially the following form:

2-22                 "(toll-free telephone number)

2-23                 You have a right to access certain

2-24                 information concerning this abortion

2-25                 facility by using the toll-free telephone

2-26                 number listed above.  If you make a call to

2-27                 the number, your identity will remain

2-28                 anonymous. The toll-free telephone line can

2-29                 provide you with the following information:

2-30                       (1)  Whether this abortion facility

2-31                 is licensed by the Texas Department of

2-32                 Health.

2-33                       (2)  The date of the last inspection

2-34                 of this facility by the Texas Department of

2-35                 Health and any violations of law or rules

2-36                 discovered during that inspection that may

2-37                 pose a health risk to you.

2-38                       (3)  Any relevant fine, penalty, or

2-39                 judgment rendered against this facility or

2-40                 a doctor who provides services at this

2-41                 facility."

2-42           (e)  This section does not authorize the release of the name,

2-43     address, or phone number of any employee or patient of an abortion

2-44     facility or of a physician who provides services at an abortion

2-45     facility.

2-46           SECTION 5.  The change in law made by Section 1 of this Act

2-47     applies only to the renewal of the license of an abortion facility

2-48     on or after the effective date of this Act.   The renewal of the

2-49     license of an abortion facility before the effective date of this

2-50     Act is governed by the law as it existed immediately before the

2-51     effective date of this Act, and that law is continued in effect for

2-52     that purpose.

2-53           SECTION 6.  This Act takes effect September 1, 1997.

2-54           SECTION 7.  The importance of this legislation and the

2-55     crowded condition of the calendars in both houses create an

2-56     emergency and an imperative public necessity that the

2-57     constitutional rule requiring bills to be read on three several

2-58     days in each house be suspended, and this rule is hereby suspended.

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