By Corte H.B. No. 36
76R1124 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of abortion.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
1-5 amended by adding Chapter 166 to read as follows:
1-6 CHAPTER 166. ABORTION
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 166.001. DEFINITION. In this chapter, "abortion" has
1-9 the meaning assigned by Section 4.011, Medical Practice Act
1-10 (Article 4495b, Vernon's Texas Civil Statutes).
1-11 Sec. 166.002. PHYSICIAN TO PERFORM. An abortion may be
1-12 performed only by a physician licensed to practice medicine in this
1-13 state.
1-14 Sec. 166.003. ABORTION OF FETUS AGE 16 WEEKS OR MORE. An
1-15 abortion of a fetus age 16 weeks or more may be performed only at
1-16 an ambulatory surgical center or hospital licensed to perform the
1-17 abortion.
1-18 Sec. 166.004. DEPARTMENT TO ENFORCE. The department shall
1-19 enforce the provisions of this chapter.
1-20 (Sections 166.005-166.010 reserved for expansion
1-21 SUBCHAPTER B. INFORMED CONSENT
1-22 Sec. 166.011. INFORMED CONSENT REQUIRED. A person may not
1-23 perform an abortion without the voluntary and informed consent of
1-24 the woman on whom the abortion is to be performed.
2-1 Sec. 166.012. VOLUNTARY AND INFORMED CONSENT. (a) Except
2-2 in the case of a medical emergency, consent to an abortion is
2-3 voluntary and informed only if:
2-4 (1) the physician who is to perform the abortion or
2-5 the referring physician informs the woman on whom the abortion is
2-6 to be performed of:
2-7 (A) the name of the physician who will perform
2-8 the abortion;
2-9 (B) the particular medical risks associated with
2-10 the particular abortion procedure to be employed, including, when
2-11 medically accurate:
2-12 (i) the risks of infection, hemorrhage,
2-13 and breast cancer; and
2-14 (ii) the potential danger to a subsequent
2-15 pregnancy and of infertility;
2-16 (C) the probable gestational age of the unborn
2-17 child at the time the abortion is to be performed; and
2-18 (D) the medical risks associated with carrying
2-19 the child to term;
2-20 (2) the physician who is to perform the abortion or
2-21 the physician's agent informs the woman that:
2-22 (A) medical assistance benefits may be available
2-23 for prenatal care, childbirth, and neonatal care;
2-24 (B) the father is liable for assistance in the
2-25 support of the child without regard to whether the father has
2-26 offered to pay for the abortion;
2-27 (C) public and private agencies provide
3-1 pregnancy prevention counseling and medical referrals for obtaining
3-2 pregnancy prevention medications or devices; and
3-3 (D) the woman has the right to review the
3-4 printed materials described by Section 166.014, that those
3-5 materials have been provided by the Texas Department of Health, and
3-6 that the materials describe the unborn child and list agencies that
3-7 offer alternatives to abortion;
3-8 (3) the woman certifies in writing before the abortion
3-9 that the information described by Subdivisions (1) and (2) and by
3-10 Section 166.017 has been provided to her and that she has been
3-11 informed of her opportunity to review the information described by
3-12 Section 166.014; and
3-13 (4) before the abortion is performed, the physician
3-14 who is to perform the abortion receives a copy of the written
3-15 certification required by Subdivision (3).
3-16 (b) The information required to be provided under
3-17 Subsections (a)(1) and (2) must be provided:
3-18 (1) orally and in person; and
3-19 (2) at least 24 hours before the abortion is to be
3-20 performed.
3-21 Sec. 166.013. DISTRIBUTION OF STATE MATERIALS. (a) If the
3-22 woman chooses to view the materials described by Section 166.014,
3-23 the physician or the physician's agent shall furnish copies of the
3-24 materials to her at least 24 hours before the abortion is to be
3-25 performed.
3-26 (b) The physician and the physician's agent may disassociate
3-27 themselves from the materials and may choose to comment on the
4-1 materials or to refrain from commenting.
4-2 Sec. 166.014. INFORMATIONAL MATERIALS. (a) The department
4-3 shall publish informational materials that include:
4-4 (1) the information required to be provided under
4-5 Sections 166.012(a)(1)(B) and (D) and (a)(2)(A), (B), and (C); and
4-6 (2) the materials required by Sections 166.015,
4-7 166.016, and 166.017.
4-8 (b) The materials shall be published in:
4-9 (1) English and Spanish;
4-10 (2) an easily comprehensible form; and
4-11 (3) a typeface large enough to be clearly legible.
4-12 (c) The materials shall be available at no cost from the
4-13 department on request. The department shall provide appropriate
4-14 quantities of the materials to any person.
4-15 (d) The department shall annually review the materials to
4-16 determine if changes to the contents of the materials are
4-17 necessary. The department shall adopt rules necessary for
4-18 considering and making changes to the materials.
4-19 Sec. 166.015. INFORMATION RELATING TO PUBLIC AND PRIVATE
4-20 AGENCIES. The informational materials must include either:
4-21 (1) geographically indexed materials designed to
4-22 inform the woman of public and private agencies and services
4-23 available to assist a woman through pregnancy, childbirth, and the
4-24 child's dependency, including:
4-25 (A) a comprehensive list of adoption agencies;
4-26 (B) a description of the services the adoption
4-27 agencies offer; and
5-1 (C) a description of the manner, including
5-2 telephone numbers, in which an adoption agency may be contacted; or
5-3 (2) a toll-free, 24-hour telephone number that may be
5-4 called to obtain an oral list and description of agencies described
5-5 by Subdivision (1) that are located near the caller and of the
5-6 services the agencies offer.
5-7 Sec. 166.016. INFORMATION RELATING TO CHARACTERISTICS OF
5-8 UNBORN CHILD. (a) The informational materials must include
5-9 materials designed to inform the woman of the probable anatomical
5-10 and physiological characteristics of the unborn child at two-week
5-11 gestational increments from the time when a woman can be known to
5-12 be pregnant to full term, including any relevant information on the
5-13 possibility of the unborn child's survival.
5-14 (b) The materials must include color pictures representing
5-15 the development of the child at two-week gestational increments.
5-16 The pictures must contain the dimensions of the unborn child and
5-17 must be realistic.
5-18 (c) The materials provided under this section must be
5-19 objective and nonjudgmental and be designed to convey only accurate
5-20 scientific information about the unborn child at the various
5-21 gestational ages.
5-22 Sec. 166.017. INFORMATION RELATING TO PREVENTION OF
5-23 PREGNANCY. (a) The informational materials must include materials
5-24 that are designed to inform the woman of pregnancy prevention
5-25 methods for females and males and that:
5-26 (1) describe each method in detail; and
5-27 (2) include pictures or diagrams that illustrate the
6-1 proper use of each method.
6-2 (b) The physician who is to perform the abortion, the
6-3 referring physician, or the agent of either physician shall provide
6-4 a woman requesting an abortion with the materials published under
6-5 this section, without regard to whether the woman chooses to view
6-6 the informational materials under Section 166.012(a)(2)(D).
6-7 SECTION 2. Section 245.004, Health and Safety Code, is
6-8 amended to read as follows:
6-9 Sec. 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT. (a)
6-10 The following facilities need not be licensed under this chapter:
6-11 (1) a hospital licensed under Chapter 241 (Texas
6-12 Hospital Licensing Law); or
6-13 (2) the office of a physician licensed under the
6-14 Medical Practice Act (Article 4495b, Vernon's Texas Civil
6-15 Statutes), unless the office is used substantially [primarily] for
6-16 the purpose of performing abortions.
6-17 (b) For purposes of this section, a facility is used
6-18 substantially for the purpose of performing abortions if the
6-19 facility:
6-20 (1) is a provider for performing:
6-21 (A) at least 10 abortion procedures during any
6-22 month; or
6-23 (B) at least 100 abortion procedures in a year;
6-24 (2) operates less than 20 days in a month and the
6-25 facility, in any month, is a provider for performing a number of
6-26 abortion procedures that would be equivalent to at least 10
6-27 procedures in a month if the facility were operating at least 20
7-1 days in a month;
7-2 (3) holds itself out to the public as an abortion
7-3 provider by advertising by any public means, including advertising
7-4 placed in a newspaper, telephone directory, magazine, or electronic
7-5 medium, that the facility performs abortions; or
7-6 (4) applies for an abortion facility license.
7-7 (c) For purposes of this section, an abortion facility is
7-8 operating if the facility is open for any period of time during a
7-9 day and has on site at the facility or on call a physician
7-10 available to perform abortions.
7-11 SECTION 3. Section 245.010(a), Health and Safety Code, is
7-12 amended to read as follows:
7-13 (a) The rules must contain minimum standards to protect the
7-14 health and safety of a patient of an abortion facility and must
7-15 contain provisions requiring compliance with the requirements of
7-16 Subchapter B, Chapter 166.
7-17 SECTION 4. Chapter 245, Health and Safety Code, is amended
7-18 by adding Section 245.0104 to read as follows:
7-19 Sec. 245.0104. LOCATION OF ABORTION FACILITY. (a) Except
7-20 as provided by Subsection (c), an abortion facility may not be
7-21 located within 1,500 feet of the property on which a church or
7-22 school is located.
7-23 (b) The measurement of the distance between an abortion
7-24 facility and a church or school is from the nearest property line
7-25 of the church or school to the property line of the property on
7-26 which the abortion facility is located, along street lines and in
7-27 direct lines across intersections.
8-1 (c) Subsection (a) does not apply to an abortion facility
8-2 that began operation before September 1, 1999. An abortion
8-3 facility does not violate Subsection (a) if the facility is in
8-4 compliance with that subsection on the date the facility begins
8-5 operation and a church or school subsequently is located within
8-6 1,500 feet of the facility.
8-7 (d) In this section:
8-8 (1) "Church" means a facility that is owned by a
8-9 religious organization and that is used primarily for religious
8-10 services.
8-11 (2) "School" means a public or private school that
8-12 provides any part of kindergarten through 12th grade.
8-13 SECTION 5. The Texas Department of Health shall prepare the
8-14 informational materials required by Section 166.014, Health and
8-15 Safety Code, as added by this Act, and shall have the materials
8-16 available for distribution as required by Chapter 166, Health and
8-17 Safety Code, as added by this Act, not later than December 1, 1999.
8-18 SECTION 6. This Act takes effect September 1, 1999, and
8-19 applies only to an abortion that is performed on or after January
8-20 1, 2000. An abortion that is performed before January 1, 2000, is
8-21 governed by the law as it existed immediately before January 1,
8-22 2000, and that law is continued in effect for that purpose.
8-23 SECTION 7. The importance of this legislation and the
8-24 crowded condition of the calendars in both houses create an
8-25 emergency and an imperative public necessity that the
8-26 constitutional rule requiring bills to be read on three several
8-27 days in each house be suspended, and this rule is hereby suspended.