By Corte H.B. No. 17
77R843 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 171 to read as follows:
1-6 CHAPTER 171. ABORTION
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 171.001. DEFINITION. In this chapter, "abortion" has
1-9 the meaning assigned by Section 170.001.
1-10 Sec. 171.002. PHYSICIAN TO PERFORM. An abortion may be
1-11 performed only by a physician licensed to practice medicine in this
1-12 state.
1-13 Sec. 171.003. ABORTION OF FETUS AGE 16 WEEKS OR MORE. An
1-14 abortion of a fetus age 16 weeks or more may be performed only at
1-15 an ambulatory surgical center or hospital licensed to perform the
1-16 abortion.
1-17 Sec. 171.004. DEPARTMENT TO ENFORCE. The department shall
1-18 enforce this chapter.
1-19 (Sections 171.005-171.010 reserved for expansion
1-20 SUBCHAPTER B. INFORMED CONSENT
1-21 Sec. 171.011. INFORMED CONSENT REQUIRED. A person may not
1-22 perform an abortion without the voluntary and informed consent of
1-23 the woman on whom the abortion is to be performed.
1-24 Sec. 171.012. VOLUNTARY AND INFORMED CONSENT. (a) Except
2-1 in the case of a medical emergency, consent to an abortion is
2-2 voluntary and informed only if:
2-3 (1) the physician who is to perform the abortion or
2-4 the referring physician informs the woman on whom the abortion is
2-5 to be performed of:
2-6 (A) the name of the physician who will perform
2-7 the abortion;
2-8 (B) the particular medical risks associated with
2-9 the particular abortion procedure to be employed, including, when
2-10 medically accurate:
2-11 (i) the risks of infection, hemorrhage,
2-12 and breast cancer; and
2-13 (ii) the potential danger to a subsequent
2-14 pregnancy and of infertility;
2-15 (C) the probable gestational age of the unborn
2-16 child at the time the abortion is to be performed; and
2-17 (D) the medical risks associated with carrying
2-18 the child to term;
2-19 (2) the physician who is to perform the abortion or
2-20 the physician's agent informs the woman that:
2-21 (A) medical assistance benefits may be available
2-22 for prenatal care, childbirth, and neonatal care;
2-23 (B) the father is liable for assistance in the
2-24 support of the child without regard to whether the father has
2-25 offered to pay for the abortion;
2-26 (C) public and private agencies provide
2-27 pregnancy prevention counseling and medical referrals for obtaining
3-1 pregnancy prevention medications or devices; and
3-2 (D) the woman has the right to review the
3-3 printed materials described by Section 171.014, that those
3-4 materials have been provided by the Texas Department of Health, and
3-5 that the materials describe the unborn child and list agencies that
3-6 offer alternatives to abortion;
3-7 (3) the woman certifies in writing before the abortion
3-8 is performed that the information described by Subdivisions (1) and
3-9 (2) and by Section 171.017 has been provided to her and that she
3-10 has been informed of her opportunity to review the information
3-11 described by Section 171.014; and
3-12 (4) before the abortion is performed, the physician
3-13 who is to perform the abortion receives a copy of the written
3-14 certification required by Subdivision (3).
3-15 (b) The information required to be provided under
3-16 Subsections (a)(1) and (2) must be provided:
3-17 (1) orally and in person; and
3-18 (2) at least 24 hours before the abortion is to be
3-19 performed.
3-20 Sec. 171.013. DISTRIBUTION OF STATE MATERIALS. (a) If the
3-21 woman chooses to view the materials described by Section 171.014,
3-22 the physician or the physician's agent shall furnish copies of the
3-23 materials to her at least 24 hours before the abortion is to be
3-24 performed.
3-25 (b) The physician and the physician's agent may disassociate
3-26 themselves from the materials and may choose to comment on the
3-27 materials or to refrain from commenting.
4-1 Sec. 171.014. INFORMATIONAL MATERIALS. (a) The department
4-2 shall publish informational materials that include:
4-3 (1) the information required to be provided under
4-4 Sections 171.012(a)(1)(B) and (D) and (a)(2)(A), (B), and (C); and
4-5 (2) the materials required by Sections 171.015,
4-6 171.016, and 171.017.
4-7 (b) The materials shall be published in:
4-8 (1) English and Spanish;
4-9 (2) an easily comprehensible form; and
4-10 (3) a typeface large enough to be clearly legible.
4-11 (c) The materials shall be available at no cost from the
4-12 department on request. The department shall provide appropriate
4-13 quantities of the materials to any person.
4-14 (d) The department shall annually review the materials to
4-15 determine if changes to the contents of the materials are
4-16 necessary. The department shall adopt rules necessary for
4-17 considering and making changes to the materials.
4-18 Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE
4-19 AGENCIES. The informational materials must include either:
4-20 (1) geographically indexed materials designed to
4-21 inform the woman of public and private agencies and services
4-22 available to assist a woman through pregnancy, childbirth, and the
4-23 child's dependency, including:
4-24 (A) a comprehensive list of adoption agencies;
4-25 (B) a description of the services the adoption
4-26 agencies offer; and
4-27 (C) a description of the manner, including
5-1 telephone numbers, in which an adoption agency may be contacted; or
5-2 (2) a toll-free, 24-hour telephone number that may be
5-3 called to obtain an oral list and description of agencies described
5-4 by Subdivision (1) that are located near the caller and of the
5-5 services the agencies offer.
5-6 Sec. 171.016. INFORMATION RELATING TO CHARACTERISTICS OF
5-7 UNBORN CHILD. (a) The informational materials must include
5-8 materials designed to inform the woman of the probable anatomical
5-9 and physiological characteristics of the unborn child at two-week
5-10 gestational increments from the time when a woman can be known to
5-11 be pregnant to full term, including any relevant information on the
5-12 possibility of the unborn child's survival.
5-13 (b) The materials must include color pictures representing
5-14 the development of the child at two-week gestational increments.
5-15 The pictures must contain the dimensions of the unborn child and
5-16 must be realistic.
5-17 (c) The materials provided under this section must be
5-18 objective and nonjudgmental and be designed to convey only accurate
5-19 scientific information about the unborn child at the various
5-20 gestational ages.
5-21 Sec. 171.017. INFORMATION RELATING TO PREVENTION OF
5-22 PREGNANCY. (a) The informational materials must include materials
5-23 that are designed to inform the woman of pregnancy prevention
5-24 methods for females and males and that:
5-25 (1) describe each method in detail; and
5-26 (2) include pictures or diagrams that illustrate the
5-27 proper use of each method.
6-1 (b) The physician who is to perform the abortion, the
6-2 referring physician, or the agent of either physician shall provide
6-3 a woman requesting an abortion with the materials published under
6-4 this section, without regard to whether the woman chooses to view
6-5 the informational materials under Section 171.012(a)(2)(D).
6-6 Sec. 171.018. PERIODS RUN CONCURRENTLY. If the woman is an
6-7 unemancipated minor subject to Chapter 33, Family Code, the 24-hour
6-8 periods established under Sections 171.012(b) and 171.013(a) may
6-9 run concurrently with the period during which actual or
6-10 constructive notice is provided under Section 33.002, Family Code.
6-11 SECTION 2. Section 245.004, Health and Safety Code, is
6-12 amended to read as follows:
6-13 Sec. 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT. (a)
6-14 The following facilities need not be licensed under this chapter:
6-15 (1) a hospital licensed under Chapter 241 (Texas
6-16 Hospital Licensing Law); or
6-17 (2) the office of a physician licensed under Subtitle
6-18 B, Title 3, Occupations Code [the Medical Practice Act (Article
6-19 4495b, Vernon's Texas Civil Statutes)], unless the office is used
6-20 substantially for the purpose of performing [more than 300]
6-21 abortions [in any 12-month period].
6-22 (b) For purposes of this section, a facility is used
6-23 substantially for the purpose of performing abortions if the
6-24 facility:
6-25 (1) is a provider for performing:
6-26 (A) at least 10 abortion procedures during any
6-27 month; or
7-1 (B) at least 100 abortion procedures in a year;
7-2 (2) operates less than 20 days in a month and the
7-3 facility, in any month, is a provider for performing a number of
7-4 abortion procedures that would be equivalent to at least 10
7-5 procedures in a month if the facility were operating at least 20
7-6 days in a month;
7-7 (3) holds itself out to the public as an abortion
7-8 provider by advertising by any public means, including advertising
7-9 placed in a newspaper, telephone directory, magazine, or electronic
7-10 medium, that the facility performs abortions; or
7-11 (4) applies for an abortion facility license.
7-12 (c) For purposes of this section, an abortion facility is
7-13 operating if the facility is open for any period of time during a
7-14 day and has on site at the facility or on call a physician
7-15 available to perform abortions. [In computing the number of
7-16 abortions performed in the office of a physician under Subsection
7-17 (a)(2), an abortion performed in accordance with Section 245.016 is
7-18 not included.]
7-19 SECTION 3. Section 245.010(a), Health and Safety Code, is
7-20 amended to read as follows:
7-21 (a) The rules must contain minimum standards to protect the
7-22 health and safety of a patient of an abortion facility and must
7-23 contain provisions requiring compliance with the requirements of
7-24 Subchapter B, Chapter 171.
7-25 SECTION 4. Chapter 245, Health and Safety Code, is amended
7-26 by adding Section 245.0104 to read as follows:
7-27 Sec. 245.0104. LOCATION OF ABORTION FACILITY. (a) Except
8-1 as provided by Subsection (c), an abortion facility may not be
8-2 located within 1,500 feet of the property on which a church or
8-3 school is located.
8-4 (b) The measurement of the distance between an abortion
8-5 facility and a church or school is from the nearest property line
8-6 of the church or school to the property line of the property on
8-7 which the abortion facility is located, along street lines and in
8-8 direct lines across intersections.
8-9 (c) Subsection (a) does not apply to an abortion facility
8-10 that began operation before September 1, 2001. An abortion
8-11 facility does not violate Subsection (a) if the facility is in
8-12 compliance with that subsection on the date the facility begins
8-13 operation and a church or school subsequently is located within
8-14 1,500 feet of the facility.
8-15 (d) In this section:
8-16 (1) "Church" means a facility that is owned by a
8-17 religious organization and that is used primarily for religious
8-18 services.
8-19 (2) "School" means a public or private school that
8-20 provides any part of kindergarten through 12th grade.
8-21 SECTION 5. The Texas Department of Health shall prepare the
8-22 informational materials required by Section 171.014, Health and
8-23 Safety Code, as added by this Act, and shall have the materials
8-24 available for distribution as required by Chapter 171, Health and
8-25 Safety Code, as added by this Act, not later than December 1, 2001.
8-26 SECTION 6. This Act takes effect September 1, 2001, and
8-27 applies only to an abortion that is performed on or after January
9-1 1, 2002. An abortion that is performed before January 1, 2002, is
9-2 governed by the law as it existed immediately before the effective
9-3 date of this Act, and that law is continued in effect for that
9-4 purpose.