By Eiland                                             H.B. No. 1719
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting certain persons and entities from banning
 1-3     the use of recording devices during the delivery of a child.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
 1-6     amended by adding Chapter 168 to read as follows:
 1-7               CHAPTER 168.  RECORDING THE DELIVERY OF A CHILD
 1-8           Sec. 168.001.  DEFINITIONS.  In this chapter:
 1-9                 (1)  "Health care provider" means a person licensed
1-10     under Title 3, Occupations Code, as a physician, midwife, physician
1-11     assistant, or registered or licensed vocational nurse.
1-12                 (2)  "Recording device" means any device capable of
1-13     audio or visual recording.
1-14           Sec. 168.002.  BANNING RECORDING PROHIBITED. (a)  A health
1-15     care provider, hospital, or birthing center may not prohibit a
1-16     person from using a recording device to record the delivery of a
1-17     child.
1-18           (b)  The health care provider, hospital, or birthing center
1-19     may adopt rules, plans, and procedures governing the use of
1-20     recording devices during the delivery of a child, including rules,
1-21     plans, and procedures governing the exact placement of the
1-22     recording device within the room in which the delivery takes place.
1-23           (c)  The health care provider, hospital, or birthing center
1-24     must provide the rules, plans, and procedures adopted under this
 2-1     section in writing to the person who will be delivering the child
 2-2     prior to the date of delivery.
 2-3           Sec. 168.003.  ENFORCEMENT.  A violation of this chapter by a
 2-4     health care provider, hospital, or birthing center is subject to
 2-5     the same consequence as a violation of the licensing law applicable
 2-6     to the health care provider, hospital, or birthing center or of a
 2-7     rule adopted under that licensing law.
 2-8           SECTION 2. This Act takes effect September 1, 2001.