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78R13387 YDB-D


By:  Hughes, Paxton, Cook of Navarro, Eissler,                    H.B. No. 2777
 
    Flynn                                                                    

Substitute the following for H.B. No. 2777:                                   

By:  Cook of Navarro                                          C.S.H.B. No. 2777



A BILL TO BE ENTITLED

AN ACT

relating to pathology reports on abortions; providing a penalty.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 170, Health and Safety Code, is amended 
by adding Subchapter B to read as follows:

SUBCHAPTER B.  PATHOLOGY REPORTING REQUIREMENTS
	Sec. 170.051.  REPORTING REQUIREMENTS.  (a)  The operator of 
a facility at which an abortion is performed shall submit a 
pathology report to the department on each abortion performed at 
the facility.
	(b)  The report must be submitted on a form provided by the 
department.
	Sec. 170.052.  EXEMPTION.  This subchapter does not apply to 
a facility licensed under Chapter 241 at which an abortion is 
performed.
	Sec. 170.053.  PATHOLOGY REPORT.  The pathology report 
required by Section 170.051 must include:
		(1)  the name, title, and license number, if 
applicable, of the person performing the pathology examination;
		(2)  the name and mailing address of the facility where 
the pathology examination was performed;
		(3)  the date of the pathology examination and the date 
of abortion; 
		(4)  the pathology examination findings, including 
gestational age of the fetus, absence of pregnancy, live birth, and 
viability, and evidence of the findings; and
		(5)  the date the form is submitted.                                   
	Sec. 170.054.  CONFIDENTIAL INFORMATION.  All information 
held by the department under this subchapter is confidential and 
not subject to disclosure under Chapter 552, Government Code. The 
information may not be released or made public on subpoena or 
otherwise, except that release may be made:
		(1)  for statistical purposes, but only if a person, 
patient, or abortion facility is not identified;
		(2)  with the consent of each person, patient, and 
abortion facility identified in the information released;
		(3)  to medical personnel, appropriate state agencies, 
or county and district courts to enforce this subchapter; or
		(4)  to appropriate state licensing boards to enforce 
state licensing laws.
	Sec. 170.055.  CRIMINAL PENALTY.  (a)  A person commits an 
offense if the person violates Section 170.051.
	(b)  An offense under this section is a Class A misdemeanor.            
	SECTION 2.  Section 170.001(1), Health and Safety Code, is 
amended to read as follows:
		(1)  "Abortion" means the use of any means to terminate 
the pregnancy of a female known by the attending physician to be 
pregnant, with the intention that the termination of the pregnancy 
by those means will with reasonable likelihood cause the death of 
the fetus [an act involving the use of an instrument, medicine, 
drug, or other substance or device developed to terminate the 
pregnancy of a woman if the act is done with an intention other than 
to:
			[(A)  increase the probability of a live birth of 
the unborn child of the woman;
			[(B)  preserve the life or health of the child;  or         
			[(C)  remove a dead fetus].                                 
	SECTION 3.  Sections 170.001 and 170.002, Health and Safety 
Code, are redesignated as Subchapter A, Chapter 170, Health and 
Safety Code, and a heading for Subchapter A is added to read as 
follows:

SUBCHAPTER A.  PROHIBITED ACTS RELATING TO ABORTION
	SECTION 4.  The chapter heading of Chapter 170, Health and 
Safety Code, is amended to read as follows:

CHAPTER 170.  [PROHIBITED ACTS REGARDING] ABORTION
	SECTION 5.  Section 245.007, Health and Safety Code, is 
amended to read as follows:
	Sec. 245.007.  FEES.  The board shall set fees imposed by 
this chapter in amounts reasonable and necessary to defray the cost 
of administering this chapter and Subchapter B, Chapter 170.
	SECTION 6.  The Texas Department of Health shall develop and 
make available the form required by Section 170.051, Health and 
Safety Code, as added by this Act, not later than December 1, 2003.
	SECTION 7.  This Act takes effect September 1, 2003, and 
applies only to an abortion performed on or after January 1, 2004.