79R3981 YDB-D
By: Corte H.B. No. 979
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of an abortion facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 245.003(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Section 245.004, a person may not,
without an appropriate license issued under this chapter:
(1) establish or operate an abortion facility in this
state; or
(2) hold out to the public that the person is an
abortion provider by advertising by any public means, including
advertising placed in a newspaper, telephone directory, magazine,
or electronic medium, that the person performs abortions [without
an appropriate license issued under this chapter].
SECTION 2. Section 245.004(a), Health and Safety Code, as
amended by Chapters 198 and 999, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted and amended to read as follows:
(a) The following facilities need not be licensed under this
chapter:
(1) a hospital licensed under Chapter 241 (Texas
Hospital Licensing Law); or
(2) the office of a physician licensed under Subtitle
B, Title 3, Occupations Code, unless the office is used
[substantially] for the purpose of performing more than 50
abortions in any 12-month period[; or
[(3) an ambulatory surgical center licensed under
Chapter 243].
SECTION 3. Section 245.004(b), Health and Safety Code, is
amended to read as follows:
(b) Notwithstanding Subsection (a) and the number of
abortions performed in any 12-month period by the office of a
physician licensed under Subtitle B, Title 3, Occupations Code, the
office is considered an abortion facility and must be licensed
under this chapter [For purposes of this section, a facility is used
substantially for the purpose of performing abortions] if the
office [facility]:
(1) [is a provider for performing:
[(A) at least 10 abortion procedures during any
month; or
[(B) at least 100 abortion procedures in a year;
[(2) operates less than 20 days in a month and the
facility, in any month, is a provider for performing a number of
abortion procedures that would be equivalent to at least 10
procedures in a month if the facility were operating at least 20
days in a month;
[(3)] holds itself out to the public as an abortion
provider by advertising by any public means, including advertising
placed in a newspaper, telephone directory, magazine, or electronic
medium, that the office [facility] performs abortions; or
(2) [(4)] applies for an abortion facility license.
SECTION 4. Section 245.004(c), Health and Safety Code, is
repealed.
SECTION 5. A person or facility that is required to become
licensed under Chapter 245, Health and Safety Code, as a result of
the changes in law made by this Act, is not required to obtain that
license before January 1, 2006.
SECTION 6. This Act takes effect September 1, 2005.