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A BILL TO BE ENTITLED
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AN ACT
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relating to the fraudulent advertising of pregnancy-related |
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medical services; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 170, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 170. PROHIBITED ACTS REGARDING ABORTION AND |
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PREGNANCY-RELATED MEDICAL SERVICES |
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SECTION 2. Chapter 170, Health and Safety Code, is amended |
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by adding Section 170.003 to read as follows: |
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Sec. 170.003. FRAUDULENT ADVERTISING OF SERVICES |
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PROHIBITED; PENALTIES. (a) In this section: |
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(1) "Advertise" means to offer goods or services to |
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the public, without regard to whether the goods or services are |
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offered for payment or result in a profit. |
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(2) "Pregnancy-related medical services" means |
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medical services provided to a pregnant woman by a health care |
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provider licensed in this state. |
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(b) A person may not advertise with the intent to |
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deceptively create the impression that the person is a provider of |
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pregnancy-related medical services if the person is not a health |
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care provider licensed in this state and authorized by law to |
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provide pregnancy-related medical services. |
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(c) A person commits an offense if the person violates |
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Subsection (b). An offense under this subsection is a Class A |
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misdemeanor. |
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(d) In addition to being subject to a criminal penalty, a |
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person who intentionally violates this section is liable for a |
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civil penalty. The amount of the penalty may not exceed $10,000 for |
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each violation and shall be based on: |
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(1) the seriousness of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(e) The attorney general or a district or county attorney of |
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the county in which the violation is alleged to have occurred may |
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sue to collect a civil penalty under this section. In the suit the |
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attorney general or a district or county attorney may recover the |
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reasonable expenses incurred in obtaining the penalty, including |
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investigation and court costs and reasonable attorney's fees. |
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(f) A separate civil penalty may be collected for each day a |
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continuing violation occurs. |
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(g) The penalties provided by this section are in addition |
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to any other penalty provided by law, including Chapter 17, |
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Business & Commerce Code, and Chapter 165, Occupations Code. |
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SECTION 3. Section 170.003, Health and Safety Code, as |
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added by this Act, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For the purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |