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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the adoption incentive program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Health and Safety Code, is |
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amended by adding Chapter 50 to read as follows: |
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CHAPTER 50. ADOPTION INCENTIVE PROGRAM |
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Sec. 50.001. ADOPTION INCENTIVE PROGRAM. (a) The |
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department shall develop a program to encourage pregnant women to |
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place their children for adoption rather than have an abortion. |
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(b) The program must include a $500 payment to each woman |
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who is a resident of this state and a citizen of the United States |
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who places a child for adoption rather than have an abortion. |
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Sec. 50.002. APPLICATION FORM. (a) The department shall |
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develop an application form to be used by a woman who applies for |
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funds under this chapter. |
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(b) The department may only distribute the application |
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forms to abortion providers. |
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Sec. 50.003. APPLICATION. A woman requesting funds under |
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this chapter must apply for the funds on the form developed by the |
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department not later than the 30th day after the date the child is |
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born. |
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Sec. 50.004. PAYMENT OF FUNDS. (a) The department shall |
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process each application for funds under this chapter to determine |
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whether the woman is eligible. If the woman is eligible for funds, |
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the department shall make the payment to the woman not later than |
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the 60th day after the date the woman's parental rights are |
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terminated. |
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(b) Section 25.08, Penal Code, does not apply to the grant |
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or acceptance of money under this section. |
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Sec. 50.005. NOTIFICATION REQUIRED; APPLICATION FORM. (a) |
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Notification of the program under this chapter is required as part |
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of the informed consent requirements under Chapter 171. |
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(b) An abortion provider shall distribute a copy of the |
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funds application form to each woman who comes to the provider |
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seeking an abortion. |
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Sec. 50.006. RULES. The executive commissioner of the |
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Health and Human Services Commission may adopt rules to implement |
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this chapter. |
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SECTION 2. Section 171.012(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except in the case of a medical emergency, consent to an |
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abortion is voluntary and informed only if: |
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(1) the physician who is to perform the abortion or the |
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referring physician informs the woman on whom the abortion is to be |
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performed of: |
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(A) the name of the physician who will perform |
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the abortion; |
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(B) the particular medical risks associated with |
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the particular abortion procedure to be employed, including, when |
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medically accurate: |
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(i) the risks of infection and hemorrhage; |
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(ii) the potential danger to a subsequent |
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pregnancy and of infertility; and |
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(iii) the possibility of increased risk of |
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breast cancer following an induced abortion and the natural |
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protective effect of a completed pregnancy in avoiding breast |
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cancer; |
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(C) the probable gestational age of the unborn |
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child at the time the abortion is to be performed; and |
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(D) the medical risks associated with carrying |
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the child to term; |
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(2) the physician who is to perform the abortion or the |
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physician's agent informs the woman that: |
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(A) medical assistance benefits may be available |
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for prenatal care, childbirth, and neonatal care; |
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(B) the father is liable for assistance in the |
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support of the child without regard to whether the father has |
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offered to pay for the abortion; |
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(C) public and private agencies provide |
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pregnancy prevention counseling and medical referrals for |
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obtaining pregnancy prevention medications or devices, including |
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emergency contraception for victims of rape or incest; [and] |
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(D) the woman has the right to review the printed |
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materials described by Section 171.014, that those materials have |
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been provided by the [Texas] Department of State Health Services |
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and are accessible on an Internet website sponsored by the |
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department, and that the materials describe the unborn child and |
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list agencies that offer alternatives to abortion; and |
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(E) the woman is entitled to receive $500 from |
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the Department of State Health Services under Chapter 50 if the |
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woman places the child for adoption; |
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(3) the woman certifies in writing before the abortion |
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is performed that the information described by Subdivisions (1) and |
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(2) has been provided to her and that she has been informed of her |
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opportunity to review the information described by Section 171.014; |
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and |
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(4) before the abortion is performed, the physician |
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who is to perform the abortion receives a copy of the written |
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certification required by Subdivision (3). |
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SECTION 3. This Act takes effect September 1, 2007. |