82R6720 YDB-D
 
  By: Strama H.B. No. 1255
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to programs, services, and information related to women's
  health, family planning, and human sexuality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  DEMONSTRATION PROJECT FOR WOMEN'S HEALTH CARE
  SERVICES. Sections 32.0248(a) and (i), Human Resources Code, are
  amended to read as follows:
         (a)  The department shall establish a seven-year [five-year]
  demonstration project through the medical assistance program to
  expand access to preventive health and family planning services for
  women.  A woman eligible under Subsection (b) to participate in the
  demonstration project may receive appropriate preventive health
  and family planning services, including:
               (1)  medical history recording and evaluation;
               (2)  physical examinations;
               (3)  health screenings, including screening for:
                     (A)  diabetes;
                     (B)  cervical cancer;
                     (C)  breast cancer;
                     (D)  sexually transmitted diseases;
                     (E)  hypertension;
                     (F)  cholesterol; and
                     (G)  tuberculosis;
               (4)  counseling and education on contraceptive methods
  emphasizing the health benefits of abstinence from sexual activity
  to recipients who are not married, except for counseling and
  education regarding emergency contraception;
               (5)  provision of contraceptives, except for the
  provision of emergency contraception;
               (6)  risk assessment; and
               (7)  referral of medical problems to appropriate
  providers that are entities or organizations that do not perform or
  promote elective abortions or contract or affiliate with entities
  that perform or promote elective abortions.
         (i)  This section expires December 31, 2013 [September 1,
  2011].
         SECTION 2.  OUTREACH.  Subchapter B, Chapter 531,
  Government Code, is amended by adding Section 531.095 to read as
  follows:
         Sec. 531.095.  IMPLEMENTATION OF MEASURES TO ACHIEVE
  CASELOAD AND COST-SAVINGS ESTIMATES. (a) To attain the state and
  federal cost-savings and reduced rates of unintended pregnancies
  estimated in the waiver application, or any renewal waiver
  application, submitted to the Centers for Medicare and Medicaid
  Services for implementation of the demonstration project for
  women's health care services authorized under Section 32.0248,
  Human Resources Code, the commission shall implement effective
  education, outreach, and other measures designed to increase
  participation in the demonstration project and through the
  increased participation achieve the caseload and cost-savings
  estimates stated in the waiver application.
         (b)  The commission, in complying with Subsection (a), may
  not take any action to decrease the level of programs and services
  designed to reduce the number of unintended pregnancies and lower
  the rates of sexually transmitted diseases to below the level of
  programs and services provided on September 1, 2011.
         (c)  This section expires December 31, 2013.
         SECTION 3.  HUMAN SEXUALITY INSTRUCTION.  Section 28.004,
  Education Code, is amended by amending Subsections (e) and (i) and
  adding Subsection (n) to read as follows:
         (e)  Any course materials and instruction relating to human
  sexuality, sexually transmitted diseases, or human
  immunodeficiency virus or acquired immune deficiency syndrome
  shall be selected by the board of trustees with the advice of the
  local school health advisory council and must:
               (1)  be evidence-based;
               (2)  present abstinence from sexual activity as the
  preferred choice of behavior in relationship to all sexual activity
  for unmarried persons of school age;
               (3) [(2)]  devote more attention to abstinence from
  sexual activity than to any other behavior;
               (4) [(3)]  emphasize that abstinence from sexual
  activity, if used consistently and correctly, is the only method
  that is 100 percent effective in preventing pregnancy, sexually
  transmitted diseases, infection with human immunodeficiency virus,
  [or] acquired immune deficiency syndrome, and the emotional trauma
  associated with adolescent sexual activity;
               (5) [(4)]  direct adolescents to a standard of behavior
  in which abstinence from sexual activity before marriage is the
  most effective way to prevent pregnancy, sexually transmitted
  diseases, [and] infection with human immunodeficiency virus, and
  [or] acquired immune deficiency syndrome; and
               (6) [(5)]  teach contraception and condom use in terms
  of human use reality rates instead of theoretical laboratory rates,
  if instruction on contraception and condoms is included in
  curriculum content.
         (i)  Before each school year, a school district shall provide
  written notice to a parent of each student enrolled in the district
  of the board of trustees' decision regarding whether the district
  will provide human sexuality instruction to district students.  If
  instruction will be provided, the notice must include:
               (1)  a summary of the basic content of the district's
  human sexuality instruction to be provided to the student,
  including a statement informing the parent that the instruction is
  required by [of the instructional requirements under] state law to:
                     (A)  present abstinence from sexual activity as
  the preferred choice of behavior in relationship to all sexual
  activity for unmarried persons of school age; and
                     (B)  devote more attention to abstinence from
  sexual activity than to any other behavior;
               (2)  a statement of whether the instruction is
  considered by the district to be abstinence-only instruction or
  comprehensive instruction, including an explanation of the
  difference between those types of instruction and a specific
  statement regarding whether the student will receive information on
  contraception and condom use;
               (3) [(2)]  a statement of the parent's right to:
                     (A)  review curriculum materials as provided by
  Subsection (j); and
                     (B)  remove the student from any part of the
  district's human sexuality instruction without subjecting the
  student to any disciplinary action, academic penalty, or other
  sanction imposed by the district or the student's school; and
               (4) [(3)]  information describing the opportunities
  for parental involvement in the development of the curriculum to be
  used in human sexuality instruction, including information
  regarding the local school health advisory council established
  under Subsection (a).
         (n)  In this section:
               (1)  "Abstinence-only instruction" means instruction
  that does not include information about preventing pregnancy,
  sexually transmitted diseases, infection with human
  immunodeficiency virus, or acquired immune deficiency syndrome
  through any means other than total abstinence from sexual activity.
               (2)  "Evidence-based" means information verified or
  supported by research that is:
                     (A)  conducted in compliance with accepted
  scientific methods;
                     (B)  published in peer-reviewed journals, if
  appropriate;
                     (C)  recognized as medically accurate, objective,
  and complete by mainstream professional organizations and agencies
  with expertise in the relevant field, including the federal Centers
  for Disease Control and Prevention and the United States Department
  of Health and Human Services; and
                     (D)  proven through rigorous, scientific
  evaluation to achieve positive outcomes on measures of sexual risk
  behavior or its health consequences.
         SECTION 4.  WAIVER.  If before implementing any provision of
  this Act a state agency determines that a waiver or authorization
  from a federal agency is necessary for implementation of that
  provision, the agency affected by the provision shall request the
  waiver or authorization and may delay implementing that provision
  until the waiver or authorization is granted.
         SECTION 5.  EFFECTIVE DATE.  This Act takes effect September
  1, 2011.