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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of limited service pregnancy centers; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 172 to read as follows: |
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CHAPTER 172. LIMITED SERVICE PREGNANCY CENTERS |
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Sec. 172.001. DEFINITIONS. In this chapter: |
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(1) "Comprehensive birth control services" means all |
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drugs and medical devices that have been approved by the United |
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States Food and Drug Administration for birth control. |
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(2) "Licensed health care practitioner" means an |
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individual who is licensed or certified by or registered in this |
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state to provide health care services. |
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(3) "Limited service pregnancy center" means an |
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organization, including a pregnancy counseling organization or |
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crisis pregnancy center, that for a fee or free of charge provides |
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pregnancy counseling or information but does not perform abortions |
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or make referrals to an abortion provider, does not provide or make |
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referrals for comprehensive birth control services, and is not |
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licensed or certified by this state or the federal government to |
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provide medical or health care services. The term does not include a |
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licensed health care provider, hospital, or family planning clinic |
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that performs abortions or provides contraception or provides |
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abortion or contraception referrals. |
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(4) "Pregnancy-related medical service" means a |
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medical service provided to a pregnant woman by a health care |
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provider licensed in this state. |
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Sec. 172.002. REQUIREMENTS FOR MATERIALS PROVIDED. All |
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materials and information provided to a pregnant woman by a limited |
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service pregnancy center must be scientifically accurate and |
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evidence-based, as determined by a medical organization or |
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physician group. |
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Sec. 172.003. NON-DIRECTIVE COUNSELING AND INFORMATION |
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REQUIRED. A limited service pregnancy center that receives state |
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money shall provide to each client comprehensive, non-directive |
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reproductive health care counseling and information, including |
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information on planning, birth control, pregnancy, and post-partum |
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health. |
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Sec. 172.004. POSTED NOTICE REQUIRED. (a) A limited |
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service pregnancy center shall prominently display, at the entrance |
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of the center, two black and white signs, one in English and one in |
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Spanish, that contain the following statement: "This center is not |
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a licensed medical facility." |
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(b) Each sign required under Subsection (a) must be at least |
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8-1/2 by 11 inches in size and clearly legible from outside the |
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center. The text for the sign must be in at least 48-point font |
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size. |
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Sec. 172.005. CIVIL AND CRIMINAL PENALTIES. (a) A person |
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commits an offense if the person violates Section 172.002 or |
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172.003. An offense under this subsection is a Class A misdemeanor. |
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(b) In addition to being subject to a criminal penalty, a |
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person who intentionally violates Section 172.002 or 172.003 is |
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liable for a civil penalty in an amount not to exceed $10,000 for |
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each violation. The amount 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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(c) 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 |
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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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(d) A separate civil penalty may be collected for each day a |
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continuing violation occurs. |
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(e) 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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Sec. 172.006. APPLICATION OF DECEPTIVE TRADE PRACTICES ACT. |
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(a) A person who violates Section 172.004 commits a false, |
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misleading, or deceptive act or practice within the meaning of |
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Section 17.46, Business & Commerce Code. |
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(b) A public or private right or remedy under Chapter 17, |
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Business & Commerce Code, may be used to enforce Section 172.004. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |