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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 civil 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) "Commission" means the Health and Human Services |
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Commission. |
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(2) "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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(3) "Limited service pregnancy center" means an |
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organization, including a pregnancy counseling organization, |
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crisis pregnancy center, pregnancy care center, or pregnancy |
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support center, that for a fee or free of charge provides pregnancy |
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counseling or information but does not perform abortions or make |
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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, provides contraception, or provides |
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abortion or contraception referrals. |
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(4) "Medically inaccurate information" means |
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information not supported by the weight of peer-reviewed research |
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conducted in compliance with accepted scientific methods and |
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recognized as accurate by leading professional organizations and |
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agencies with relevant expertise in the field. |
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Sec. 172.002. REPORTING REQUIREMENT. (a) A limited service |
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pregnancy center in this state shall submit to the commission and |
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the appropriate local health authority a monthly report that |
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contains: |
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(1) the number of women who received services at the |
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center; |
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(2) the average cost incurred by the center in |
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providing the services to each woman; |
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(3) a list of the services provided at the center; |
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(4) the credentials of each person providing each type |
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of service; and |
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(5) de-identified statistics on: |
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(A) the number of pregnancy tests performed and |
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number of pregnancy tests with a positive result; and |
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(B) the number of tests performed for sexually |
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transmitted infections and the number of positive test results and |
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for which diseases. |
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(b) The commission shall publish the reported information |
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on the commission's Internet website. If the commission contracts |
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with an organization for the distribution of state funding to |
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limited service pregnancy centers, that organization must publish |
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the reported information on the organization's Internet website. |
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Sec. 172.003. FALSE OR MISLEADING STATEMENTS PROHIBITED. A |
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limited service pregnancy center may not make false or misleading |
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statements, including: |
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(1) providing medically inaccurate information; and |
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(2) misrepresenting the services provided at the |
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center or the qualifications of center staff. |
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Sec. 172.004. VIOLATION; CIVIL PENALTY. (a) A limited |
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service pregnancy center that violates this chapter is liable to |
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the state for a civil penalty of not less than $50 but not more than |
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$500 for each violation. Each day a continuing violation occurs |
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constitutes a separate violation. |
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(b) The attorney general, the district or county attorney |
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for the county, or the municipal attorney of the municipality in |
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which the violation is alleged to have occurred may bring an action |
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to recover a civil penalty under this section or to enjoin |
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violations of this chapter. |
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(c) Before a suit may be brought for a violation of this |
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chapter, the attorney general, the district or county attorney for |
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the county, or the municipal attorney of the municipality in which |
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the violation is alleged to have occurred shall provide to the |
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limited service pregnancy center notice that: |
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(1) describes the violation; |
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(2) states the amount of the proposed penalty for the |
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violation; and |
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(3) gives 10 days from the receipt of the notice to |
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cure the violation to avoid the penalty. |
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Sec. 172.005. STATE FUNDING PROHIBITED. The commission, or |
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an organization distributing state funds under contract with the |
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commission, may not grant or distribute state funding to a limited |
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service pregnancy center that violates this chapter. |
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SECTION 2. A limited service pregnancy center is not |
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required to submit a report required by Section 172.002, Health and |
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Safety Code, as added by this Act, before January 1, 2016. |
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SECTION 3. This Act takes effect September 1, 2015. |