SECTION 1. Chapter 245,
Health and Safety Code, is amended by adding Section 245.025 to read as follows:
Sec. 245.025. HUMAN
TRAFFICKING SIGNS REQUIRED. (a) An abortion facility shall display a sign
in accordance with this
section in each patient admission area,
waiting room, restroom, and patient consulting room. The sign must state:
WARNING: Obtaining forced labor or services is a crime under
Texas law. If you or someone you know is a victim of such a crime, you are
encouraged to call the national human trafficking hotline at
1-888-373-7888. You may remain anonymous.
(b) A sign required under this section must
be in English and Spanish. If an abortion facility is located in a
political subdivision required to provide election materials in a language
other than English or Spanish under Section 272.011, Election Code, the sign must also be in that language.
(c) A sign required under this section must
be at least 8-1/2 by 11 inches in size and displayed in a conspicuous
manner clearly visible to the public and employees of an abortion
facility. The notice must cover at least four-fifths of the sign.
(d) The executive
commissioner shall adopt rules as necessary to implement and enforce this
section.
|
SECTION 1. Chapter 245,
Health and Safety Code, is amended by adding Section 245.025 to read as
follows:
Sec. 245.025. HUMAN
TRAFFICKING SIGNS REQUIRED. (a) An abortion facility shall display separate signs, in English, Spanish, and any
additional language as required by Subsection (b), side by side in
accordance with this section in each restroom and patient consulting room.
The signs must include the following information:
(1) no person, including an individual's parents, may force any
individual to have an abortion;
(2) it is illegal for a person to force an individual to engage
in sexual acts;
(3) a woman who needs help may call or text a state or national
organization that assists victims of human trafficking and forced
abortions; and
(4) the toll-free number of an organization described by
Subdivision (3).
(b) Signs required under this section must
be in English and Spanish. If an abortion facility is located in a
political subdivision required to provide election materials in a language
other than English or Spanish under Section 272.011, Election Code, the facility shall display a separate sign
in that language.
(c) Signs required under this section must
be at least 8-1/2 by 11 inches in size and displayed in a conspicuous
manner clearly visible to the public and employees of an abortion
facility. The notice must cover at least four-fifths of the sign.
(d) The executive
commissioner shall adopt rules as necessary to implement and enforce this
section.
|
SECTION 2. Section
20A.02(b), Penal Code, is amended to read as follows:
(b) Except as otherwise
provided by this subsection, an offense under this section is a felony of
the second degree. An offense under this section is a felony of the first
degree if:
(1) the applicable conduct
constitutes an offense under Subsection (a)(5), (6), (7), or (8),
regardless of whether the actor knows the age of the child at the time the
actor commits the offense; [or]
(2) the commission of the
offense results in the death of the person who is trafficked; or
(3) the commission of the
offense results in the death of an unborn child of the person who is trafficked
in violation of Chapter 19.
|
SECTION 2. Section
20A.02(b), Penal Code, is amended to read as follows:
(b) Except as otherwise
provided by this subsection, an offense under this section is a felony of
the second degree. An offense under this section is a felony of the first
degree if:
(1) the applicable conduct
constitutes an offense under Subsection (a)(5), (6), (7), or (8),
regardless of whether the actor knows the age of the child at the time the
actor commits the offense; [or]
(2) the commission of the
offense results in the death of the person who is trafficked; or
(3) the commission of the
offense results in the death of an unborn child of the person who is
trafficked.
|
SECTION 3. Section 22.01,
Penal Code, is amended by adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding
Subsections (b), (b-1), and (c), an offense under Subsection (a)(1) or (2)
is a felony of the second degree
if the actor intentionally or knowingly used force or the
threat of force to compel a woman to receive an abortion.
(See added subsection
(c-1) above.)
|
SECTION 3. Sections 22.01(b)
and (c), Penal Code, are amended to read as follows:
(b) An offense under
Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the
offense is committed against:
(1) a person the actor knows
is a public servant while the public servant is lawfully discharging an
official duty, or in retaliation or on account of an exercise of official
power or performance of an official duty as a public servant;
(2) a person whose
relationship to or association with the defendant is described by Section
71.0021(b), 71.003, or 71.005, Family Code, if:
(A) it is shown on the trial
of the offense that the defendant has been previously convicted of an
offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or
25.11 against a person whose relationship to or association with the
defendant is described by Section 71.0021(b), 71.003, or 71.005, Family
Code; or
(B) the offense is committed
by intentionally, knowingly, or recklessly impeding the normal breathing or
circulation of the blood of the person by applying pressure to the person's
throat or neck or by blocking the person's nose or mouth;
(3) a person who contracts
with government to perform a service in a facility as defined by Section
1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an
employee of that person:
(A) while the person or
employee is engaged in performing a service within the scope of the
contract, if the actor knows the person or employee is authorized by
government to provide the service; or
(B) in retaliation for or on
account of the person's or employee's performance of a service within the
scope of the contract;
(4) a person the actor knows
is a security officer while the officer is performing a duty as a security
officer; [or]
(5) a person the actor knows
is emergency services personnel while the person is providing emergency
services; or
(6) a pregnant individual
to force the individual to have an abortion.
(c) An offense under
Subsection (a)(2) or (3) is a
Class C misdemeanor, except that the offense is:
(1) a Class A misdemeanor if
the offense is committed under Subsection (a)(3) against an elderly
individual or disabled individual, as those terms are defined by Section
22.04; [or]
(2) a Class B misdemeanor if
the offense is committed by a person who is not a sports participant
against a person the actor knows is a sports participant either:
(A) while the participant is
performing duties or responsibilities in the participant's capacity as a
sports participant; or
(B) in retaliation for or on
account of the participant's performance of a duty or responsibility within
the participant's capacity as a sports participant; or
(3) a Class A misdemeanor if the offense is
committed against a pregnant individual to force the individual to have an
abortion.
|
SECTION 4. (a) Not later
than December 1, 2017, the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to implement Section
245.025, Health and Safety Code, as added by this Act.
(b) An abortion facility is
not required to comply with Section 245.025, Health and Safety Code, as
added by this Act, before January 1, 2018.
|
SECTION 4. Same as introduced
version.
|