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A BILL TO BE ENTITLED
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AN ACT
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relating to the act of smoking tobacco in a vehicle with a child |
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present; authorizing an additional fine for certain criminal |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.501(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A hospital, birthing center, physician, nurse midwife, |
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or midwife who provides prenatal care to a pregnant woman during |
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gestation or at delivery of an infant shall: |
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(1) provide the woman and the father of the infant, if |
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possible, or another adult caregiver for the infant, with a |
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resource pamphlet that includes: |
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(A) a list of the names, addresses, and phone |
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numbers of professional organizations that provide postpartum |
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counseling and assistance to parents relating to postpartum |
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depression and other emotional trauma associated with pregnancy and |
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parenting; |
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(B) information regarding the prevention of |
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shaken baby syndrome including: |
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(i) techniques for coping with anger caused |
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by a crying baby; |
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(ii) different methods for preventing a |
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person from shaking a newborn, infant, or other young child; |
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(iii) the dangerous effects of shaking a |
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newborn, infant, or other young child; and |
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(iv) the symptoms of shaken baby syndrome |
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and who to contact, as recommended by the American Academy of |
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Pediatrics, if a parent suspects or knows that a baby has been |
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shaken in order to receive prompt medical treatment; |
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(C) a list of diseases for which a child is |
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required by state law to be immunized and the appropriate schedule |
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for the administration of those immunizations; |
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(D) the appropriate schedule for follow-up |
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procedures for newborn screening; |
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(E) information regarding sudden infant death |
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syndrome, including current recommendations for infant sleeping |
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conditions to lower the risk of sudden infant death syndrome; |
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(F) educational information in both English and |
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Spanish on: |
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(i) pertussis disease and the availability |
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of a vaccine to protect against pertussis, including information on |
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the Centers for Disease Control and Prevention recommendation that |
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parents receive Tdap during the postpartum period to protect |
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newborns from the transmission of pertussis; and |
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(ii) the incidence of cytomegalovirus, |
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birth defects caused by congenital cytomegalovirus, and available |
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resources for the family of an infant born with congenital |
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cytomegalovirus; [and] |
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(G) the danger of heatstroke for a child left |
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unattended in a motor vehicle; and |
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(H) information that states a person is subject |
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to a criminal fine under Section 542.4041, Transportation Code, for |
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smoking tobacco in a passenger vehicle with a child present; |
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(2) if the woman is a recipient of medical assistance |
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under Chapter 32, Human Resources Code, provide the woman and the |
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father of the infant, if possible, or another adult caregiver with a |
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resource guide that includes information in both English and |
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Spanish relating to the development, health, and safety of a child |
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from birth until age five, including information relating to: |
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(A) selecting and interacting with a primary |
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health care practitioner and establishing a "medical home" for the |
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child; |
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(B) dental care; |
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(C) effective parenting; |
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(D) child safety; |
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(E) the importance of reading to a child; |
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(F) expected developmental milestones; |
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(G) health care resources available in the state; |
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(H) selecting appropriate child care; and |
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(I) other resources available in the state; |
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(3) document in the woman's record that the woman |
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received the resource pamphlet described in Subdivision (1) and the |
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resource guide described in Subdivision (2), if applicable; and |
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(4) retain the documentation for at least five years |
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in the hospital's, birthing center's, physician's, nurse midwife's, |
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or midwife's records. |
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SECTION 2. Subchapter D, Chapter 542, Transportation Code, |
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is amended by adding Section 542.4041 to read as follows: |
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Sec. 542.4041. OFFENSE WHILE SMOKING TOBACCO WITH CHILD |
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PRESENT IN VEHICLE; FINE AUTHORIZED. In addition to the fine |
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prescribed by Section 542.401 or another section of this subtitle, |
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as applicable, a person who enters a plea of guilty or nolo |
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contendere to or is convicted of an offense under this subtitle |
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shall either, as prescribed by the judge, pay a $15 fine or complete |
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a parenting class approved by the judge if the offense is committed |
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while: |
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(1) the person possesses a burning tobacco product or |
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smokes tobacco in a vehicle; and |
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(2) a child is present in the vehicle who is required |
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to be secured in a child passenger safety seat system during the |
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operation of the vehicle under Section 545.412. |
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SECTION 3. (a) Not later than December 1, 2019, the |
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Department of State Health Services shall make the informational |
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materials required by Section 161.501(a)(1), Health and Safety |
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Code, as amended by this Act, available on its Internet website. |
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(b) Notwithstanding Section 161.501(a)(1)(H), Health and |
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Safety Code, as added by this Act, a facility is not required to |
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comply with that provision until January 1, 2020. |
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SECTION 4. This Act takes effect September 1, 2019. |