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A BILL TO BE ENTITLED
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AN ACT
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relating to professional liability insurance or bond for certain |
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physicians performing or inducing an abortion; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.0035 to read as follows: |
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Sec. 171.0035. LIABILITY INSURANCE OR BOND REQUIRED; |
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CRIMINAL OFFENSE. (a) A physician performing or inducing an |
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abortion shall maintain professional liability insurance in an |
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amount of at least $1 million for each occurrence or file with the |
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commission a bond in an amount of at least $1 million if the |
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physician performed or induced an average of five or more abortions |
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per month during the preceding calendar year and: |
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(1) at least twice during the preceding seven calendar |
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years was the subject of a civil action arising from an abortion |
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performed or induced by the physician; |
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(2) during the preceding seven calendar years has been |
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disciplined by the Texas Medical Board for unprofessional, |
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unethical, or negligent conduct arising from an abortion performed |
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or induced by the physician; or |
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(3) is employed by or owns an abortion facility |
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licensed under Chapter 245 that the commission determines has |
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continued to violate that chapter or a rule adopted under that |
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chapter after an initial inspection identified the violation. |
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(b) The insurance or bond required by this section must be |
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payable to a woman who incurred damages as a result of a |
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complication from an abortion performed or induced by the physician |
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who is insured or filed the bond. |
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(c) A physician who is not in compliance with this section |
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may not perform or induce an abortion. |
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(d) A physician who violates this section commits an |
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offense. An offense under this section is a Class A misdemeanor |
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punishable by a fine only, in an amount not to exceed $4,000. |
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SECTION 2. The change in law made by this Act applies only |
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to an abortion performed or induced on or after January 1, 2020. |
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SECTION 3. This Act takes effect September 1, 2019. |