By: Paxton, et al. S.B. No. 802
 
  (Leach, Klick, et al.)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a required resource access assistance offer before an
  abortion is performed or induced.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 171, Health and Safety
  Code, is amended by adding Section 171.01205 to read as follows:
         Sec. 171.01205.  REQUIRED PRE-ABORTION RESOURCE ACCESS
  ASSISTANCE OFFER. (a) In addition to the informed consent
  requirements under Section 171.012, except during a medical
  emergency, and before the abortion is performed or induced, the
  physician who is to perform or induce an abortion shall confirm the
  pregnant woman received a pre-abortion resource access assistance
  offer, as required by this section, by verifying the unique
  identifying number, devoid of the woman's personally identifiable
  information, as provided by the commission.
         (b)  A care agent providing a resource access assistance
  offer under this section:
               (1)  must be:
                     (A)  licensed as a counselor, doctor,
  psychologist, social worker, nurse, advanced practice registered
  nurse, community health worker, physician's assistant, or marriage
  and family therapist; or
                     (B)  acting under the supervision of an individual
  described by Paragraph (A);
               (2)  must:
                     (A)  be authorized under a contract with the
  commission to provide resource access assistance offers and support
  services on behalf of this state in accordance with this section;
                     (B)  complete a training program on identifying
  and assisting victims of human trafficking using a standardized
  curriculum created by the human trafficking prevention task force
  established under Section 402.035, Government Code; and
                     (C)  comply with medical records privacy laws
  under Chapter 181;
               (3)  in the last two years, may not:
                     (A)  have performed or induced an abortion; or
                     (B)  have served as a director, board member,
  officer, volunteer, or employee for an abortion facility licensed
  under Chapter 245; and
               (4)  may not refer a woman to an abortion provider.
         (c)  The resource access assistance offer must be provided by
  and on behalf of this state at no cost to the pregnant woman from a
  care agent who meets the qualifications described by Subsection
  (b). The care agent during a resource access assistance offer shall
  provide:
               (1)  medically accurate information using the
  informational materials described by Section 171.014;
               (2)  an assessment of eligibility for and offer of
  assistance in obtaining support services other than abortion for
  the woman or unborn child's biological father, including housing,
  employment, resume development, child care, prenatal and
  postpartum medical care, mental health or behavioral counselling,
  adoption services, financial assistance, abuse or neglect
  prevention assistance, substance or alcohol abuse prevention
  assistance, and health benefit plan coverage;
               (3)  education on available public and private
  resources to address the woman's or biological father's
  socioeconomic needs; and
               (4)  screening for:
                     (A)  family violence, abuse, and neglect
  victimization;
                     (B)  coercion of abortion; and
                     (C)  human trafficking victimization.
         (d)  A care agent who obtains information that the pregnant
  woman is a victim of human trafficking or coercion of abortion may:
               (1)  submit a report to the appropriate law enforcement
  agency of the suspected human trafficking or coercion of abortion,
  if, before submitting the report, the care agent:
                     (A)  provides a written disclosure to the pregnant
  woman that the woman's identifying information will be provided in
  the report; and
                     (B)  after receiving the written disclosure
  described by Paragraph (A), the pregnant woman consents to the care
  agent submitting the report; or
               (2)  provide to the pregnant woman information on the
  methods available for the woman to report human trafficking or
  coercion of abortion to the appropriate law enforcement agency.
         (e)  A care agent shall request a unique identifying number,
  devoid of the pregnant woman's personally identifiable
  information, from the system developed by the commission to certify
  that the woman received the resource access assistance offer.
         (f)  The commission shall develop and maintain an
  authentication system that provides the pregnant woman a unique
  identifying number required under this section. The system must:
               (1)  allow a care agent to request a unique identifying
  number for the pregnant woman;
               (2)  allow a physician who is to perform or induce an
  abortion to verify the unique identifying number;
               (3)  ensure that the identity of an individual pregnant
  woman, care agent, or physician who is to perform or induce the
  abortion is not disclosed in the authentication system; and
               (4)  remove any personal information for the pregnant
  woman, care agent, or physician as soon as the information is not
  needed to verify the unique identifying number.
         (g)  The commission shall establish a single toll-free
  telephone number through which a woman seeking an abortion in this
  state may receive a resource access assistance offer on a 24-hour
  basis. The commission must ensure the placed call automatically
  routes the woman to a care agent at a contracting agency to provide
  the resource access assistance offer.
         (h)  The pregnant woman:
               (1)  is not required to:
                     (A)  provide any information to the care agent or
  contracting agency; or
                     (B)  initiate or complete services offered under
  this section to obtain an abortion;
               (2)  may decline services under this section at any
  time; and
               (3)  if accepting a resource assistance offer, shall
  retain access to the offer until the second anniversary of the date
  of acceptance, regardless of the woman's pregnancy.
         SECTION 2.  Section 171.0121, Health and Safety Code, is
  amended to read as follows:
         Sec. 171.0121.  MEDICAL RECORD. (a) Before the abortion
  begins, a copy of the signed, written certification received by the
  physician under Section 171.012(a)(6) and documentation of the
  receipt of the resource access assistance offer required under
  Section 171.01205 must be placed in the pregnant woman's medical
  records.
         (b)  A copy of the signed, written certification required
  under Sections 171.012(a)(5) and (6) and documentation of the
  receipt of the resource access assistance offer required under
  Section 171.01205 shall be retained by the facility where the
  abortion is performed until:
               (1)  the seventh anniversary of the date it is signed;
  or
               (2)  if the pregnant woman is a minor, the later of:
                     (A)  the seventh anniversary of the date it is
  signed; or
                     (B)  the woman's 21st birthday.
         SECTION 3.  (a)  Notwithstanding Section 171.01205, Health
  and Safety Code, as added by this Act, and Section 171.0121, Health
  and Safety Code, as amended by this Act, a physician is not required
  to comply with the changes in law made by this Act before April 1,
  2023.
         (b)  Not later than August 31, 2022, the executive
  commissioner of the Health and Human Services Commission shall
  adopt rules as necessary to implement this Act.
         (c)  Not later than April 1, 2023, the Health and Human
  Services Commission shall contract with one or more contracting
  agencies that employ care agents throughout this state to provide
  the pre-abortion resource access assistance offer and assistance in
  obtaining support services described by Section 171.01205, Health
  and Safety Code, as added by this Act.
         SECTION 4.  The changes in law made by this Act apply only to
  an abortion performed or induced on or after April 1, 2023. An
  abortion performed or induced before April 1, 2023, is governed by
  the law applicable to the abortion immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 5.  It is the intent of the legislature that every
  provision, section, subsection, sentence, clause, phrase, or word
  in this Act, and every application of the provisions in this Act to
  each person or entity, are severable from each other. If any
  application of any provision in this Act to any person, group of
  persons, or circumstances is found by a court to be invalid for any
  reason, the remaining applications of that provision to all other
  persons and circumstances shall be severed and may not be affected.
         SECTION 6.  The Health and Human Services Commission is
  required to implement this Act only if the legislature appropriates
  money specifically for that purpose.  If the legislature does not
  appropriate money specifically for that purpose, the commission
  may, but is not required to, implement the Act using other
  appropriations available for the purpose.
         SECTION 7.  This Act takes effect September 1, 2021.