By: Paxton, et al.  S.B. No. 802
         (In the Senate - Filed February 25, 2021; March 11, 2021,
  read first time and referred to Committee on State Affairs;
  March 22, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 1; March 22, 2021,
  sent to printer.)
Click here to see the committee vote
  relating to a required resource access assistance offer before an
  abortion is performed or induced.
         SECTION 1.  Subchapter B, Chapter 171, Health and Safety
  Code, is amended by adding Section 171.01205 to read as follows:
  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:
               (1)  verifying the unique identifying number provided
  to the woman as required by Subsection (d) is recorded in a secure
  database maintained by the commission; and
               (2)  documenting the pregnant woman's unique
  identifying number in the woman's medical record.
         (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,
  recommend abortion, or take any other action that directly or
  indirectly advises or assists a woman in obtaining an abortion.
         (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
               (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
                     (B)  coercion of abortion; and
                     (C)  human trafficking victimization.
         (d)  After providing the resource access assistance offer,
  the care agent or the contracting agency that employs the care agent
               (1)  certify to the commission using a unique
  identifying number, devoid of personally identifying information
  of the pregnant woman, that the woman received the resource access
  assistance offer; and
               (2)  provide to the pregnant woman the identifying
  number described by Subdivision (1).
         (e)  A care agent shall report to the commission
  de-identified demographic information obtained through a resource
  access assistance offer provided under this section to assist the
  commission in determining the supply and demand of social services
  in the pregnant woman's geographic region.
         (f)  The commission shall develop and maintain on the
  commission's Internet website a secure database to store the unique
  identifying numbers provided under Subsection (d) and that allows
  the care agent to submit the de-identified information required
  under Subsection (e).
         (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
         (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;
               (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,
         (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
         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.
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