By: Perry, et al.  S.B. No. 1146
         (In the Senate - Filed March 8, 2021; March 18, 2021, read
  first time and referred to Committee on Health & Human Services;
  April 19, 2021, reported favorably by the following vote:  Yeas 5,
  Nays 3; April 19, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to abortion reporting and exemptions to abortion facility
  licensing; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 171, Health and Safety
  Code, is amended by adding Section 171.008 to read as follows:
         Sec. 171.008.  REPORTING REQUIREMENTS FOR ABORTIONS
  PERFORMED OUTSIDE ABORTION FACILITY; CRIMINAL OFFENSE.  (a)  A
  physician who performs an abortion at a location other than an
  abortion facility licensed under Chapter 245 must complete and
  submit a monthly report to the commission on each abortion
  performed by the physician.  The report must be submitted on a form
  provided by the commission.
         (b)  The report may not identify by any means the patient.
         (c)  The report must include:
               (1)  the type of facility at which the abortion was
  performed and the licensing status of that facility;
               (2)  the patient's year of birth, race, marital status,
  and state and county of residence;
               (3)  the type of abortion procedure performed;
               (4)  the date the abortion was performed;
               (5)  whether the patient survived the abortion, and if
  the patient did not survive, the cause of death;
               (6)  the probable post-fertilization age of the unborn
  child based on the best medical judgment of the attending physician
  at the time of the procedure;
               (7)  the date, if known, of the patient's last menstrual
  cycle;
               (8)  the number of previous live births of the patient;
               (9)  the number of previous induced abortions of the
  patient; and
               (10)  the county in which the abortion was performed.
         (d)  All information and records held by the commission under
  this section are confidential and are not open records for the
  purposes of Chapter 552, Government Code.  That information may not
  be released or made public on subpoena or otherwise, except that
  release may be made:
               (1)  for statistical purposes, but only if a person,
  patient, or physician performing an abortion is not identified;
               (2)  with the consent of each person, patient, and
  physician identified in the information released;
               (3)  to medical personnel, appropriate state agencies,
  or county and district courts to enforce this chapter; or
               (4)  to appropriate state licensing boards to enforce
  state licensing laws.
         (e)  A person commits an offense if the person violates
  Subsection (b), (c), or (d).  An offense under this subsection is a
  Class A misdemeanor.
         (f)  Not later than the 15th day of each month, a physician
  shall submit to the commission the report required by this section
  for each abortion performed by the physician at a location other
  than an abortion facility in the preceding calendar month.
         (g)  The commission shall establish and maintain a secure
  electronic reporting system for the submission of the reports
  required by this section.  The commission shall adopt procedures to
  enforce this section and to ensure that only physicians who perform
  one or more abortions during the preceding calendar month are
  required to file the reports under this section for that month.
         SECTION 2.  Section 245.004, Health and Safety Code, as
  amended by Chapters 198 (H.B. 2292) and 999 (H.B. 15), Acts of the
  78th Legislature, Regular Session, 2003, is reenacted and amended
  to read as follows:
         Sec. 245.004.  EXEMPTIONS FROM LICENSING REQUIREMENT. (a)  
  The following facilities need not be licensed under this chapter:
               (1)  a hospital licensed under Chapter 241 (Texas
  Hospital Licensing Law); [or]
               (2)  the office of a physician licensed under Subtitle
  B, Title 3, Occupations Code, unless the office is used
  substantially for the purpose of performing [more than 50]
  abortions; or
               (3)  an ambulatory surgical center licensed under
  Chapter 243.
         (b)  For purposes of this section, a facility is used
  substantially for the purpose of performing abortions if the
  facility:
               (1)  is a provider for performing:
                     (A)  at least five [10] abortion procedures during
  any month; or
                     (B)  at least 50 [100] abortion procedures in a
  12-month period [year];
               (2)  operates less than 20 days in a month and the
  facility, in any month, is a provider for performing a number of
  abortion procedures that would be equivalent to at least five [10]
  procedures in a month if the facility were operating at least 20
  days in a month;
               (3)  holds itself out to the public as an abortion
  provider by advertising by any public means, including advertising
  placed in a newspaper, telephone directory, magazine, or electronic
  medium, that the facility performs abortions; or
               (4)  applies for an abortion facility license.
         (b-1)  In computing the number of abortions performed for
  purposes of Subsections (b)(1) and (2), an abortion performed in
  accordance with Section 245.016 is not included.
         (c)  For purposes of this section, an abortion facility is
  operating if the facility is open for any period of time during a
  day and has on site at the facility or on call a physician available
  to perform abortions.
         SECTION 3.  Section 245.011(c), Health and Safety Code, is
  amended to read as follows:
         (c)  The report must include:
               (1)  whether the abortion facility at which the
  abortion is performed is licensed under this chapter;
               (2)  the patient's year of birth, race, marital status,
  and state and county of residence;
               (3)  the type of abortion procedure performed;
               (4)  the date the abortion was performed;
               (5)  whether the patient survived the abortion, and if
  the patient did not survive, the cause of death;
               (6)  the probable post-fertilization age of the unborn
  child based on the best medical judgment of the attending physician
  at the time of the procedure;
               (7)  the date, if known, of the patient's last menstrual
  cycle;
               (8)  the number of previous live births of the patient;
  [and]
               (9)  the number of previous induced abortions of the
  patient; and
               (10)  the county in which the abortion was performed.
         SECTION 4.  Section 245.002, Health and Safety Code, is
  amended by adding Subdivision (3) to read as follows:
               (3)  "Commission" means the Health and Human Services
  Commission.
         SECTION 5.  Section 245.0116, Health and Safety Code, is
  amended to read as follows:
         Sec. 245.0116.  COMMISSION [DEPARTMENT] REPORT.  (a)  The
  commission [department] shall publish on its Internet website a
  monthly report containing aggregate data of the information in the
  reports submitted under Sections 171.008 and [Section] 245.011.  
  The report must specify the number of abortions performed in each
  county during the reporting period.
         (b)  The commission's [department's] monthly report may not
  identify by any means an abortion facility, a physician performing
  the abortion, or a patient.
         SECTION 6.  The changes in law made by this Act apply only to
  an abortion performed on or after the effective date of this Act.
         SECTION 7.  This Act takes effect September 1, 2021.
 
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