| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the right to assistive reproductive technology |
|
|
treatments and procedures, including in vitro fertilization. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 161, Health and Safety Code, is amended |
|
|
by adding Subchapter Z to read as follows: |
|
|
SUBCHAPTER Z. RIGHT TO ASSISTIVE REPRODUCTIVE TECHNOLOGY |
|
|
TREATMENTS AND PROCEDURES |
|
|
Sec. 161.801. DEFINITION. In this subchapter, "assistive |
|
|
reproductive technology treatment or procedure" means a health care |
|
|
treatment or procedure in which a human oocyte or embryo is handled |
|
|
by a health care practitioner for fertility purposes. The term |
|
|
includes in vitro fertilization, gamete intrafallopian transfer, |
|
|
and zygote intrafallopian transfer. |
|
|
Sec. 161.802. CONSTRUCTION OF SUBCHAPTER. (a) This |
|
|
subchapter may not be construed to prohibit the enforcement of a |
|
|
health and safety law if the law: |
|
|
(1) advances the safety of health care services or the |
|
|
health of patients; and |
|
|
(2) cannot be advanced by a less restrictive alternate |
|
|
measure or action. |
|
|
(b) This subchapter may not be construed to modify, |
|
|
supersede, or otherwise affect the coverage of assistive |
|
|
reproductive technology procedures or treatments under Chapter |
|
|
1366, Insurance Code. |
|
|
Sec. 161.803. RULES. The executive commissioner may adopt |
|
|
rules necessary to implement this subchapter. |
|
|
Sec. 161.804. INFRINGEMENT OF RIGHT TO ASSISTIVE |
|
|
REPRODUCTIVE TECHNOLOGY TREATMENTS AND PROCEDURES PROHIBITED. |
|
|
This state, a political subdivision of this state, or an official or |
|
|
employee of this state or a political subdivision of this state may |
|
|
not prohibit or unreasonably limit: |
|
|
(1) an individual from: |
|
|
(A) accessing an assistive reproductive |
|
|
technology treatment or procedure; |
|
|
(B) continuing or completing an ongoing |
|
|
assistive reproductive technology treatment or procedure under a |
|
|
written plan or agreement with a health care provider; or |
|
|
(C) retaining all rights regarding the use of the |
|
|
individual's reproductive genetic material, including gametes; |
|
|
(2) a health care provider from: |
|
|
(A) performing or administering an assistive |
|
|
reproductive technology treatment or procedure; or |
|
|
(B) providing evidence-based information related |
|
|
to assistive reproductive technology treatments or procedures; or |
|
|
(3) a health benefit plan issuer from covering an |
|
|
assistive reproductive technology treatment or procedure. |
|
|
Sec. 161.805. CIVIL ACTION. (a) The following persons may |
|
|
bring a civil action for appropriate equitable relief, including a |
|
|
temporary or permanent injunction, against a governmental entity, |
|
|
official, or employee who violates Section 161.804: |
|
|
(1) the attorney general; |
|
|
(2) a person adversely affected by the violation; or |
|
|
(3) a health care provider on the provider's behalf or |
|
|
on behalf of a patient who is adversely affected by the violation. |
|
|
(b) A court shall award a claimant who prevails in an action |
|
|
brought under this section court costs and reasonable attorney's |
|
|
fees incurred in bringing the action. The court may not award court |
|
|
costs and attorney's fees to the defendant for a nonfrivolous |
|
|
claim. |
|
|
SECTION 2. Section 161.805, Health and Safety Code, as |
|
|
added by this Act, applies only to a cause of action that accrues on |
|
|
or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |