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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of limited service pregnancy resource |
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centers; creating a criminal offense; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 174 to read as follows: |
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CHAPTER 174. LIMITED SERVICE PREGNANCY RESOURCE CENTERS |
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Sec. 174.001. DEFINITIONS. In this chapter: |
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(1) "Advertise" means to offer goods or services to |
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the public regardless of whether the goods or services are offered |
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for payment or result in a profit. |
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(2) "Comprehensive birth control services" means the |
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provision of any oral contraceptive or health care device the |
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United States Food and Drug Administration has approved for birth |
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control. |
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(3) "Limited service pregnancy resource center" means |
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an organization, including a pregnancy counseling organization or |
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crisis pregnancy center, whether for profit or nonprofit, that |
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provides pregnancy counseling or information but does not perform |
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abortions or provide referrals for abortion or comprehensive birth |
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control services. The term does not include a licensed health care |
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provider, hospital, or family planning clinic that performs |
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abortions, provides contraception, or provides abortion or |
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contraception referrals. |
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(4) "Pregnancy-related health care service" means a |
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health care service a health care provider licensed in this state |
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provides to a pregnant woman. |
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Sec. 174.002. LICENSE DISCLOSURE. Before providing a good |
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or service to a consumer, a limited service pregnancy resource |
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center shall provide a written disclosure to the consumer on |
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whether the center: |
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(1) is a licensed health care facility; and |
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(2) has on site a licensed health care practitioner. |
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Sec. 174.003. PROHIBITED ADVERTISING. (a) A person may not |
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advertise with the intent to deceptively imply the person is a |
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provider of pregnancy-related health care services unless the |
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person is a health care provider licensed in this state and |
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authorized by law to provide pregnancy-related health care |
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services. |
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(b) A person may not advertise a limited service pregnancy |
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resource center or an organization that refers women to limited |
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service pregnancy resource centers unless the person includes the |
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following disclaimer in the advertisement: "This center does not |
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perform abortions or provide referrals to abortion providers. This |
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center does not provide oral contraceptives or birth control |
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devices or provide referrals to providers of oral contraceptives or |
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birth control devices approved by the United States Food and Drug |
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Administration." |
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Sec. 174.004. REQUIRED NOTICES. (a) A limited service |
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pregnancy resource center shall prominently display, at the |
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entrance of the center, a sign with the following statement: "This |
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center does not perform abortions or provide referrals to abortion |
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providers. This center does not provide oral contraceptives or |
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birth control devices or provide referrals to providers of oral |
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contraceptives or birth control devices approved by the United |
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States Food and Drug Administration." |
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(b) A limited service pregnancy resource center that is not |
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a licensed health care facility and does not have a licensed health |
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care practitioner on site shall include the following statement on |
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the sign described by Subsection (a): "This center is not a health |
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care facility licensed by Texas and does not have on site a licensed |
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health care practitioner who provides or directly supervises the |
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provision of health care services." |
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(c) Each sign required under Subsection (a) must be at least |
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8-1/2 by 11 inches in size and clearly legible from outside the |
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center. The text for the sign must be in at least 48-point font |
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size. |
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(d) A limited service pregnancy resource center must post a |
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sign described by Subsection (a) in each language spoken by 10 |
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percent or more of the residents of this state as determined by the |
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most recent federal decennial census. |
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Sec. 174.005. CIVIL AND CRIMINAL PENALTIES. (a) A person |
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commits an offense if the person violates this chapter. An offense |
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under this subsection is a Class A misdemeanor. |
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(b) A person who intentionally violates this chapter is |
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liable for a civil penalty in an amount not to exceed $10,000 for |
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each violation. The amount must be based on: |
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(1) the seriousness of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(c) The attorney general or a district or county attorney of |
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the county in which the violation is alleged to have occurred may |
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bring an action to collect a civil penalty under this section. In |
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the action, the attorney general or a district or county attorney |
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may recover reasonable expenses incurred in obtaining the penalty, |
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including investigation and court costs and reasonable attorney's |
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fees. |
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(d) A separate civil penalty may be collected for each day a |
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continuing violation occurs. |
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(e) The penalties provided by this section are in addition |
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to any other penalty provided by law, including Chapter 17, |
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Business & Commerce Code, and Chapter 165, Occupations Code. |
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SECTION 2. This Act takes effect September 1, 2025. |