Texas 2009 - 81st Regular

Texas House Bill HB3796 Compare Versions

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1	1	81R31841 E
2	2	By: Morrison, Cook, Harless, Heflin, H.B. No. 3796
3	3	Kolkhorst, et al.
4	4	Substitute the following for H.B. No. 3796:
5	5	By: Solomons C.S.H.B. No. 3796
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to informed and voluntary consent for an abortion and the
11	11	collection and reporting of information related to the performance
12	12	of an abortion; providing penalties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Subchapter B, Chapter 171, Health
15	15	and Safety Code, is amended to read as follows:
16	16	SUBCHAPTER B. VOLUNTARY AND INFORMED CONSENT
17	17	SECTION 2. Section 171.018, Health and Safety Code, is
18	18	amended to read as follows:
19	19	Sec. 171.018. OFFENSE. A physician who intentionally
20	20	performs an abortion on a woman in violation of Section 171.011
21	21	[this subchapter] commits an offense. An offense under this
22	22	section is a misdemeanor punishable by a fine not to exceed $10,000.
23	23	In this section, "intentionally" has the meaning assigned by
24	24	Section 6.03(a), Penal Code.
25	25	SECTION 3. Subchapter B, Chapter 171, Health and Safety
26	26	Code, is amended by adding Sections 171.019, 171.020, 171.021, and
27	27	171.022 to read as follows:
28	28	Sec. 171.019. PREVENTION OF COERCED ABORTIONS. (a) Before
29	29	performing an abortion, a physician shall:
30	30	(1) verbally inform the woman on whom the abortion is
31	31	to be performed that a person cannot coerce or force her to have an
32	32	abortion and that the physician cannot perform the abortion unless
33	33	the woman provides her voluntary and informed consent; and
34	34	(2) provide the woman on whom the abortion is to be
35	35	performed with the coerced abortion form described by Section
36	36	171.021:
37	37	(A) in both English and Spanish; and
38	38	(B) in a language other than English or Spanish,
39	39	if applicable, under Section 171.021(c).
40	40	(b) A doctor may not perform an abortion on a woman unless,
41	41	before the abortion, the woman certifies on the coerced abortion
42	42	form described by Section 171.021 that she received from the
43	43	physician the information and materials required by Subsection (a).
44	44	(c) If the woman indicates on the coerced abortion form or
45	45	on the abortion reporting form required by Section 171.051 that she
46	46	is being coerced to have an abortion performed, the physician:
47	47	(1) shall report abuse or neglect under Chapter 261,
48	48	Family Code, if applicable;
49	49	(2) shall provide the referral required by Section
50	50	171.020(2);
51	51	(3) shall provide the woman with access to a telephone
52	52	in a private room; and
53	53	(4) may not perform the abortion until the woman
54	54	provides her voluntary and informed consent that the woman states
55	55	is not a result of coercion.
56	56	Sec. 171.020. REFERRAL TO DOMESTIC VIOLENCE ASSISTANCE.
57	57	The department shall require each physician who performs an
58	58	abortion to:
59	59	(1) maintain a list of domestic violence shelters and
60	60	assistance programs that do not provide or refer for abortions; and
61	61	(2) provide a referral to a domestic violence shelter
62	62	or assistance program that does not provide or refer for abortions
63	63	if the woman seeking an abortion communicates to the facility, the
64	64	physician, or an agent of the physician who is performing the
65	65	abortion that the woman is being abused or is being coerced to have
66	66	the abortion.
67	67	Sec. 171.021. CONTENTS OF FORM. (a) The department shall
68	68	develop a coerced abortion form to be completed by each woman on
69	69	whom an abortion is performed in this state. The form must include:
70	70	(1) the following title centered on the page in
71	71	boldfaced capital letters in 18-point font or larger: "NOTICE";
72	72	(2) the following statement printed in 14-point font
73	73	or larger: "It is against the law for a person, regardless of that
74	74	person's relationship to you, to coerce or force you to have an
75	75	abortion. By law, a physician cannot perform an abortion, including
76	76	inducing, prescribing for, or otherwise providing the means for an
77	77	abortion, unless you give your voluntary and informed consent
78	78	without coercion or force. It is against the law for a physician to
79	79	perform an abortion against your will. You have the right to contact
80	80	any local or state law enforcement agency to receive protection
81	81	from any actual or threatened physical abuse or violence.";
82	82	(3) the following statements printed in 14-point font
83	83	or larger followed by spaces for the woman to initial:
84	84	(A) "I have been informed in person that no one
85	85	can coerce or force me to have an abortion and that an abortion
86	86	cannot be provided to me unless I provide my voluntary and informed
87	87	consent."; and
88	88	(B) "I have read the above notice and understand
89	89	that I have legal protection against being coerced or forced to have
90	90	an abortion.";
91	91	(4) spaces for the signature of the woman on whom an
92	92	abortion is to be performed and the date the form was completed; and
93	93	(5) spaces for the license number, area of specialty,
94	94	and signature of the physician who performed the abortion.
95	95	(b) The department shall provide the form required by
96	96	Subsection (a) in both English and Spanish.
97	97	(c) If the department determines that a substantial number
98	98	of residents in this state speak a primary language other than
99	99	English or Spanish, the department shall provide the form required
100	100	by Subsection (a) in that language. The department shall instruct a
101	101	facility that provides abortions to provide the coerced abortion
102	102	form in a language other than English or Spanish if the department
103	103	determines that a substantial number of residents in the area speak
104	104	a primary language other than English or Spanish.
105	105	Sec. 171.022. PROVISION AND RETENTION OF COERCED ABORTION
106	106	FORM. (a) The department shall provide a copy of this section and
107	107	Sections 171.019-171.021 and the coerced abortion form required by
108	108	Section 171.019 to:
109	109	(1) a physician who becomes newly licensed to practice
110	110	in this state, not later than the 30th day after the date the
111	111	physician receives the license; and
112	112	(2) all physicians licensed to practice in this state,
113	113	not later than December 1 of each year.
114	114	(b) A copy of the coerced abortion form certified by the
115	115	woman shall be placed in the woman's medical file and kept until at
116	116	least the seventh anniversary of the date on which the form was
117	117	signed or, if the woman is a minor, at least until the date the woman
118	118	reaches 20 years of age, whichever is later.
119	119	(c) The woman on whom an abortion is performed shall be
120	120	given a copy of the completed coerced abortion form in person before
121	121	the woman leaves the facility where the abortion is performed.
122	122	SECTION 4. Chapter 171, Health and Safety Code, is amended
123	123	by adding Subchapter C to read as follows:
124	124	SUBCHAPTER C. ABORTION REPORTING
125	125	Sec. 171.051. ABORTION REPORTING FORM. (a) A physician who
126	126	performs an abortion must submit a report by mail to the department
127	127	on each abortion the physician performs. The report must be
128	128	submitted on a form provided by the department.
129	129	(b) The report may not identify the name of the patient by
130	130	any means.
131	131	(c) The abortion reporting form for each abortion must
132	132	include the following information to be completed by the patient:
133	133	(1) the patient's age, race or ethnicity, and marital
134	134	status and municipality, county, state, and nation of residence;
135	135	(2) the age of the father of the unborn child at the
136	136	time of the abortion;
137	137	(3) a space for the patient to indicate the specific
138	138	reason the abortion was performed, including:
139	139	(A) the mother feels coerced or forced to have
140	140	the abortion;
141	141	(B) the mother has all the children she wants;
142	142	(C) the mother cannot afford the child;
143	143	(D) the child has been diagnosed with one or more
144	144	health problems that are documented in the medical records of the
145	145	mother;
146	146	(E) the father of the child opposes the
147	147	pregnancy;
148	148	(F) a parent of the mother of the unborn child
149	149	opposes the pregnancy;
150	150	(G) the mother fears a loss of family support;
151	151	(H) the mother fears losing her job;
152	152	(I) a school counselor recommends abortion;
153	153	(J) a physician recommends abortion;
154	154	(K) the pregnancy was a result of rape;
155	155	(L) the pregnancy was a result of incest; or
156	156	(M) the mother does not wish to complete this
157	157	section;
158	158	(4) the number of previous live births of the patient;
159	159	(5) the number of previous induced abortions of the
160	160	patient;
161	161	(6) the number of previous miscarriages or spontaneous
162	162	abortions of the patient;
163	163	(7) the source of referral for the abortion,
164	164	including:
165	165	(A) a physician;
166	166	(B) self;
167	167	(C) a friend or family member;
168	168	(D) a member of the clergy;
169	169	(E) a school counselor;
170	170	(F) a social services agency;
171	171	(G) the Department of State Health Services;
172	172	(H) a family planning agency; or
173	173	(I) other (specify): ___________________; and
174	174	(8) whether or not the woman availed herself of the
175	175	opportunity to view the printed information required by Subchapter
176	176	B, and, if so, whether the woman viewed the information described in
177	177	Section 171.014, through the Internet or by booklet.
178	178	(d) The abortion reporting form for each abortion must
179	179	include the following information to be completed by the physician:
180	180	(1) the name of the abortion facility at which the
181	181	abortion was performed, the municipality and county in which the
182	182	facility is located, and whether the facility:
183	183	(A) is licensed as an abortion facility under
184	184	Chapter 245;
185	185	(B) is operating as the private office of a
186	186	licensed physician;
187	187	(C) is a licensed hospital;
188	188	(D) is a licensed hospital satellite clinic; or
189	189	(E) is a licensed ambulatory surgical center;
190	190	(2) the license number, area of specialty, and
191	191	signature of the physician who performed or induced the abortion;
192	192	(3) a statement that the physician screened the
193	193	patient for coercion in compliance with Section 171.019;
194	194	(4) the type of abortion procedure, including:
195	195	(A) nonsurgical abortion, specifying the
196	196	medication or chemical used;
197	197	(B) suction and curettage;
198	198	(C) dilation and curettage;
199	199	(D) dilation and evacuation;
200	200	(E) labor and induction;
201	201	(F) dilation and extraction;
202	202	(G) hysterotomy or hysterectomy; or
203	203	(H) other (specify): ________;
204	204	(5) the date the abortion was performed;
205	205	(6) whether the patient survived the abortion, and if
206	206	the patient did not survive, the cause of death;
207	207	(7) the number of fetuses the patient was carrying;
208	208	(8) the number of weeks of gestation based on the best
209	209	medical judgment of the attending physician at the time of the
210	210	procedure and the weight of the fetus or fetuses, if determinable;
211	211	(9) the method of pregnancy verification, including:
212	212	(A) urine test;
213	213	(B) clinical lab test;
214	214	(C) ultrasound;
215	215	(D) not tested; or
216	216	(E) other (specify): ____________________;
217	217	(10) whether the abortion was paid for by:
218	218	(A) private insurance;
219	219	(B) a public health plan; or
220	220	(C) personal payment by patient;
221	221	(11) whether there was no insurance coverage or
222	222	insurance coverage was provided by:
223	223	(A) a fee-for-service insurance company;
224	224	(B) a managed care company; or
225	225	(C) another source (specify): ________________;
226	226	(12) the total fee collected for performing the
227	227	abortion, including any services related to the abortion;
228	228	(13) the type of anesthetic, if any, used for each
229	229	abortion performed, and whether anesthetic was used for the woman,
230	230	the unborn child or children, or both;
231	231	(14) the method used to dispose of the fetal tissue and
232	232	remains;
233	233	(15) complications for each abortion, including:
234	234	(A) none;
235	235	(B) shock;
236	236	(C) uterine perforation;
237	237	(D) cervical laceration;
238	238	(E) hemorrhage;
239	239	(F) aspiration or allergic response;
240	240	(G) infection or sepsis;
241	241	(H) infant or infants born alive;
242	242	(I) death of mother; or
243	243	(J) other (specify): __________; and
244	244	(16) if the infant or infants were born alive:
245	245	(A) whether life-sustaining measures were
246	246	provided to the infant or infants; and
247	247	(B) the period of time the infant or infants
248	248	survived.
249	249	(e) If the patient is a minor, the report on each abortion
250	250	must include:
251	251	(1) whether the minor's parent, managing conservator,
252	252	or legal guardian provided the written consent required by Section
253	253	164.052(a)(19), Occupations Code, and, if so, whether the consent
254	254	was given:
255	255	(A) in person at the time of the abortion; or
256	256	(B) at a place other than the location at which
257	257	the abortion is performed or induced;
258	258	(2) whether the physician concluded and documented in
259	259	writing in the patient's medical record that on the basis of the
260	260	physician's good faith clinical judgment a condition existed that
261	261	complicated the medical condition of the pregnant minor and
262	262	necessitated the immediate abortion of her pregnancy to avert her
263	263	death or to avoid a serious risk of substantial impairment of a
264	264	major bodily function and that there was insufficient time to
265	265	obtain the consent of the minor's parent, managing conservator, or
266	266	legal guardian;
267	267	(3) whether the minor was emancipated and permitted to
268	268	have the abortion without the written consent required by Section
269	269	164.052(a)(19), Occupations Code;
270	270	(4) whether judicial authorization was received,
271	271	waiving the written consent required by Section 164.052(a)(19),
272	272	Occupations Code; and
273	273	(5) if judicial authorization was received, the
274	274	process the physician or the physician's agent used to inform the
275	275	minor of the judicial bypass, whether court forms were provided to
276	276	her, and what entity made the court arrangement for the minor.
277	277	(f) The patient must fill out sections of the form under
278	278	Subsection (c). Sections to be filled out by the patient must be at
279	279	the top of the form. The bottom portion of the reporting form must
280	280	be completed by the physician performing the abortion. The
281	281	requirement that the patient fill out the patient's portion of the
282	282	form may be waived only if the abortion is performed to prevent the
283	283	death of the mother or to avoid harm to a mother described by
284	284	Section 164.052(a)(18), Occupations Code, or harm to a mother who
285	285	is a minor described by Section 164.052(a)(19), Occupations Code.
286	286	If the requirement that the patient fill out the patient's portion
287	287	of the form is waived under this subsection, the physician
288	288	performing the abortion shall include in the patient's medical
289	289	records a signed written statement certifying the nature of the
290	290	medical emergency.
291	291	(g) A copy of the abortion reporting form must be maintained
292	292	in the patient's medical file at least until the seventh
293	293	anniversary of the date of the abortion. The patient must be given
294	294	a copy of the completed abortion reporting form in person after the
295	295	physician and patient complete the form.
296	296	(h) The department shall provide the abortion reporting
297	297	form required by this section, together with a copy of this section
298	298	to:
299	299	(1) a physician who becomes newly licensed to practice
300	300	in this state, not later than the 30th day after the date the
301	301	physician receives the license; and
302	302	(2) all physicians licensed to practice in this state,
303	303	not later than December 1 of each year.
304	304	Sec. 171.052. ABORTION COMPLICATION REPORT. (a) A
305	305	physician practicing in the state who treats an illness or injury
306	306	related to complications from an abortion shall complete and submit
307	307	an abortion complication report to the department. The report must
308	308	be submitted by mail on the form provided by the department.
309	309	(b) The department shall prepare an abortion complication
310	310	report form for all physicians licensed and practicing in this
311	311	state. A copy of this section must be attached to the form. The
312	312	form must include:
313	313	(1) the date and type of the original abortion,
314	314	including:
315	315	(A) nonsurgical abortion, specifying the
316	316	medication or chemical used;
317	317	(B) suction and curettage;
318	318	(C) dilation and curettage;
319	319	(D) dilation and evacuation;
320	320	(E) labor and induction;
321	321	(F) dilation and extraction;
322	322	(G) hysterotomy or hysterectomy; or
323	323	(H) other (specify): ______________;
324	324	(2) the name and type of facility where the abortion
325	325	complication was diagnosed and treated, including:
326	326	(A) an abortion facility licensed under Chapter
327	327	245;
328	328	(B) a private office of a licensed physician;
329	329	(C) a licensed hospital;
330	330	(D) a licensed hospital satellite clinic; or
331	331	(E) a licensed ambulatory surgical center;
332	332	(3) the name and type of facility where the abortion
333	333	was performed, if known;
334	334	(4) the license number, area of specialty, and
335	335	signature of the physician who treated the abortion complication;
336	336	(5) the date on which the abortion complication was
337	337	diagnosed and treated;
338	338	(6) a description of the abortion complication,
339	339	including:
340	340	(A) none;
341	341	(B) shock;
342	342	(C) uterine perforation;
343	343	(D) cervical laceration;
344	344	(E) hemorrhage;
345	345	(F) aspiration or allergic response;
346	346	(G) infection or sepsis;
347	347	(H) infant or infants born alive;
348	348	(I) death of mother; or
349	349	(J) other (specify): ________________;
350	350	(7) the patient's age, race or ethnicity, and marital
351	351	status and municipality, county, state, and nation of residence;
352	352	(8) the number of weeks of gestation at which the
353	353	abortion was performed based on the best medical judgment of the
354	354	attending physician at the time of treatment for the abortion
355	355	complication;
356	356	(9) the number of previous live births of the patient;
357	357	(10) the number of previous induced abortions for the
358	358	patient;
359	359	(11) the number of previous miscarriages or
360	360	spontaneous abortions of the patient;
361	361	(12) whether treatment for the abortion complication
362	362	was paid for by:
363	363	(A) private insurance;
364	364	(B) a public health plan; or
365	365	(C) personal payment by the patient;
366	366	(13) the total fee collected for treatment for the
367	367	abortion complication;
368	368	(14) whether there was no insurance coverage or
369	369	insurance coverage was provided by:
370	370	(A) a fee-for-service insurance company;
371	371	(B) a managed care company; or
372	372	(C) another provider; and
373	373	(15) the type of follow-up care recommended.
374	374	(c) The department shall provide the abortion complication
375	375	form required by this section, together with a copy of this section,
376	376	to:
377	377	(1) a physician who becomes newly licensed to practice
378	378	in this state, not later than the 30th day after the date the
379	379	physician receives the license; and
380	380	(2) all physicians licensed to practice in this state,
381	381	not later than December 1 of each year.
382	382	(d) A copy of the abortion complication report form must be
383	383	maintained in the patient's medical file until the seventh
384	384	anniversary of the date the abortion complication was diagnosed and
385	385	treated. The patient must receive a copy of the completed form in
386	386	person before the patient leaves the facility.
387	387	SECTION 5. Chapter 171, Health and Safety Code, is amended
388	388	by adding Subchapter D to read as follows:
389	389	SUBCHAPTER D. PROVISIONS RELATING TO REPORTS; PENALTIES
390	390	Sec. 171.061. REPORTING REQUIREMENTS. (a) A physician
391	391	performing an abortion shall complete and submit an abortion
392	392	reporting form to the department for each abortion as required by
393	393	Section 171.051 not later than the 15th day of each month for
394	394	abortions performed in the previous calendar month.
395	395	(b) A physician required to submit an abortion complication
396	396	report to the department by Section 171.052 shall submit the report
397	397	as soon as practicable after diagnosis or treatment of the abortion
398	398	complication, but in no case more than seven days after the date of
399	399	the diagnosis or treatment.
400	400	(c) Not later than April 1 of each year, the department
401	401	shall issue in aggregate a public report summarizing the
402	402	information submitted on each individual report required by
403	403	Sections 171.051 and 171.052. The public report shall cover the
404	404	entire previous calendar year and shall be compiled from the data in
405	405	all the abortion reporting forms and the abortion complication
406	406	reports submitted to the department in accordance with Sections
407	407	171.051 and 171.052. Each public report shall also provide
408	408	information for all previous calendar years, adjusted to reflect
409	409	any additional information from late or corrected reports. The
410	410	department shall ensure that none of the information included in
411	411	the public reports could reasonably lead to identification of any
412	412	physician who performed an abortion or treated abortion-related
413	413	complications or of any woman who has had an abortion.
414	414	(d) Except as provided by Subsection (c) and Section
415	415	245.023, all information and records held by the department under
416	416	this subchapter and Subchapter C are confidential and are not open
417	417	records for the purposes of Chapter 552, Government Code. That
418	418	information may not be released or made public, except that release
419	419	may be made:
420	420	(1) for statistical purposes, but only if a person,
421	421	patient, physician, or facility is not identified;
422	422	(2) to medical personnel, appropriate state agencies,
423	423	or county and district courts to enforce this chapter or Chapter
424	424	245; or
425	425	(3) to appropriate state licensing boards to enforce
426	426	state licensing laws.
427	427	(e) The department or an employee of the department may not
428	428	disclose to a person or entity outside of the department the reports
429	429	or contents of the reports required by this section and Sections
430	430	171.051 and 171.052 in a manner or fashion that permits the person
431	431	or entity to whom the form or report is disclosed to identify in any
432	432	way a person who is the subject of the report.
433	433	Sec. 171.062. PENALTIES. (a) A physician who does not
434	434	submit a report required by Section 171.051 or 171.052 within 30
435	435	days of the date the report was due is subject to a late fee of $500
436	436	for each additional 30-day period or portion of a 30-day period the
437	437	report is overdue.
438	438	(b) A physician required to file a report by Section 171.051
439	439	or 171.052 who has not submitted a complete report before the first
440	440	anniversary of the date the report was due is subject to a late fee
441	441	under Subsection (a) and, in an action brought by the department,
442	442	may be directed by a court to submit a complete report within a
443	443	period stated by court order or be subject to sanctions for civil
444	444	contempt.
445	445	Sec. 171.063. OFFENSE. (a) A physician commits an offense
446	446	if a physician:
447	447	(1) fails to submit a report required by this
448	448	subchapter or Subchapter C;
449	449	(2) intentionally, knowingly, or recklessly submits
450	450	false information on a report required by this subchapter or
451	451	Subchapter C;
452	452	(3) includes the name or identifying information of
453	453	the woman who had the abortion in a report required by this
454	454	subchapter or Subchapter C; or
455	455	(4) includes the name or identifying information of a
456	456	physician in a public report required by Section 171.061(c).
457	457	(b) A physician who discloses confidential identifying
458	458	information in violation of Section 171.061(e) commits an offense.
459	459	(c) A physician commits an offense if the physician performs
460	460	an abortion and the physician reasonably believes that the abortion
461	461	is the result of coercion, as defined by Section 1.07, Penal Code.
462	462	(d) An offense under this section is a Class A misdemeanor.
463	463	SECTION 6. Section 245.001, Health and Safety Code, is
464	464	amended to read as follows:
465	465	Sec. 245.001. SHORT TITLE. This chapter may be cited as the
466	466	Texas Abortion Facility [Reporting and] Licensing Act.
467	467	SECTION 7. Section 245.005(e), Health and Safety Code, is
468	468	amended to read as follows:
469	469	(e) As a condition for renewal of a license, the licensee
470	470	must submit to the department the annual license renewal fee and an
471	471	annual report[, including the report required under Section
472	472	245.011].
473	473	SECTION 8. Section 248.003, Health and Safety Code, is
474	474	amended to read as follows:
475	475	Sec. 248.003. EXEMPTIONS. This chapter does not apply to:
476	476	(1) a home and community support services agency
477	477	required to be licensed under Chapter 142;
478	478	(2) a person required to be licensed under Chapter 241
479	479	(Texas Hospital Licensing Law);
480	480	(3) an institution required to be licensed under
481	481	Chapter 242;
482	482	(4) an ambulatory surgical center required to be
483	483	licensed under Chapter 243 (Texas Ambulatory Surgical Center
484	484	Licensing Act);
485	485	(5) a birthing center required to be licensed under
486	486	Chapter 244 (Texas Birthing Center Licensing Act);
487	487	(6) a facility required to be licensed under Chapter
488	488	245 (Texas Abortion Facility [Reporting and] Licensing Act);
489	489	(7) a child care institution, foster group home,
490	490	foster family home, and child-placing agency, for children in
491	491	foster care or other residential care who are under the
492	492	conservatorship of the Department of Protective and Regulatory
493	493	Services; or
494	494	(8) a person providing medical or nursing care or
495	495	services under a license or permit issued under other state law.
496	496	SECTION 9. Section 245.011, Health and Safety Code, is
497	497	repealed.
498	498	SECTION 10. (a) Not later than December 1, 2009, the
499	499	Department of State Health Services shall develop and make
500	500	available the forms required by Subchapter B, Chapter 171, Health
501	501	and Safety Code, as amended by this Act, and Subchapter C, Chapter
502	502	171, Health and Safety Code, as added by this Act, along with
503	503	instructions for completing the forms.
504	504	(b) Not later than January 1, 2010, the Department of State
505	505	Health Services shall distribute forms as required by Sections
506	506	171.022(a), 171.051(h), and 171.052(c), Health and Safety Code, as
507	507	added by this Act.
508	508	(c) A physician is not required to submit a report under
509	509	Section 171.051 or 171.052, Health and Safety Code, as added by this
510	510	Act, before January 1, 2010.
511	511	(d) Section 171.063, Health and Safety Code, as added by
512	512	this Act, applies only to an offense committed on or after January
513	513	1, 2010. For purposes of this section, an offense is committed
514	514	before January 1, 2010, if any element of the offense occurs before
515	515	that date. An offense committed before January 1, 2010, is covered
516	516	by the law in effect when the offense was committed, and the former
517	517	law is continued in effect for that purpose.
518	518	SECTION 11. (a) Except as provided by Subsection (b) of
519	519	this section, this Act takes effect September 1, 2009.
520	520	(b) Section 171.063, Health and Safety Code, as added by
521	521	this Act, Section 245.005, Health and Safety Code, as amended by
522	522	this Act, and the repeal of Section 245.011, Health and Safety Code,
523	523	by this Act take effect January 1, 2010.