82R11045 YDB-F
By: Hernandez Luna H.B. No. 3230
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of limited service pregnancy centers;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 172 to read as follows:
CHAPTER 172. LIMITED SERVICE PREGNANCY CENTERS
Sec. 172.001. DEFINITIONS. In this chapter:
(1) "Advertise" means to offer goods or services to
the public without regard to whether the goods or services are
offered for payment or result in a profit.
(2) "Comprehensive birth control services" means all
drugs and medical devices that have been approved by the United
States Food and Drug Administration for birth control.
(3) "Limited service pregnancy center" means an
organization, including a pregnancy counseling organization or
crisis pregnancy center, that for a fee or free of charge provides
pregnancy counseling or information but does not perform abortions
or make referrals to an abortion provider, does not provide or make
referrals for comprehensive birth control services, and is not
licensed or certified by this state or the federal government to
provide medical or health care services. The term does not include a
licensed health care provider, hospital, or family planning clinic
that performs abortions or provides contraception or provides
abortion or contraception referrals.
(4) "Pregnancy-related medical service" means a
medical service provided to a pregnant woman by a health care
provider licensed in this state.
Sec. 172.002. PROHIBITED ADVERTISING. (a) A person may not
advertise with the intent to deceptively create the impression that
the person is a provider of pregnancy-related medical services if
the person is not a health care provider licensed in this state and
authorized by law to provide pregnancy-related medical services.
(b) A person may not advertise a limited service pregnancy
center or an organization that refers women to limited service
pregnancy centers without including the following disclaimer in
the advertisement: "This center does not provide abortions or refer
to abortion providers. This center does not provide or refer to
providers of United States Food and Drug Administration-approved
birth control drugs and medical devices."
Sec. 172.003. POSTED NOTICE REQUIRED. (a) A limited
service pregnancy center shall prominently display, at the entrance
of the center, two black and white signs, one in English and one in
Spanish, that contain the following statement: "This center does
not perform abortions or provide referrals to abortion providers.
This center does not provide or refer to providers of United States
Food and Drug Administration-approved birth control drugs and
medical devices."
(b) Each sign required under Subsection (a) must be at least
8-1/2 by 11 inches in size and clearly legible from outside the
center. The text for the sign must be in at least 48-point font
size.
Sec. 172.004. CIVIL AND CRIMINAL PENALTIES. (a) A person
commits an offense if the person violates Section 172.002 or
172.003. An offense under this subsection is a Class A misdemeanor.
(b) In addition to being subject to a criminal penalty, a
person who intentionally violates Section 172.002 or 172.003 is
liable for a civil penalty in an amount not to exceed $10,000 for
each violation. The amount shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
and
(4) any other matter that justice may require.
(c) The attorney general or a district or county attorney of
the county in which the violation is alleged to have occurred may
sue to collect a civil penalty under this section. In the suit the
attorney general or a district or county attorney may recover
reasonable expenses incurred in obtaining the penalty, including
investigation and court costs and reasonable attorney's fees.
(d) A separate civil penalty may be collected for each day a
continuing violation occurs.
(e) The penalties provided by this section are in addition
to any other penalty provided by law, including Chapter 17,
Business & Commerce Code, and Chapter 165, Occupations Code.
SECTION 2. This Act takes effect September 1, 2011.