| 1 | 1 | | 82R17788 CJC-D |
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| 2 | 2 | | By: Christian, Huberty, Craddick, Hilderbran, H.B. No. 561 |
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| 3 | 3 | | Cook, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 561: |
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| 5 | 5 | | By: Cook C.S.H.B. No. 561 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to a hospital district's use of tax revenue to finance the |
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| 11 | 11 | | performance of an abortion. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. The heading to Subchapter M, Chapter 285, Health |
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| 14 | 14 | | and Safety Code, is amended to read as follows: |
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| 15 | 15 | | SUBCHAPTER M. REGULATION [PROVISION] OF SERVICES |
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| 16 | 16 | | SECTION 2. Subchapter M, Chapter 285, Health and Safety |
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| 17 | 17 | | Code, is amended by adding Section 285.202 to read as follows: |
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| 18 | 18 | | Sec. 285.202. PROHIBITED USE OF TAX REVENUE FOR ABORTIONS; |
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| 19 | 19 | | EXCEPTION FOR MEDICAL EMERGENCY. (a) In this section, "medical |
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| 20 | 20 | | emergency" means a life-threatening physical condition aggravated |
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| 21 | 21 | | by, caused by, or arising from a pregnancy that, as certified by a |
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| 22 | 22 | | physician, places the woman in danger of death or a serious risk of |
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| 23 | 23 | | substantial impairment of a major bodily function unless an |
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| 24 | 24 | | abortion is performed. |
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| 25 | 25 | | (b) Except in the case of a medical emergency, a hospital |
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| 26 | 26 | | district created under general or special law may not use tax |
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| 27 | 27 | | revenue of the district to finance the performance of an abortion. |
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| 28 | 28 | | (c) A physician who performs an abortion in a medical |
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| 29 | 29 | | emergency at a hospital or other health care facility owned or |
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| 30 | 30 | | operated by a hospital district shall: |
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| 31 | 31 | | (1) include in the patient's medical records a |
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| 32 | 32 | | statement signed by the physician certifying the nature of the |
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| 33 | 33 | | medical emergency; and |
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| 34 | 34 | | (2) not later than the 30th day after the date the |
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| 35 | 35 | | abortion is performed, certify to the Department of State Health |
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| 36 | 36 | | Services the specific medical condition that constituted the |
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| 37 | 37 | | emergency. |
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| 38 | 38 | | (d) The statement required under Subsection (c)(1) shall be |
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| 39 | 39 | | placed in the patient's medical records and shall be kept by the |
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| 40 | 40 | | hospital or other health care facility where the abortion is |
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| 41 | 41 | | performed until: |
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| 42 | 42 | | (1) the seventh anniversary of the date the abortion |
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| 43 | 43 | | is performed; or |
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| 44 | 44 | | (2) if the pregnant woman is a minor, the later of: |
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| 45 | 45 | | (A) the seventh anniversary of the date the |
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| 46 | 46 | | abortion is performed; or |
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| 47 | 47 | | (B) the woman's 21st birthday. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2011. |
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