By: Farrar H.B. No. 3745
A BILL TO BE ENTITLED
AN ACT
relating to the standards of medical information provided in the
informational materials developed by the Department of State Health
Services provided to a woman who is considering having an abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 171.014 of the Health and Safety Code is
amended to read as follows:
Sec. 171.014. INFORMATIONAL MATERIALS (a) The department
shall publish informational materials that include:
(1) the information required to be provided under
Sections 171.012(a)(1)(B) and (D) and (a)(2)(A), (B), and (C); and
(2) the materials required by Sections 171.015 and
171.016.
(b) The materials shall be published in:
(1) English and Spanish;
(2) an easily comprehensible form; and
(3) a typeface large enough to be clearly legible.
(c) The materials shall be available at no cost from the
department on request. The department shall provide appropriate
quantities of the materials to any person.
(d) The department shall annually review the materials to
determine if changes to the contents of the materials are
necessary. The department shall adopt rules necessary for
considering and making changes to the materials.
(e) The department shall develop and maintain an Internet
website to display the information required to be published under
this section. In developing and maintaining the website the
department shall, to the extent reasonably practicable, safeguard
the website against alterations by anyone other than the department
and shall monitor the website each day to prevent and correct
tampering. The department shall ensure that the website does not
collect or maintain information regarding access to the website.
(f) In addition to any other organization or entity, the
department shall use the American College of Obstetricians and
Gynecologists as the resource in developing information required to
be provided under Sections 171.012(a)(1)(B) and (D), Sections
171.012(a)(2)(A), (B), and (C), and Section 171.016, and in
maintaining the department's Internet website.
(f-1) The department shall only publish information
required to be provided under Sections 171.012(a)(1)(B) and (D),
Sections 171.012(a)(2)(A), (B), and (C), and Section 171.016, and
in maintaining the department's Internet website, which conforms to
standards adopted by the National Institute of Health, and its
partner organizations.
SECTION 2. Section 171.016 of the Health and Safety Code is
amended to read as follows:
Sec. 171.016. INFORMATION RELATING TO CHARACTERISTICS OF
UNBORN CHILD FETUS OR EMBRYO. (a) The informational materials must
include materials designed to inform the woman of the probable
anatomical and physiological characteristics of the unborn child
fetus or embryo at two-week gestational increments from the time
when a woman can be known to be pregnant to full term, including any
relevant information on the possibility of the unborn child's
fetus' or embryo's survival.
(b) The materials must include color pictures representing
the development of the child at two-week gestational increments.
The pictures must contain the dimensions of the unborn child fetus
or embryo and must be realistic.
(c) The materials provided under this section must be
objective and nonjudgmental and be designed to convey only accurate
scientific information about the unborn child fetus or embryo at
the various gestational ages, in accordance to standards adopted by
the National Institute of Health, and its partner organizations.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.