Texas 2015 - 84th Regular

Texas House Bill HB3966 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7574 JSC-D
2	2	By: Farrar H.B. No. 3966
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of limited service pregnancy centers;
8	8	providing civil penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 172 to read as follows:
12	12	CHAPTER 172. LIMITED SERVICE PREGNANCY CENTERS
13	13	Sec. 172.001. DEFINITIONS. In this chapter:
14	14	(1) "Commission" means the Health and Human Services
15	15	Commission.
16	16	(2) "Comprehensive birth control services" means all
17	17	drugs and medical devices that have been approved by the United
18	18	States Food and Drug Administration for birth control.
19	19	(3) "Limited service pregnancy center" means an
20	20	organization, including a pregnancy counseling organization,
21	21	crisis pregnancy center, pregnancy care center, or pregnancy
22	22	support center, that for a fee or free of charge provides pregnancy
23	23	counseling or information but does not perform abortions or make
24	24	referrals to an abortion provider, does not provide or make
25	25	referrals for comprehensive birth control services, and is not
26	26	licensed or certified by this state or the federal government to
27	27	provide medical or health care services. The term does not include a
28	28	licensed health care provider, hospital, or family planning clinic
29	29	that performs abortions, provides contraception, or provides
30	30	abortion or contraception referrals.
31	31	(4) "Medically inaccurate information" means
32	32	information not supported by the weight of peer-reviewed research
33	33	conducted in compliance with accepted scientific methods and
34	34	recognized as accurate by leading professional organizations and
35	35	agencies with relevant expertise in the field.
36	36	Sec. 172.002. REPORTING REQUIREMENT. (a) A limited service
37	37	pregnancy center in this state shall submit to the commission and
38	38	the appropriate local health authority a monthly report that
39	39	contains:
40	40	(1) the number of women who received services at the
41	41	center;
42	42	(2) the average cost incurred by the center in
43	43	providing the services to each woman;
44	44	(3) a list of the services provided at the center;
45	45	(4) the credentials of each person providing each type
46	46	of service; and
47	47	(5) de-identified statistics on:
48	48	(A) the number of pregnancy tests performed and
49	49	number of pregnancy tests with a positive result; and
50	50	(B) the number of tests performed for sexually
51	51	transmitted infections and the number of positive test results and
52	52	for which diseases.
53	53	(b) The commission shall publish the reported information
54	54	on the commission's Internet website. If the commission contracts
55	55	with an organization for the distribution of state funding to
56	56	limited service pregnancy centers, that organization must publish
57	57	the reported information on the organization's Internet website.
58	58	Sec. 172.003. FALSE OR MISLEADING STATEMENTS PROHIBITED. A
59	59	limited service pregnancy center may not make false or misleading
60	60	statements, including:
61	61	(1) providing medically inaccurate information; and
62	62	(2) misrepresenting the services provided at the
63	63	center or the qualifications of center staff.
64	64	Sec. 172.004. VIOLATION; CIVIL PENALTY. (a) A limited
65	65	service pregnancy center that violates this chapter is liable to
66	66	the state for a civil penalty of not less than $50 but not more than
67	67	$500 for each violation. Each day a continuing violation occurs
68	68	constitutes a separate violation.
69	69	(b) The attorney general, the district or county attorney
70	70	for the county, or the municipal attorney of the municipality in
71	71	which the violation is alleged to have occurred may bring an action
72	72	to recover a civil penalty under this section or to enjoin
73	73	violations of this chapter.
74	74	(c) Before a suit may be brought for a violation of this
75	75	chapter, the attorney general, the district or county attorney for
76	76	the county, or the municipal attorney of the municipality in which
77	77	the violation is alleged to have occurred shall provide to the
78	78	limited service pregnancy center notice that:
79	79	(1) describes the violation;
80	80	(2) states the amount of the proposed penalty for the
81	81	violation; and
82	82	(3) gives 10 days from the receipt of the notice to
83	83	cure the violation to avoid the penalty.
84	84	Sec. 172.005. STATE FUNDING PROHIBITED. The commission, or
85	85	an organization distributing state funds under contract with the
86	86	commission, may not grant or distribute state funding to a limited
87	87	service pregnancy center that violates this chapter.
88	88	SECTION 2. A limited service pregnancy center is not
89	89	required to submit a report required by Section 172.002, Health and
90	90	Safety Code, as added by this Act, before January 1, 2016.
91	91	SECTION 3. This Act takes effect September 1, 2015.