Texas 2017 - 85th Regular

Texas House Bill HB201 Compare Versions

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

Old	New	Differences
1	1	85R1126 SCL-F
2	2	By: Cook H.B. No. 201
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to disposition of fetal remains by a health care facility;
8	8	imposing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 8, Health and Safety Code, is
11	11	amended by adding Chapter 697 to read as follows:
12	12	CHAPTER 697. DISPOSITION OF FETAL REMAINS
13	13	Sec. 697.001. DEFINITIONS. In this chapter:
14	14	(1) "Cremation" means the irreversible process of
15	15	reducing remains to ashes or bone fragments through extreme heat
16	16	and evaporation.
17	17	(2) "Department" means the Department of State Health
18	18	Services.
19	19	(3) "Executive commissioner" means the executive
20	20	commissioner of the Health and Human Services Commission.
21	21	(4) "Fetal remains" means a fetus, body parts, organs,
22	22	or other tissue from a pregnancy. The term does not include the
23	23	umbilical cord, placenta, gestational sac, blood, or body fluids.
24	24	(5) "Incineration" means the process of burning
25	25	remains in an incinerator.
26	26	(6) "Interment" means the disposition of remains by
27	27	entombment, burial, or placement in a niche.
28	28	(7) "Steam disinfection" means the act of subjecting
29	29	remains to steam under pressure to disinfect the remains.
30	30	Sec. 697.002. DISPOSITION OF FETAL REMAINS. (a) A health
31	31	care facility in this state that provides health or medical care to
32	32	a pregnant woman shall dispose of any fetal remains related to that
33	33	care, regardless of the period of gestation or weight of the fetus,
34	34	by:
35	35	(1) interment;
36	36	(2) cremation;
37	37	(3) incineration followed by interment; or
38	38	(4) steam disinfection followed by interment.
39	39	(b) The executive commissioner shall adopt rules to
40	40	implement this section.
41	41	Sec. 697.003. SUSPENSION OR REVOCATION OF LICENSE. The
42	42	department may suspend or revoke the license of a health care
43	43	facility that violates Section 697.002 or a rule adopted under that
44	44	section.
45	45	Sec. 697.004. CIVIL PENALTY. (a) A health care facility
46	46	that violates Section 697.002 or a rule adopted under that section
47	47	is liable for a civil penalty in an amount of $1,000 for each
48	48	violation.
49	49	(b) The attorney general may sue to collect the penalty.
50	50	The attorney general may recover reasonable expenses incurred in
51	51	obtaining relief under this section, including court costs,
52	52	reasonable attorney's fees, investigation costs, witness fees, and
53	53	disposition expenses.
54	54	SECTION 2. The executive commissioner of the Health and
55	55	Human Services Commission shall adopt rules to implement Chapter
56	56	697, Health and Safety Code, as added by this Act, not later than
57	57	January 1, 2018.
58	58	SECTION 3. The change in law made by this Act applies only
59	59	to the disposition of fetal remains that occurs on or after February
60	60	1, 2018. The disposition of fetal remains that occurs before
61	61	February 1, 2018, is governed by the law in effect immediately
62	62	before the effective date of this Act, and the former law is
63	63	continued in effect for that purpose.
64	64	SECTION 4. This Act takes effect September 1, 2017.