Texas 2017 - 85th Regular

Texas House Bill HB3246 Compare Versions

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

Old	New	Differences
1	1	85R12300 SCL-F
2	2	By: Leach H.B. No. 3246
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to voluntary and informed consent to an abortion and
8	8	actions to be taken by an abortion provider to prevent coerced
9	9	abortions and human trafficking.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter B, Chapter 171, Health
12	12	and Safety Code, is amended to read as follows:
13	13	SUBCHAPTER B. VOLUNTARY AND INFORMED CONSENT
14	14	SECTION 2. Section 171.015, Health and Safety Code, is
15	15	amended to read as follows:
16	16	Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE
17	17	AGENCIES. The informational materials must include:
18	18	(1) geographically indexed materials designed to
19	19	inform the pregnant woman of public and private agencies and
20	20	services that:
21	21	(A) are available to assist a woman through
22	22	pregnancy, childbirth, and the child's dependency, including:
23	23	(i) a comprehensive list of adoption
24	24	agencies;
25	25	(ii) a description of the services the
26	26	adoption agencies offer;
27	27	(iii) a description of the manner,
28	28	including telephone numbers, in which an adoption agency may be
29	29	contacted; [and]
30	30	(iv) a comprehensive list of agencies and
31	31	organizations that offer sonogram services at no cost to the
32	32	pregnant woman;
33	33	(v) pregnancy resource centers and
34	34	maternity homes;
35	35	(vi) a comprehensive list of assistance
36	36	programs for victims of family violence and human trafficking;
37	37	(vii) the telephone number and Internet
38	38	website of the National Human Trafficking Resource Center;
39	39	(viii) a list of persons licensed to
40	40	practice in this state as social workers, licensed professional
41	41	counselors, licensed marriage and family therapists, and
42	42	psychologists who have volunteered to assist women being coerced or
43	43	forced to have or seek an abortion or volunteered to provide
44	44	services for human trafficking rescue and restoration; and
45	45	(ix) nonprofit organizations that provide
46	46	free legal aid to women being coerced or forced to have or seek an
47	47	abortion or to victims of human trafficking;
48	48	(B) do not provide abortions or abortion-related
49	49	services or make referrals to abortion providers; and
50	50	(C) are not affiliated with organizations that
51	51	provide abortions or abortion-related services or make referrals to
52	52	abortion providers; and
53	53	(2) a toll-free, 24-hour telephone number that may be
54	54	called to obtain an oral list and description of agencies described
55	55	by Subdivision (1) that are located near the caller and of the
56	56	services the agencies offer.
57	57	SECTION 3. Subchapter B, Chapter 171, Health and Safety
58	58	Code, is amended by adding Sections 171.019, 171.020, 171.021,
59	59	171.022, and 171.023 to read as follows:
60	60	Sec. 171.019. PREVENTION OF COERCED ABORTIONS. (a) Before
61	61	any anesthesia or sedative is given to a woman and before an
62	62	abortion is performed on the woman, a physician shall:
63	63	(1) verbally inform the woman that the physician
64	64	cannot perform the abortion unless the woman provides her voluntary
65	65	and informed consent; and
66	66	(2) provide the woman with the coerced abortion form
67	67	described by Section 171.020:
68	68	(A) in both English and Spanish; and
69	69	(B) in a language other than English or Spanish
70	70	if required under Section 171.020(c).
71	71	(b) A physician may not perform an abortion on a woman
72	72	unless, before the abortion, the woman certifies on the coerced
73	73	abortion form described by Section 171.020 that she received from
74	74	the physician the information and materials required by Subsection
75	75	(a).
76	76	Sec. 171.020. COERCED ABORTION FORM; RETENTION OF FORM.
77	77	(a) The department shall develop a coerced abortion form to be
78	78	completed by each woman on whom an abortion is performed in this
79	79	state.
80	80	(b) The department shall provide the form required by
81	81	Subsection (a) in both English and Spanish.
82	82	(c) If the department determines that a substantial number
83	83	of residents in this state speak a primary language other than
84	84	English or Spanish, the department shall provide the form required
85	85	by Subsection (a) in that language. The department shall instruct a
86	86	facility that provides abortions to provide the coerced abortion
87	87	form in a language other than English or Spanish if the department
88	88	determines that a substantial number of residents in the area speak
89	89	a primary language other than English or Spanish.
90	90	(d) A copy of the coerced abortion form certified by the
91	91	woman shall be placed in the woman's medical file and kept until at
92	92	least the seventh anniversary of the date on which the form was
93	93	signed or, if the woman is a minor, at least until the date the woman
94	94	reaches 20 years of age, whichever is later.
95	95	Sec. 171.021. PREVENTION OF HUMAN TRAFFICKING; ASSISTANCE
96	96	TO VICTIMS. (a) If a woman at any time before an abortion is
97	97	performed on the woman indicates to the physician or the
98	98	physician's agent that she is a victim of human trafficking or the
99	99	physician is otherwise made aware that the woman has indicated she
100	100	is a victim of human trafficking, the physician shall:
101	101	(1) report an offense under Section 20A.02, Penal
102	102	Code, to local law enforcement;
103	103	(2) provide the woman with the information described
104	104	by Section 171.015; and
105	105	(3) provide the woman with access to a telephone in a
106	106	private room.
107	107	(b) An agent of a physician, including a volunteer for or an
108	108	employee of the physician or of an office or facility at which
109	109	abortions are performed, shall immediately notify the physician who
110	110	is to perform an abortion on a woman if the woman communicates to
111	111	the agent that the woman is a victim of human trafficking.
112	112	(c) If a physician or physician's agent has reasonable
113	113	suspicion that a woman is a victim of human trafficking, the
114	114	physician or physician's agent shall immediately report the
115	115	suspected trafficking and the name of the individual suspected of
116	116	trafficking to the appropriate local law enforcement agency.
117	117	Sec. 171.022. WITHDRAWAL OF CONSENT. A woman on whom an
118	118	abortion is to be performed may withdraw consent to the abortion at
119	119	any time before the performance of the abortion.
120	120	Sec. 171.023. SIGN POSTING. (a) An office or facility at
121	121	which abortions are performed shall post the following sign:
122	122	"NOTICE: Human trafficking, including sex trafficking, is a
123	123	violation of the law, and the state can help victims of trafficking.
124	124	You have the right to a telephone in a private room to contact any
125	125	local law enforcement agency to receive protection from any actual
126	126	or threatened physical abuse or violence. Texas law prohibits a
127	127	physician from performing an abortion, including inducing,
128	128	prescribing for, or otherwise providing the means for an abortion,
129	129	unless you give your voluntary and informed consent without
130	130	coercion or force. Texas law also prohibits a physician from
131	131	performing an abortion against your will.".
132	132	(b) The sign described by Subsection (a) must:
133	133	(1) be printed with lettering that is legible and in at
134	134	least two-inch boldfaced type;
135	135	(2) be printed and posted in both English and Spanish,
136	136	as well as any language other than English or Spanish if it is
137	137	likely that a substantial number of the residents in the area speak
138	138	a language other than English or Spanish as their primary language;
139	139	and
140	140	(3) include the telephone number for the National
141	141	Domestic Violence Hotline.
142	142	(c) An office or facility at which abortions are performed
143	143	shall conspicuously post the sign described by Subsection (a) in a
144	144	location in which each patient will be able to view the sign while
145	145	the patient is alone.
146	146	(d) If requested by a patient, the office or facility shall
147	147	provide the patient:
148	148	(1) a paper copy of the sign described by Subsection
149	149	(a) in the language preferred by the patient; and
150	150	(2) access to a telephone in a private room.
151	151	SECTION 4. (a) As soon as practicable after the effective
152	152	date of this Act, the Department of State Health Services shall:
153	153	(1) develop and make available:
154	154	(A) the coerced abortion form required by
155	155	Subchapter B, Chapter 171, Health and Safety Code, as amended by
156	156	this Act, along with instructions for completing the form; and
157	157	(B) the sign required by Section 171.023, Health
158	158	and Safety Code, as added by this Act; and
159	159	(2) revise the informational materials under Section
160	160	171.015, Health and Safety Code, as amended by this Act.
161	161	(b) The executive commissioner of the Health and Human
162	162	Services Commission may identify rules required by the passage of
163	163	this Act that must be adopted on an emergency basis and may use the
164	164	procedures established under Section 2001.034, Government Code,
165	165	for adopting those rules. The executive commissioner is not
166	166	required to make the finding described by Section 2001.034(a),
167	167	Government Code, to adopt emergency rules under this subsection.
168	168	(c) A physician or other person subject to the requirements
169	169	of Sections 171.019, 171.020, 171.021, 171.022, and 171.023, Health
170	170	and Safety Code, as added by this Act, is not required to provide,
171	171	use, or retain the coerced abortion form under Section 171.019 or
172	172	171.020, Health and Safety Code, as added by this Act, or post the
173	173	sign required under Section 171.023, Health and Safety Code, as
174	174	added by this Act, before the Department of State Health Services
175	175	develops and makes available the form and the sign.
176	176	(d) A physician is not criminally liable under Section
177	177	171.018, Health and Safety Code, for failing to provide updated
178	178	informational materials under Section 171.015, Health and Safety
179	179	Code, as amended by this Act, failing to provide, use, or retain the
180	180	coerced abortion form under Section 171.019 or 171.020, Health and
181	181	Safety Code, as added by this Act, or failing to post the sign
182	182	required under Section 171.023, Health and Safety Code, as added by
183	183	this Act, before the Department of State Health Services develops
184	184	and makes available the revised informational materials, the form,
185	185	or the sign.
186	186	SECTION 5. This Act takes effect immediately if it receives
187	187	a vote of two-thirds of all the members elected to each house, as
188	188	provided by Section 39, Article III, Texas Constitution. If this
189	189	Act does not receive the vote necessary for immediate effect, this
190	190	Act takes effect September 1, 2017.