Texas 2017 - 85th Regular

Texas House Bill HB3718 Compare Versions

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

Old	New	Differences
1	1	85R13181 JG-F
2	2	By: Farrar H.B. No. 3718
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain limited service pregnancy
8	8	resource centers.
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 173 to read as follows:
12	12	CHAPTER 173. LIMITED SERVICE PREGNANCY RESOURCE CENTERS
13	13	Sec. 173.001. DEFINITIONS. In this chapter:
14	14	(1) "Comprehensive birth control services" means all
15	15	drugs and medical devices that have been approved by the United
16	16	States Food and Drug Administration for birth control.
17	17	(2) "Limited service pregnancy resource center" means
18	18	an organization, including a pregnancy counseling organization,
19	19	crisis pregnancy center, pregnancy care center, or pregnancy
20	20	support center, that for a fee or free of charge provides pregnancy
21	21	counseling or information but:
22	22	(A) does not perform abortions or make referrals
23	23	to an abortion provider;
24	24	(B) does not provide or make referrals for
25	25	comprehensive birth control services;
26	26	(C) is not licensed or certified by this state or
27	27	the federal government to provide medical or health care services;
28	28	and
29	29	(D) is not required to have a physician under
30	30	contract to provide or directly supervise all health care services
31	31	provided by the organization.
32	32	Sec. 173.002. APPLICABILITY OF CHAPTER. This chapter
33	33	applies only to a limited service pregnancy resource center that
34	34	meets at least two of the following criteria:
35	35	(1) the center offers to pregnant women:
36	36	(A) obstetric ultrasounds;
37	37	(B) obstetric sonograms; or
38	38	(C) other prenatal care;
39	39	(2) the center offers pregnancy testing or diagnosis;
40	40	(3) the center advertises or solicits consumers to
41	41	provide pregnancy-related services;
42	42	(4) the center has employees or volunteers who collect
43	43	information from consumers;
44	44	(5) the center has employees or volunteers who are not
45	45	licensed physicians or health care practitioners but dress in
46	46	clothing typically associated with a physician or nurse; or
47	47	(6) the center has an examination table.
48	48	Sec. 173.003. DISCLOSURE OF CERTAIN HEALTH CARE
49	49	INFORMATION. A limited service pregnancy resource center may not
50	50	disclose to a third party health care information about a person who
51	51	receives or inquires about receiving services from the center.
52	52	Sec. 173.004. PROHIBITED CONDUCT. A limited service
53	53	pregnancy resource center may not publish in any medium, including
54	54	a newspaper, magazine, pamphlet, billboard, Internet website, or
55	55	other publication, or otherwise disseminate information that the
56	56	center knows or should have known:
57	57	(1) is false or misleading; or
58	58	(2) omits a material fact about the services offered
59	59	or intended to be offered by the center.
60	60	Sec. 173.005. VIOLATION; CIVIL PENALTY. (a) A limited
61	61	service pregnancy resource center that violates this chapter is
62	62	liable to the state for a civil penalty of not less than $250 but not
63	63	more than $20,000 for each violation. The amount shall be based on:
64	64	(1) the seriousness of the violation, including the
65	65	nature, circumstances, extent, and duration of the violation, and
66	66	the good faith of the limited service pregnancy resource center;
67	67	(2) the history of previous violations;
68	68	(3) the amount necessary to deter a future violation;
69	69	and
70	70	(4) any other matter that justice may require.
71	71	(b) The attorney general or a district or county attorney of
72	72	the county in which any part of the violation is alleged to have
73	73	occurred may sue in the name of the state to collect a civil penalty
74	74	under this section. The suit must be brought in Travis County or
75	75	the county in which any part of the violation is alleged to have
76	76	occurred. In the suit the attorney general or a district or county
77	77	attorney may recover reasonable expenses incurred in obtaining the
78	78	penalty, including investigation and court costs and reasonable
79	79	attorney's fees.
80	80	(c) The penalties provided by this section are in addition
81	81	to any other penalty provided by law, including Chapter 17,
82	82	Business & Commerce Code.
83	83	(d) Penalties collected under this section shall be
84	84	deposited in a fund established by the commission for providing
85	85	grants to human trafficking victims in this state. The fund is a
86	86	trust fund held outside the treasury by the comptroller and
87	87	administered by the commission.
88	88	Sec. 173.006. DECEPTIVE TRADE PRACTICE. A violation of
89	89	Section 173.004 is actionable by a consumer as a deceptive trade
90	90	practice under Subchapter E, Chapter 17, Business & Commerce Code.
91	91	SECTION 2. This Act takes effect September 1, 2017.