Texas 2019 - 86th Regular

Texas House Bill HB249 Compare Versions

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

Old	New	Differences
1	1	86R1865 LED-F
2	2	By: Farrar H.B. No. 249
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the waiting period before a physician may perform an
8	8	abortion.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 171.012(a) and (b), Health and Safety
11	11	Code, are amended to read as follows:
12	12	(a) Consent to an abortion is voluntary and informed only
13	13	if:
14	14	(1) the physician who is to perform the abortion
15	15	informs the pregnant woman on whom the abortion is to be performed
16	16	of:
17	17	(A) the physician's name;
18	18	(B) the particular medical risks associated with
19	19	the particular abortion procedure to be employed, including, when
20	20	medically accurate:
21	21	(i) the risks of infection and hemorrhage;
22	22	(ii) the potential danger to a subsequent
23	23	pregnancy and of infertility; and
24	24	(iii) the possibility of increased risk of
25	25	breast cancer following an induced abortion and the natural
26	26	protective effect of a completed pregnancy in avoiding breast
27	27	cancer;
28	28	(C) the probable gestational age of the unborn
29	29	child at the time the abortion is to be performed; and
30	30	(D) the medical risks associated with carrying
31	31	the child to term;
32	32	(2) the physician who is to perform the abortion or the
33	33	physician's agent informs the pregnant woman that:
34	34	(A) medical assistance benefits may be available
35	35	for prenatal care, childbirth, and neonatal care;
36	36	(B) the father is liable for assistance in the
37	37	support of the child without regard to whether the father has
38	38	offered to pay for the abortion; and
39	39	(C) public and private agencies provide
40	40	pregnancy prevention counseling and medical referrals for
41	41	obtaining pregnancy prevention medications or devices, including
42	42	emergency contraception for victims of rape or incest;
43	43	(3) the physician who is to perform the abortion or the
44	44	physician's agent:
45	45	(A) provides the pregnant woman with the
46	46	printed materials described by Section 171.014; and
47	47	(B) informs the pregnant woman that those
48	48	materials:
49	49	(i) have been provided by the Department of
50	50	State Health Services;
51	51	(ii) are accessible on an Internet website
52	52	sponsored by the department;
53	53	(iii) describe the unborn child and list
54	54	agencies that offer alternatives to abortion; and
55	55	(iv) include a list of agencies that offer
56	56	sonogram services at no cost to the pregnant woman;
57	57	(4) before any sedative or anesthesia is administered
58	58	to the pregnant woman and [at least 24 hours] before the abortion is
59	59	performed [or at least two hours before the abortion if the pregnant
60	60	woman waives this requirement by certifying that she currently
61	61	lives 100 miles or more from the nearest abortion provider that is a
62	62	facility licensed under Chapter 245 or a facility that performs
63	63	more than 50 abortions in any 12-month period]:
64	64	(A) the physician who is to perform the abortion
65	65	or an agent of the physician who is also a sonographer certified by
66	66	a national registry of medical sonographers performs a sonogram on
67	67	the pregnant woman on whom the abortion is to be performed;
68	68	(B) the physician who is to perform the abortion
69	69	displays the sonogram images in a quality consistent with current
70	70	medical practice in a manner that the pregnant woman may view them;
71	71	(C) the physician who is to perform the abortion
72	72	provides, in a manner understandable to a layperson, a verbal
73	73	explanation of the results of the sonogram images, including a
74	74	medical description of the dimensions of the embryo or fetus, the
75	75	presence of cardiac activity, and the presence of external members
76	76	and internal organs; and
77	77	(D) the physician who is to perform the abortion
78	78	or an agent of the physician who is also a sonographer certified by
79	79	a national registry of medical sonographers makes audible the heart
80	80	auscultation for the pregnant woman to hear, if present, in a
81	81	quality consistent with current medical practice and provides, in a
82	82	manner understandable to a layperson, a simultaneous verbal
83	83	explanation of the heart auscultation;
84	84	(5) before receiving a sonogram under Subdivision
85	85	(4)(A) and before the abortion is performed and before any sedative
86	86	or anesthesia is administered, the pregnant woman completes and
87	87	certifies with her signature an election form that states as
88	88	follows:
89	89	"ABORTION AND SONOGRAM ELECTION
90	90	(1) THE INFORMATION AND PRINTED MATERIALS
91	91	DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
92	92	AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
93	93	ME.
94	94	(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF
95	95	AN ABORTION.
96	96	(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM
97	97	PRIOR TO RECEIVING AN ABORTION.
98	98	(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW
99	99	THE SONOGRAM IMAGES.
100	100	(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR
101	101	THE HEARTBEAT.
102	102	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO
103	103	HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
104	104	CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
105	105	___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT,
106	106	INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT
107	107	HAS BEEN REPORTED TO LAW ENFORCEMENT AUTHORITIES OR
108	108	THAT HAS NOT BEEN REPORTED BECAUSE I REASONABLY
109	109	BELIEVE THAT DOING SO WOULD PUT ME AT RISK OF
110	110	RETALIATION RESULTING IN SERIOUS BODILY INJURY.
111	111	___ I AM A MINOR AND OBTAINING AN ABORTION IN
112	112	ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
113	113	CHAPTER 33, TEXAS FAMILY CODE.
114	114	___ MY FETUS HAS AN IRREVERSIBLE MEDICAL
115	115	CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
116	116	DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL
117	117	FILE.
118	118	(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL
119	119	AND WITHOUT COERCION.
120	120	[(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM
121	121	THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
122	122	LICENSED UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS
123	123	MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
124	124	[I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100
125	125	MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT
126	126	IS A FACILITY LICENSED UNDER CHAPTER 245 OR A FACILITY
127	127	THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH
128	128	PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS AFTER
129	129	THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE
130	130	ABORTION PROCEDURE. MY PLACE OF RESIDENCE
131	131	IS:__________.]
132	132	____________________ ____________________
133	133	SIGNATURE DATE";
134	134	(6) before the abortion is performed, the physician
135	135	who is to perform the abortion receives a copy of the signed,
136	136	written certification required by Subdivision (5); and
137	137	(7) the pregnant woman is provided the name of each
138	138	person who provides or explains the information required under this
139	139	subsection.
140	140	(b) The information required to be provided under
141	141	Subsections (a)(1) and (2) may not be provided by audio or video
142	142	recording and must be provided, [at least 24 hours] before the
143	143	abortion is to be performed,[:
144	144	[(1)] orally and in person in a private and
145	145	confidential setting [if the pregnant woman currently lives less
146	146	than 100 miles from the nearest abortion provider that is a facility
147	147	licensed under Chapter 245 or a facility that performs more than 50
148	148	abortions in any 12-month period; or
149	149	[(2) orally by telephone or in person in a private and
150	150	confidential setting if the pregnant woman certifies that the woman
151	151	currently lives 100 miles or more from the nearest abortion
152	152	provider that is a facility licensed under Chapter 245 or a facility
153	153	that performs more than 50 abortions in any 12-month period].
154	154	SECTION 2. Section 171.013(a), Health and Safety Code, is
155	155	amended to read as follows:
156	156	(a) The physician or the physician's agent shall furnish
157	157	copies of the materials described by Section 171.014 to the
158	158	pregnant woman [at least 24 hours] before the abortion is [to be]
159	159	performed and shall direct the pregnant woman to the Internet
160	160	website required to be published under Section 171.014(e). The
161	161	physician or the physician's agent may furnish the materials to the
162	162	pregnant woman by mail if the materials are mailed, restricted
163	163	delivery to addressee, at least 72 hours before the abortion is to
164	164	be performed.
165	165	SECTION 3. Section 171.017, Health and Safety Code, is
166	166	repealed.
167	167	SECTION 4. The change in law made by this Act applies only
168	168	to an abortion performed on or after the effective date of this Act.
169	169	An abortion performed before the effective date of this Act is
170	170	governed by the law in effect on the date the abortion is performed,
171	171	and that law continues in effect for that purpose.
172	172	SECTION 5. This Act takes effect immediately if it receives
173	173	a vote of two-thirds of all the members elected to each house, as
174	174	provided by Section 39, Article III, Texas Constitution. If this
175	175	Act does not receive the vote necessary for immediate effect, this
176	176	Act takes effect September 1, 2019.