| 1 | 1 | | 86R11299 SCL-D |
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| 2 | 2 | | By: Kacal H.B. No. 2735 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to professional liability insurance or bond for certain |
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| 8 | 8 | | physicians performing or inducing an abortion; creating a criminal |
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| 9 | 9 | | offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 171, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 171.0035 to read as follows: |
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| 13 | 13 | | Sec. 171.0035. LIABILITY INSURANCE OR BOND REQUIRED; |
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| 14 | 14 | | CRIMINAL OFFENSE. (a) A physician performing or inducing an |
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| 15 | 15 | | abortion shall maintain professional liability insurance in an |
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| 16 | 16 | | amount of at least $1 million for each occurrence or file with the |
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| 17 | 17 | | commission a bond in an amount of at least $1 million if the |
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| 18 | 18 | | physician performed or induced an average of five or more abortions |
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| 19 | 19 | | per month during the preceding calendar year and: |
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| 20 | 20 | | (1) at least twice during the preceding seven calendar |
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| 21 | 21 | | years was the subject of a civil action arising from an abortion |
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| 22 | 22 | | performed or induced by the physician; |
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| 23 | 23 | | (2) during the preceding seven calendar years has been |
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| 24 | 24 | | disciplined by the Texas Medical Board for unprofessional, |
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| 25 | 25 | | unethical, or negligent conduct arising from an abortion performed |
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| 26 | 26 | | or induced by the physician; or |
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| 27 | 27 | | (3) is employed by or owns an abortion facility |
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| 28 | 28 | | licensed under Chapter 245 that the commission determines has |
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| 29 | 29 | | continued to violate that chapter or a rule adopted under that |
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| 30 | 30 | | chapter after an initial inspection identified the violation. |
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| 31 | 31 | | (b) The insurance or bond required by this section must be |
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| 32 | 32 | | payable to a woman who incurred damages as a result of a |
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| 33 | 33 | | complication from an abortion performed or induced by the physician |
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| 34 | 34 | | who is insured or filed the bond. |
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| 35 | 35 | | (c) A physician who is not in compliance with this section |
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| 36 | 36 | | may not perform or induce an abortion. |
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| 37 | 37 | | (d) A physician who violates this section commits an |
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| 38 | 38 | | offense. An offense under this section is a Class A misdemeanor |
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| 39 | 39 | | punishable by a fine only, in an amount not to exceed $4,000. |
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| 40 | 40 | | SECTION 2. The change in law made by this Act applies only |
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| 41 | 41 | | to an abortion performed or induced on or after January 1, 2020. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2019. |
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