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