Texas 2019 - 86th Regular

Texas Senate Bill SB2243 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Paxton, et al. S.B. No. 2243
	2	+	(In the Senate - Filed March 8, 2019; March 21, 2019, read
	3	+	first time and referred to Committee on Health & Human Services;
	4	+	April 25, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 3; April 25, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2243 By: Perry
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to required counseling before an abortion is performed.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Subchapter B, Chapter 171, Health and Safety
9	16		Code, is amended by adding Section 171.01205 to read as follows:
10	17		Sec. 171.01205. PRE-ABORTION COUNSELING REQUIRED. (a) In
11	18		addition to the informed consent requirements under Section
12	19		171.012, except during a medical emergency, and before the abortion
13	20		is performed, the physician who is to perform an abortion shall
14	21		certify using a unique identifying number, devoid of personally
15	22		identifying information of the pregnant woman on whom the abortion
16	23		is to be performed, that:
17	24		(1) the pregnant woman received pre-abortion
18	25		counseling at no cost to the pregnant woman from a counselor who:
19	26		(A) meets the qualifications established by
20	27		commission rule;
21	28		(B) is not employed by, is not contracted with,
22	29		and does not have a pecuniary interest in a facility licensed under
23		-	Chapter 245;
	30	+	Chapter 245; and
24	31		(C) is authorized under a contract with the
25	32		commission to provide counseling services in accordance with this
26		-	subsection; and
27		-	(D) provides the certification described by
28		-	Subdivision (3) not later than one business day or as soon as
29		-	practicable after the date of the woman's initial appointment with
30		-	the counselor;
	33	+	subsection;
31	34		(2) the counselor provided the pregnant woman in
32	35		accordance with commission rules:
33	36		(A) medically accurate information using the
34	37		informational materials described by Section 171.014;
35	38		(B) an assessment of and offer of assistance in
36	39		obtaining support services other than abortion that the pregnant
37	40		woman may need or be eligible for, including housing, employment,
38	41		resume development, child care, medical care, adoption services,
39	42		and health benefit plan coverage;
40	43		(C) education on available state and local
41	44		resources to address the pregnant woman's socioeconomic needs; and
42	45		(D) screening for family violence, coercion of
43	46		abortion, and human trafficking; and
44	47		(3) the counselor certified using a unique identifying
45	48		number, devoid of personally identifying information of the
46	49		pregnant woman, that the pregnant woman completed the counseling.
47	50		(b) A counselor described by Subsection (a) shall report to
48	51		the commission de-identified demographic information obtained
49	52		through counseling provided under that subsection to assist the
50	53		commission in determining the supply and demand of social services
51	54		in the pregnant woman's geographic region.
52	55		SECTION 2. Section 171.0121, Health and Safety Code, is
53	56		amended to read as follows:
54	57		Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion
55	58		begins, a copy of the signed, written certification received by the
56	59		physician under Section 171.012(a)(6) and documentation of the
57	60		completed counseling required under Section 171.01205 must be
58	61		placed in the pregnant woman's medical records.
59	62		(b) A copy of the signed, written certification required
60	63		under Sections 171.012(a)(5) and (6) and documentation of the
61	64		completed counseling required under Section 171.01205 shall be
62	65		retained by the facility where the abortion is performed until:
63	66		(1) the seventh anniversary of the date it is signed;
64	67		or
65	68		(2) if the pregnant woman is a minor, the later of:
66	69		(A) the seventh anniversary of the date it is
67	70		signed; or
68	71		(B) the woman's 21st birthday.
69	72		SECTION 3. (a) Notwithstanding Section 171.01205, Health
70	73		and Safety Code, as added by this Act, and Section 171.0121, Health
71	74		and Safety Code, as amended by this Act, a physician is not required
72	75		to comply with the changes in law made by this Act before March 1,
73	76		2021.
74	77		(b) Not later than December 1, 2020, the executive
75	78		commissioner of the Health and Human Services Commission shall
76	79		adopt rules as necessary to implement this Act.
77	80		(c) Not later than March 1, 2021, the Health and Human
78	81		Services Commission shall contract with one or more counseling
79	82		providers throughout the state to provide the services described by
80	83		Section 171.01205, Health and Safety Code, as added by this Act.
81	84		SECTION 4. The changes in law made by this Act apply only to
82	85		an abortion performed on or after March 1, 2021. An abortion
83	86		performed before March 1, 2021, is governed by the law applicable to
84	87		the abortion immediately before the effective date of this Act, and
85	88		that law is continued in effect for that purpose.
86	89		SECTION 5. It is the intent of the legislature that every
87	90		provision, section, subsection, sentence, clause, phrase, or word
88	91		in this Act, and every application of the provisions in this Act to
89	92		each person or entity, are severable from each other. If any
90	93		application of any provision in this Act to any person, group of
91	94		persons, or circumstances is found by a court to be invalid for any
92	95		reason, the remaining applications of that provision to all other
93	96		persons and circumstances shall be severed and may not be affected.
94	97		SECTION 6. The Health and Human Services Commission is
95	98		required to implement a provision of this Act only if the
96	99		legislature appropriates money specifically for that purpose. If
97	100		the legislature does not appropriate money specifically for that
98	101		purpose, the commission may, but is not required to, implement a
99	102		provision of this Act using other appropriations available for that
100	103		purpose.
101	104		SECTION 7. This Act takes effect September 1, 2019.
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