Texas 2021 - 87th Regular

Texas House Bill HB2727 Compare Versions

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

Old	New	Differences
1	1	87R9385 SCL-F
2	2	By: Hefner H.B. No. 2727
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to voluntary and informed consent to an abortion.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 171.012(a), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(a) Consent to an abortion is voluntary and informed only
12	12	if:
13	13	(1) the physician who is to perform the abortion
14	14	informs the pregnant woman on whom the abortion is to be performed
15	15	of:
16	16	(A) the physician's name;
17	17	(B) the particular medical risks associated with
18	18	the particular abortion procedure to be employed, including, when
19	19	medically accurate:
20	20	(i) the risks of infection and hemorrhage;
21	21	(ii) the potential danger to a subsequent
22	22	pregnancy and of infertility; and
23	23	(iii) the possibility of increased risk of
24	24	breast cancer following an induced abortion and the natural
25	25	protective effect of a completed pregnancy in avoiding breast
26	26	cancer;
27	27	(C) the probable gestational age of the unborn
28	28	child at the time the abortion is to be performed; and
29	29	(D) the medical risks associated with carrying
30	30	the child to term;
31	31	(2) the physician who is to perform the abortion or the
32	32	physician's agent informs the pregnant woman that:
33	33	(A) medical assistance benefits may be available
34	34	for prenatal care, childbirth, and neonatal care;
35	35	(B) the father is liable for assistance in the
36	36	support of the child without regard to whether the father has
37	37	offered to pay for the abortion; [and]
38	38	(C) public and private agencies provide
39	39	pregnancy prevention counseling and medical referrals for
40	40	obtaining pregnancy prevention medications or devices, including
41	41	emergency contraception for victims of rape or incest; and
42	42	(D) a person commits a criminal offense if the
43	43	person causes or threatens bodily injury to a pregnant woman to
44	44	force the woman to have an abortion;
45	45	(3) the physician who is to perform the abortion or the
46	46	physician's agent:
47	47	(A) provides the pregnant woman with the printed
48	48	materials described by Section 171.014; and
49	49	(B) informs the pregnant woman that those
50	50	materials:
51	51	(i) have been provided by the Department of
52	52	State Health Services;
53	53	(ii) are accessible on an Internet website
54	54	sponsored by the department;
55	55	(iii) describe the unborn child and list
56	56	agencies that offer alternatives to abortion; and
57	57	(iv) include a list of agencies that offer
58	58	sonogram services at no cost to the pregnant woman;
59	59	(4) before any sedative or anesthesia is administered
60	60	to the pregnant woman and at least 24 hours before the abortion or
61	61	at least two hours before the abortion if the pregnant woman waives
62	62	this requirement by certifying that she currently lives 100 miles
63	63	or more from the nearest abortion provider that is a facility
64	64	licensed under Chapter 245 or a facility that performs more than 50
65	65	abortions in any 12-month period:
66	66	(A) the physician who is to perform the abortion
67	67	or an agent of the physician who is also a sonographer certified by
68	68	a national registry of medical sonographers performs a sonogram on
69	69	the pregnant woman on whom the abortion is to be performed;
70	70	(B) the physician who is to perform the abortion
71	71	displays the sonogram images in a quality consistent with current
72	72	medical practice in a manner that the pregnant woman may view them;
73	73	(C) the physician who is to perform the abortion
74	74	provides, in a manner understandable to a layperson, a verbal
75	75	explanation of the results of the sonogram images, including a
76	76	medical description of the dimensions of the embryo or fetus, the
77	77	presence of cardiac activity, and the presence of external members
78	78	and internal organs; and
79	79	(D) the physician who is to perform the abortion
80	80	or an agent of the physician who is also a sonographer certified by
81	81	a national registry of medical sonographers makes audible the heart
82	82	auscultation for the pregnant woman to hear, if present, in a
83	83	quality consistent with current medical practice and provides, in a
84	84	manner understandable to a layperson, a simultaneous verbal
85	85	explanation of the heart auscultation;
86	86	(5) before receiving a sonogram under Subdivision
87	87	(4)(A) and before the abortion is performed and before any sedative
88	88	or anesthesia is administered, the pregnant woman completes and
89	89	certifies with her signature an election form that states as
90	90	follows:
91	91	"ABORTION AND SONOGRAM ELECTION
92	92	(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY
93	93	SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN
94	94	PROVIDED AND EXPLAINED TO ME.
95	95	(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN
96	96	ABORTION.
97	97	(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR
98	98	TO RECEIVING AN ABORTION.
99	99	(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE
100	100	SONOGRAM IMAGES.
101	101	(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE
102	102	HEARTBEAT.
103	103	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN
104	104	EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO
105	105	ONE OF THE FOLLOWING:
106	106	___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT,
107	107	INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN
108	108	REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN
109	109	REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT
110	110	RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
111	111	___ I AM A MINOR AND OBTAINING AN ABORTION IN ACCORDANCE
112	112	WITH JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS FAMILY
113	113	CODE.
114	114	___ MY FETUS HAS AN IRREVERSIBLE MEDICAL CONDITION OR
115	115	ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC PROCEDURES AND
116	116	DOCUMENTED IN MY MEDICAL FILE.
117	117	(7) I UNDERSTAND THAT A PERSON VIOLATES THE TEXAS
118	118	PENAL CODE BY CAUSING OR THREATENING BODILY INJURY TO A PREGNANT
119	119	WOMAN TO FORCE THE WOMAN TO HAVE AN ABORTION AND THAT I HAVE A RIGHT
120	120	TO CONTACT ANY LOCAL OR STATE LAW ENFORCEMENT AGENCY TO RECEIVE
121	121	PROTECTION FROM ANY ACTUAL OR THREATENED PHYSICAL ABUSE OR
122	122	VIOLENCE, WHICH IS CONDUCT CLASSIFIED AS AN ASSAULT UNDER THE TEXAS
123	123	PENAL CODE.
124	124	(8) [(7)] I AM MAKING THIS ELECTION OF MY OWN FREE WILL
125	125	AND WITHOUT COERCION.
126	126	(9) [(8)] FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM
127	127	THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER
128	128	CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS IN
129	129	ANY 12-MONTH PERIOD ONLY:
130	130	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR
131	131	MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED
132	132	UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS
133	133	IN ANY 12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS
134	134	AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE ABORTION
135	135	PROCEDURE. MY PLACE OF RESIDENCE IS:__________.
136	136	____________________
137	137	____________________
138	138	SIGNATURE DATE";
139	139	(6) before the abortion is performed, the physician
140	140	who is to perform the abortion receives a copy of the signed,
141	141	written certification required by Subdivision (5); and
142	142	(7) the pregnant woman is provided the name of each
143	143	person who provides or explains the information required under this
144	144	subsection.
145	145	SECTION 2. Sections 171.014(a) and (f), Health and Safety
146	146	Code, are amended to read as follows:
147	147	(a) The department shall publish informational materials
148	148	that include:
149	149	(1) the information required to be provided under
150	150	Sections 171.012(a)(1)(B) and (D) and (a)(2)(A), (B), [and] (C),
151	151	and (D); and
152	152	(2) the materials required by Sections 171.015 and
153	153	171.016.
154	154	(f) In addition to any other organization or entity, the
155	155	department shall use the American College of Obstetricians and
156	156	Gynecologists as the resource in developing information required to
157	157	be provided under Sections 171.012(a)(1)(B) and (D), Sections
158	158	171.012(a)(2)(A), (B), [and] (C), and (D), and Section 171.016, and
159	159	in maintaining the department's Internet website.
160	160	SECTION 3. (a) By not later than December 1, 2021, the
161	161	Health and Human Services Commission shall:
162	162	(1) revise the informational materials the commission
163	163	is required to publish under Section 171.014, Health and Safety
164	164	Code, as amended by this Act; and
165	165	(2) make the materials available for distribution.
166	166	(b) The changes in law made by this Act apply only to the
167	167	information a physician is required to provide under Section
168	168	171.012, Health and Safety Code, as amended by this Act, on or after
169	169	January 1, 2022.
170	170	SECTION 4. This Act takes effect September 1, 2021.