Texas 2021 - 87th Regular

Texas Senate Bill SB1146 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Perry, et al. S.B. No. 1146
	2	+	(In the Senate - Filed March 8, 2021; March 18, 2021, read
	3	+	first time and referred to Committee on Health & Human Services;
	4	+	April 19, 2021, reported favorably by the following vote: Yeas 5,
	5	+	Nays 3; April 19, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to abortion reporting and exemptions to abortion facility
7	12		licensing; creating a criminal offense.
8	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	14		SECTION 1. Subchapter A, Chapter 171, Health and Safety
10	15		Code, is amended by adding Section 171.008 to read as follows:
11	16		Sec. 171.008. REPORTING REQUIREMENTS FOR ABORTIONS
12	17		PERFORMED OUTSIDE ABORTION FACILITY; CRIMINAL OFFENSE. (a) A
13	18		physician who performs an abortion at a location other than an
14	19		abortion facility licensed under Chapter 245 must complete and
15	20		submit a monthly report to the commission on each abortion
16	21		performed by the physician. The report must be submitted on a form
17	22		provided by the commission.
18	23		(b) The report may not identify by any means the patient.
19	24		(c) The report must include:
20	25		(1) the type of facility at which the abortion was
21	26		performed and the licensing status of that facility;
22	27		(2) the patient's year of birth, race, marital status,
23	28		and state and county of residence;
24	29		(3) the type of abortion procedure performed;
25	30		(4) the date the abortion was performed;
26	31		(5) whether the patient survived the abortion, and if
27	32		the patient did not survive, the cause of death;
28	33		(6) the probable post-fertilization age of the unborn
29	34		child based on the best medical judgment of the attending physician
30	35		at the time of the procedure;
31	36		(7) the date, if known, of the patient's last menstrual
32	37		cycle;
33	38		(8) the number of previous live births of the patient;
34	39		(9) the number of previous induced abortions of the
35	40		patient; and
36	41		(10) the county in which the abortion was performed.
37	42		(d) All information and records held by the commission under
38	43		this section are confidential and are not open records for the
39	44		purposes of Chapter 552, Government Code. That information may not
40	45		be released or made public on subpoena or otherwise, except that
41	46		release may be made:
42	47		(1) for statistical purposes, but only if a person,
43	48		patient, or physician performing an abortion is not identified;
44	49		(2) with the consent of each person, patient, and
45	50		physician identified in the information released;
46	51		(3) to medical personnel, appropriate state agencies,
47	52		or county and district courts to enforce this chapter; or
48	53		(4) to appropriate state licensing boards to enforce
49	54		state licensing laws.
50	55		(e) A person commits an offense if the person violates
51	56		Subsection (b), (c), or (d). An offense under this subsection is a
52	57		Class A misdemeanor.
53	58		(f) Not later than the 15th day of each month, a physician
54	59		shall submit to the commission the report required by this section
55	60		for each abortion performed by the physician at a location other
56	61		than an abortion facility in the preceding calendar month.
57	62		(g) The commission shall establish and maintain a secure
58	63		electronic reporting system for the submission of the reports
59	64		required by this section. The commission shall adopt procedures to
60	65		enforce this section and to ensure that only physicians who perform
61	66		one or more abortions during the preceding calendar month are
62	67		required to file the reports under this section for that month.
63	68		SECTION 2. Section 245.004, Health and Safety Code, as
64	69		amended by Chapters 198 (H.B. 2292) and 999 (H.B. 15), Acts of the
65	70		78th Legislature, Regular Session, 2003, is reenacted and amended
66	71		to read as follows:
67	72		Sec. 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT. (a)
68	73		The following facilities need not be licensed under this chapter:
69	74		(1) a hospital licensed under Chapter 241 (Texas
70	75		Hospital Licensing Law); [or]
71	76		(2) the office of a physician licensed under Subtitle
72	77		B, Title 3, Occupations Code, unless the office is used
73	78		substantially for the purpose of performing [more than 50]
74	79		abortions; or
75	80		(3) an ambulatory surgical center licensed under
76	81		Chapter 243.
77	82		(b) For purposes of this section, a facility is used
78	83		substantially for the purpose of performing abortions if the
79	84		facility:
80	85		(1) is a provider for performing:
81	86		(A) at least five [10] abortion procedures during
82	87		any month; or
83	88		(B) at least 50 [100] abortion procedures in a
84	89		12-month period [year];
85	90		(2) operates less than 20 days in a month and the
86	91		facility, in any month, is a provider for performing a number of
87	92		abortion procedures that would be equivalent to at least five [10]
88	93		procedures in a month if the facility were operating at least 20
89	94		days in a month;
90	95		(3) holds itself out to the public as an abortion
91	96		provider by advertising by any public means, including advertising
92	97		placed in a newspaper, telephone directory, magazine, or electronic
93	98		medium, that the facility performs abortions; or
94	99		(4) applies for an abortion facility license.
95	100		(b-1) In computing the number of abortions performed for
96	101		purposes of Subsections (b)(1) and (2), an abortion performed in
97	102		accordance with Section 245.016 is not included.
98	103		(c) For purposes of this section, an abortion facility is
99	104		operating if the facility is open for any period of time during a
100	105		day and has on site at the facility or on call a physician available
101	106		to perform abortions.
102	107		SECTION 3. Section 245.011(c), Health and Safety Code, is
103	108		amended to read as follows:
104	109		(c) The report must include:
105	110		(1) whether the abortion facility at which the
106	111		abortion is performed is licensed under this chapter;
107	112		(2) the patient's year of birth, race, marital status,
108	113		and state and county of residence;
109	114		(3) the type of abortion procedure performed;
110	115		(4) the date the abortion was performed;
111	116		(5) whether the patient survived the abortion, and if
112	117		the patient did not survive, the cause of death;
113	118		(6) the probable post-fertilization age of the unborn
114	119		child based on the best medical judgment of the attending physician
115	120		at the time of the procedure;
116	121		(7) the date, if known, of the patient's last menstrual
117	122		cycle;
118	123		(8) the number of previous live births of the patient;
119	124		[and]
120	125		(9) the number of previous induced abortions of the
121	126		patient; and
122	127		(10) the county in which the abortion was performed.
123	128		SECTION 4. Section 245.002, Health and Safety Code, is
124	129		amended by adding Subdivision (3) to read as follows:
125	130		(3) "Commission" means the Health and Human Services
126	131		Commission.
127	132		SECTION 5. Section 245.0116, Health and Safety Code, is
128	133		amended to read as follows:
129	134		Sec. 245.0116. COMMISSION [DEPARTMENT] REPORT. (a) The
130	135		commission [department] shall publish on its Internet website a
131	136		monthly report containing aggregate data of the information in the
132	137		reports submitted under Sections 171.008 and [Section] 245.011.
133	138		The report must specify the number of abortions performed in each
134	139		county during the reporting period.
135	140		(b) The commission's [department's] monthly report may not
136	141		identify by any means an abortion facility, a physician performing
137	142		the abortion, or a patient.
138	143		SECTION 6. The changes in law made by this Act apply only to
139	144		an abortion performed on or after the effective date of this Act.
140	145		SECTION 7. This Act takes effect September 1, 2021.
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