LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION April 15, 2021 TO: Honorable Stephanie Klick, Chair, Senate Committee on Public Health FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB8 by Hughes (Relating to abortion, including abortions after detection of an unborn child's heartbeat; authorizing a private civil right of action.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would prohibit a physician from knowingly performing or inducing an abortion if the physician has determined there is a detectable fetal heartbeat or failing to perform a test to detect a fetal heartbeat. The physician would be required to use a test to determine a fetal heartbeat. The physician would not be required to record certain information if a physician believes a medical emergency exists that prevents compliance with the provisions of the bill. If a physician performs or induces an abortion under medical emergency circumstances, the physician would be required to make written notations in the pregnant woman's medical record. The physician would also be required to maintain a copy of a document in the physician's practice records. In a existing monthly report that a physician must provide to the Health and Human Services Commission (HHSC), the physician would be required to report whether an abortion was performed or induced because of a medical emergency and any medical condition of the pregnant woman that required the abortion and whether the physician performed or induced the abortion under medical emergency circumstances.The bill would allow for private civil enforcement actions by any person, other than an officer or employee of a state or local governmental entity in this state, in response to violations of the provisions of the bill. HHSC and the Texas Medical Board indicated that any cost to implement provisions of the bill would be minimal and can be absorbed within available resources. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 503 Texas Medical Board, 529 Hlth & Human Svcs Comm LBB Staff: b > td > JMc, AKI, JLI, LBO, SMAT
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 15, 2021
TO: Honorable Stephanie Klick, Chair, Senate Committee on Public Health FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB8 by Hughes (Relating to abortion, including abortions after detection of an unborn child's heartbeat; authorizing a private civil right of action.), As Engrossed
TO: Honorable Stephanie Klick, Chair, Senate Committee on Public Health
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB8 by Hughes (Relating to abortion, including abortions after detection of an unborn child's heartbeat; authorizing a private civil right of action.), As Engrossed
Honorable Stephanie Klick, Chair, Senate Committee on Public Health
Honorable Stephanie Klick, Chair, Senate Committee on Public Health
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB8 by Hughes (Relating to abortion, including abortions after detection of an unborn child's heartbeat; authorizing a private civil right of action.), As Engrossed
SB8 by Hughes (Relating to abortion, including abortions after detection of an unborn child's heartbeat; authorizing a private civil right of action.), As Engrossed
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would prohibit a physician from knowingly performing or inducing an abortion if the physician has determined there is a detectable fetal heartbeat or failing to perform a test to detect a fetal heartbeat. The physician would be required to use a test to determine a fetal heartbeat. The physician would not be required to record certain information if a physician believes a medical emergency exists that prevents compliance with the provisions of the bill. If a physician performs or induces an abortion under medical emergency circumstances, the physician would be required to make written notations in the pregnant woman's medical record. The physician would also be required to maintain a copy of a document in the physician's practice records. In a existing monthly report that a physician must provide to the Health and Human Services Commission (HHSC), the physician would be required to report whether an abortion was performed or induced because of a medical emergency and any medical condition of the pregnant woman that required the abortion and whether the physician performed or induced the abortion under medical emergency circumstances.The bill would allow for private civil enforcement actions by any person, other than an officer or employee of a state or local governmental entity in this state, in response to violations of the provisions of the bill. HHSC and the Texas Medical Board indicated that any cost to implement provisions of the bill would be minimal and can be absorbed within available resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 503 Texas Medical Board, 529 Hlth & Human Svcs Comm
503 Texas Medical Board, 529 Hlth & Human Svcs Comm
LBB Staff: b > td > JMc, AKI, JLI, LBO, SMAT
JMc, AKI, JLI, LBO, SMAT