Texas 2021 - 87th 1st C.S.

Texas Senate Bill SB33 Compare Versions

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

Old	New	Differences
1	1	87S10341 SCL-D
2	2	By: Perry S.B. No. 33
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abortion reporting and exemptions to abortion facility
8	8	licensing; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 171, Health and Safety
11	11	Code, is amended by adding Section 171.009 to read as follows:
12	12	Sec. 171.009. REPORTING REQUIREMENTS FOR ABORTIONS
13	13	PERFORMED OUTSIDE ABORTION FACILITY; CRIMINAL OFFENSE. (a) A
14	14	physician who performs an abortion at a location other than an
15	15	abortion facility licensed under Chapter 245 must complete and
16	16	submit a monthly report to the commission on each abortion
17	17	performed by the physician. The report must be submitted on a form
18	18	provided by the commission.
19	19	(b) The report may not identify by any means the patient.
20	20	(c) The report must include:
21	21	(1) the type of facility at which the abortion was
22	22	performed and the licensing status of that facility;
23	23	(2) the patient's year of birth, race, marital status,
24	24	and state and county of residence;
25	25	(3) the type of abortion procedure performed;
26	26	(4) the date the abortion was performed;
27	27	(5) whether the patient survived the abortion, and if
28	28	the patient did not survive, the cause of death;
29	29	(6) the probable post-fertilization age of the unborn
30	30	child based on the best medical judgment of the attending physician
31	31	at the time of the procedure;
32	32	(7) the date, if known, of the patient's last menstrual
33	33	cycle;
34	34	(8) the number of previous live births of the patient;
35	35	(9) the number of previous induced abortions of the
36	36	patient; and
37	37	(10) the county in which the abortion was performed.
38	38	(d) All information and records held by the commission under
39	39	this section are confidential and are not open records for the
40	40	purposes of Chapter 552, Government Code. That information may not
41	41	be released or made public on subpoena or otherwise, except that
42	42	release may be made:
43	43	(1) for statistical purposes, but only if a person,
44	44	patient, or physician performing an abortion is not identified;
45	45	(2) with the consent of each person, patient, and
46	46	physician identified in the information released;
47	47	(3) to medical personnel, appropriate state agencies,
48	48	or county and district courts to enforce this chapter; or
49	49	(4) to appropriate state licensing boards to enforce
50	50	state licensing laws.
51	51	(e) A person commits an offense if the person violates
52	52	Subsection (b), (c), or (d). An offense under this subsection is a
53	53	Class A misdemeanor.
54	54	(f) Not later than the 15th day of each month, a physician
55	55	shall submit to the commission the report required by this section
56	56	for each abortion performed by the physician at a location other
57	57	than an abortion facility in the preceding calendar month.
58	58	(g) The commission shall establish and maintain a secure
59	59	electronic reporting system for the submission of the reports
60	60	required by this section. The commission shall adopt procedures to
61	61	enforce this section and to ensure that only physicians who perform
62	62	one or more abortions during the preceding calendar month are
63	63	required to file the reports under this section for that month.
64	64	SECTION 2. Section 245.004, Health and Safety Code, as
65	65	amended by Chapters 198 (H.B. 2292) and 999 (H.B. 15), Acts of the
66	66	78th Legislature, Regular Session, 2003, is reenacted and amended
67	67	to read as follows:
68	68	Sec. 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT. (a)
69	69	The following facilities need not be licensed under this chapter:
70	70	(1) a hospital licensed under Chapter 241 (Texas
71	71	Hospital Licensing Law); [or]
72	72	(2) the office of a physician licensed under Subtitle
73	73	B, Title 3, Occupations Code, unless the office is used
74	74	substantially for the purpose of performing [more than 50]
75	75	abortions; or
76	76	(3) an ambulatory surgical center licensed under
77	77	Chapter 243.
78	78	(b) For purposes of this section, a facility is used
79	79	substantially for the purpose of performing abortions if the
80	80	facility:
81	81	(1) is a provider for performing:
82	82	(A) at least five [10] abortion procedures during
83	83	any month; or
84	84	(B) at least 50 [100] abortion procedures in a
85	85	12-month period [year];
86	86	(2) operates less than 20 days in a month and the
87	87	facility, in any month, is a provider for performing a number of
88	88	abortion procedures that would be equivalent to at least five [10]
89	89	procedures in a month if the facility were operating at least 20
90	90	days in a month;
91	91	(3) holds itself out to the public as an abortion
92	92	provider by advertising by any public means, including advertising
93	93	placed in a newspaper, telephone directory, magazine, or electronic
94	94	medium, that the facility performs abortions; or
95	95	(4) applies for an abortion facility license.
96	96	(b-1) In computing the number of abortions performed for
97	97	purposes of Subsections (b)(1) and (2), an abortion performed in
98	98	accordance with Section 245.016 is not included.
99	99	(c) For purposes of this section, an abortion facility is
100	100	operating if the facility is open for any period of time during a
101	101	day and has on site at the facility or on call a physician available
102	102	to perform abortions.
103	103	SECTION 3. Section 245.011(c), Health and Safety Code, as
104	104	effective September 1, 2021, is amended to read as follows:
105	105	(c) The report must include:
106	106	(1) whether the abortion facility at which the
107	107	abortion is performed is licensed under this chapter;
108	108	(2) the patient's year of birth, race, marital status,
109	109	and state and county of residence;
110	110	(3) the type of abortion procedure performed;
111	111	(4) the date the abortion was performed;
112	112	(5) whether the patient survived the abortion, and if
113	113	the patient did not survive, the cause of death;
114	114	(6) the probable post-fertilization age of the unborn
115	115	child based on the best medical judgment of the attending physician
116	116	at the time of the procedure;
117	117	(7) the date, if known, of the patient's last menstrual
118	118	cycle;
119	119	(8) the number of previous live births of the patient;
120	120	(9) the number of previous induced abortions of the
121	121	patient;
122	122	(10) whether the abortion was performed or induced
123	123	because of a medical emergency and any medical condition of the
124	124	pregnant woman that required the abortion; [and]
125	125	(11) the county in which the abortion was performed;
126	126	and
127	127	(12) the information required under Sections
128	128	171.008(a) and (c).
129	129	SECTION 4. Section 245.002, Health and Safety Code, is
130	130	amended by adding Subdivision (3) to read as follows:
131	131	(3) "Commission" means the Health and Human Services
132	132	Commission.
133	133	SECTION 5. Section 245.0116, Health and Safety Code, is
134	134	amended to read as follows:
135	135	Sec. 245.0116. COMMISSION [DEPARTMENT] REPORT. (a) The
136	136	commission [department] shall publish on its Internet website a
137	137	monthly report containing aggregate data of the information in the
138	138	reports submitted under Sections [Section] 171.009 and 245.011. The
139	139	report must specify the number of abortions performed in each
140	140	county during the reporting period.
141	141	(b) The commission's [department's] monthly report may not
142	142	identify by any means an abortion facility, a physician performing
143	143	the abortion, or a patient.
144	144	SECTION 6. The changes in law made by this Act apply only to
145	145	an abortion performed on or after the effective date of this Act.
146	146	SECTION 7. This Act takes effect December 1, 2021.