| 1 | 1 | | 88R7637 SRA-D |
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| 2 | 2 | | By: Goodwin H.B. No. 1753 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the right to assistive reproductive technology |
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| 8 | 8 | | treatments and procedures, including in vitro fertilization. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 161, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Subchapter X to read as follows: |
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| 12 | 12 | | SUBCHAPTER X. RIGHT TO ASSISTIVE REPRODUCTIVE TECHNOLOGY |
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| 13 | 13 | | TREATMENTS AND PROCEDURES |
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| 14 | 14 | | Sec. 161.701. DEFINITION. In this subchapter, "assistive |
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| 15 | 15 | | reproductive technology treatment or procedure" means a health care |
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| 16 | 16 | | treatment or procedure in which a human oocyte or embryo is handled |
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| 17 | 17 | | by a health care practitioner for fertility purposes. The term |
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| 18 | 18 | | includes in vitro fertilization, gamete intrafallopian transfer, |
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| 19 | 19 | | and zygote intrafallopian transfer. |
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| 20 | 20 | | Sec. 161.702. CONSTRUCTION OF SUBCHAPTER. (a) This |
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| 21 | 21 | | subchapter may not be construed to prohibit the enforcement of a |
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| 22 | 22 | | health and safety law if the law: |
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| 23 | 23 | | (1) advances the safety of health care services or the |
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| 24 | 24 | | health of patients; and |
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| 25 | 25 | | (2) cannot be advanced by a less restrictive alternate |
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| 26 | 26 | | measure or action. |
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| 27 | 27 | | (b) This subchapter may not be construed to modify, |
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| 28 | 28 | | supersede, or otherwise affect the coverage of assistive |
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| 29 | 29 | | reproductive technology procedures or treatments under Chapter |
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| 30 | 30 | | 1366, Insurance Code. |
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| 31 | 31 | | Sec. 161.703. RULES. The executive commissioner may adopt |
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| 32 | 32 | | rules necessary to implement this subchapter. |
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| 33 | 33 | | Sec. 161.704. INFRINGEMENT OF RIGHT TO ASSISTIVE |
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| 34 | 34 | | REPRODUCTIVE TECHNOLOGY TREATMENTS AND PROCEDURES PROHIBITED. |
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| 35 | 35 | | This state, a political subdivision of this state, or an official or |
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| 36 | 36 | | employee of this state or a political subdivision of this state may |
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| 37 | 37 | | not prohibit or unreasonably limit: |
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| 38 | 38 | | (1) an individual from: |
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| 39 | 39 | | (A) accessing an assistive reproductive |
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| 40 | 40 | | technology treatment or procedure; |
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| 41 | 41 | | (B) continuing or completing an ongoing |
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| 42 | 42 | | assistive reproductive technology treatment or procedure under a |
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| 43 | 43 | | written plan or agreement with a health care provider; or |
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| 44 | 44 | | (C) retaining all rights regarding the use of the |
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| 45 | 45 | | individual's reproductive genetic material, including gametes; |
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| 46 | 46 | | (2) a health care provider from: |
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| 47 | 47 | | (A) performing or administering an assistive |
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| 48 | 48 | | reproductive technology treatment or procedure; or |
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| 49 | 49 | | (B) providing evidence-based information related |
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| 50 | 50 | | to assistive reproductive technology treatments or procedures; or |
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| 51 | 51 | | (3) a health benefit plan issuer from covering an |
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| 52 | 52 | | assistive reproductive technology treatment or procedure. |
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| 53 | 53 | | Sec. 161.705. CIVIL ACTION. (a) The following persons may |
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| 54 | 54 | | bring a civil action for appropriate equitable relief, including a |
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| 55 | 55 | | temporary or permanent injunction, against a governmental entity, |
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| 56 | 56 | | official, or employee who violates Section 161.704: |
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| 57 | 57 | | (1) the attorney general; |
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| 58 | 58 | | (2) a person adversely affected by the violation; or |
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| 59 | 59 | | (3) a health care provider on the provider's behalf or |
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| 60 | 60 | | on behalf of a patient who is adversely affected by the violation. |
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| 61 | 61 | | (b) A court shall award a claimant who prevails in an action |
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| 62 | 62 | | brought under this section court costs and reasonable attorney's |
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| 63 | 63 | | fees incurred in bringing the action. The court may not award court |
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| 64 | 64 | | costs and attorney's fees to the defendant for a nonfrivolous |
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| 65 | 65 | | claim. |
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| 66 | 66 | | SECTION 2. Section 161.705, Health and Safety Code, as |
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| 67 | 67 | | added by this Act, applies only to a cause of action that accrues on |
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| 68 | 68 | | or after the effective date of this Act. |
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| 69 | 69 | | SECTION 3. This Act takes effect September 1, 2023. |
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