88R7637 SRA-D
By: Goodwin H.B. No. 1753
A BILL TO BE ENTITLED
AN ACT
relating to the right to assistive reproductive technology
treatments and procedures, including in vitro fertilization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, is amended
by adding Subchapter X to read as follows:
SUBCHAPTER X. RIGHT TO ASSISTIVE REPRODUCTIVE TECHNOLOGY
TREATMENTS AND PROCEDURES
Sec. 161.701. DEFINITION. In this subchapter, "assistive
reproductive technology treatment or procedure" means a health care
treatment or procedure in which a human oocyte or embryo is handled
by a health care practitioner for fertility purposes. The term
includes in vitro fertilization, gamete intrafallopian transfer,
and zygote intrafallopian transfer.
Sec. 161.702. CONSTRUCTION OF SUBCHAPTER. (a) This
subchapter may not be construed to prohibit the enforcement of a
health and safety law if the law:
(1) advances the safety of health care services or the
health of patients; and
(2) cannot be advanced by a less restrictive alternate
measure or action.
(b) This subchapter may not be construed to modify,
supersede, or otherwise affect the coverage of assistive
reproductive technology procedures or treatments under Chapter
1366, Insurance Code.
Sec. 161.703. RULES. The executive commissioner may adopt
rules necessary to implement this subchapter.
Sec. 161.704. INFRINGEMENT OF RIGHT TO ASSISTIVE
REPRODUCTIVE TECHNOLOGY TREATMENTS AND PROCEDURES PROHIBITED.
This state, a political subdivision of this state, or an official or
employee of this state or a political subdivision of this state may
not prohibit or unreasonably limit:
(1) an individual from:
(A) accessing an assistive reproductive
technology treatment or procedure;
(B) continuing or completing an ongoing
assistive reproductive technology treatment or procedure under a
written plan or agreement with a health care provider; or
(C) retaining all rights regarding the use of the
individual's reproductive genetic material, including gametes;
(2) a health care provider from:
(A) performing or administering an assistive
reproductive technology treatment or procedure; or
(B) providing evidence-based information related
to assistive reproductive technology treatments or procedures; or
(3) a health benefit plan issuer from covering an
assistive reproductive technology treatment or procedure.
Sec. 161.705. CIVIL ACTION. (a) The following persons may
bring a civil action for appropriate equitable relief, including a
temporary or permanent injunction, against a governmental entity,
official, or employee who violates Section 161.704:
(1) the attorney general;
(2) a person adversely affected by the violation; or
(3) a health care provider on the provider's behalf or
on behalf of a patient who is adversely affected by the violation.
(b) A court shall award a claimant who prevails in an action
brought under this section court costs and reasonable attorney's
fees incurred in bringing the action. The court may not award court
costs and attorney's fees to the defendant for a nonfrivolous
claim.
SECTION 2. Section 161.705, Health and Safety Code, as
added by this Act, applies only to a cause of action that accrues on
or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.