89R5753 MCF-F
By: Menéndez S.B. No. 1684
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of limited service pregnancy resource
centers; creating a criminal offense; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 174 to read as follows:
CHAPTER 174. LIMITED SERVICE PREGNANCY RESOURCE CENTERS
Sec. 174.001. DEFINITIONS. In this chapter:
(1) "Advertise" means to offer goods or services to
the public regardless of whether the goods or services are offered
for payment or result in a profit.
(2) "Comprehensive birth control services" means the
provision of any oral contraceptive or health care device the
United States Food and Drug Administration has approved for birth
control.
(3) "Limited service pregnancy resource center" means
an organization, including a pregnancy counseling organization or
crisis pregnancy center, whether for profit or nonprofit, that
provides pregnancy counseling or information but does not perform
abortions or provide referrals for abortion or comprehensive birth
control services. The term does not include a licensed health care
provider, hospital, or family planning clinic that performs
abortions, provides contraception, or provides abortion or
contraception referrals.
(4) "Pregnancy-related health care service" means a
health care service a health care provider licensed in this state
provides to a pregnant woman.
Sec. 174.002. LICENSE DISCLOSURE. Before providing a good
or service to a consumer, a limited service pregnancy resource
center shall provide a written disclosure to the consumer on
whether the center:
(1) is a licensed health care facility; and
(2) has on site a licensed health care practitioner.
Sec. 174.003. PROHIBITED ADVERTISING. (a) A person may not
advertise with the intent to deceptively imply the person is a
provider of pregnancy-related health care services unless the
person is a health care provider licensed in this state and
authorized by law to provide pregnancy-related health care
services.
(b) A person may not advertise a limited service pregnancy
resource center or an organization that refers women to limited
service pregnancy resource centers unless the person includes the
following disclaimer in the advertisement: "This center does not
perform abortions or provide referrals to abortion providers. This
center does not provide oral contraceptives or birth control
devices or provide referrals to providers of oral contraceptives or
birth control devices approved by the United States Food and Drug
Administration."
Sec. 174.004. REQUIRED NOTICES. (a) A limited service
pregnancy resource center shall prominently display, at the
entrance of the center, a sign with the following statement: "This
center does not perform abortions or provide referrals to abortion
providers. This center does not provide oral contraceptives or
birth control devices or provide referrals to providers of oral
contraceptives or birth control devices approved by the United
States Food and Drug Administration."
(b) A limited service pregnancy resource center that is not
a licensed health care facility and does not have a licensed health
care practitioner on site shall include the following statement on
the sign described by Subsection (a): "This center is not a health
care facility licensed by Texas and does not have on site a licensed
health care practitioner who provides or directly supervises the
provision of health care services."
(c) Each sign required under Subsection (a) must be at least
8-1/2 by 11 inches in size and clearly legible from outside the
center. The text for the sign must be in at least 48-point font
size.
(d) A limited service pregnancy resource center must post a
sign described by Subsection (a) in each language spoken by 10
percent or more of the residents of this state as determined by the
most recent federal decennial census.
Sec. 174.005. CIVIL AND CRIMINAL PENALTIES. (a) A person
commits an offense if the person violates this chapter. An offense
under this subsection is a Class A misdemeanor.
(b) A person who intentionally violates this chapter is
liable for a civil penalty in an amount not to exceed $10,000 for
each violation. The amount must be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
and
(4) any other matter that justice may require.
(c) The attorney general or a district or county attorney of
the county in which the violation is alleged to have occurred may
bring an action to collect a civil penalty under this section. In
the action, the attorney general or a district or county attorney
may recover reasonable expenses incurred in obtaining the penalty,
including investigation and court costs and reasonable attorney's
fees.
(d) A separate civil penalty may be collected for each day a
continuing violation occurs.
(e) The penalties provided by this section are in addition
to any other penalty provided by law, including Chapter 17,
Business & Commerce Code, and Chapter 165, Occupations Code.
SECTION 2. This Act takes effect September 1, 2025.