Texas 2025 - 89th Regular

Texas Senate Bill SB1684 Compare Versions

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

Old	New	Differences
1	1	89R5753 MCF-F
2	2	By: Menéndez S.B. No. 1684
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of limited service pregnancy resource
10	10	centers; creating a criminal offense; providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
13	13	amended by adding Chapter 174 to read as follows:
14	14	CHAPTER 174. LIMITED SERVICE PREGNANCY RESOURCE CENTERS
15	15	Sec. 174.001. DEFINITIONS. In this chapter:
16	16	(1) "Advertise" means to offer goods or services to
17	17	the public regardless of whether the goods or services are offered
18	18	for payment or result in a profit.
19	19	(2) "Comprehensive birth control services" means the
20	20	provision of any oral contraceptive or health care device the
21	21	United States Food and Drug Administration has approved for birth
22	22	control.
23	23	(3) "Limited service pregnancy resource center" means
24	24	an organization, including a pregnancy counseling organization or
25	25	crisis pregnancy center, whether for profit or nonprofit, that
26	26	provides pregnancy counseling or information but does not perform
27	27	abortions or provide referrals for abortion or comprehensive birth
28	28	control services. The term does not include a licensed health care
29	29	provider, hospital, or family planning clinic that performs
30	30	abortions, provides contraception, or provides abortion or
31	31	contraception referrals.
32	32	(4) "Pregnancy-related health care service" means a
33	33	health care service a health care provider licensed in this state
34	34	provides to a pregnant woman.
35	35	Sec. 174.002. LICENSE DISCLOSURE. Before providing a good
36	36	or service to a consumer, a limited service pregnancy resource
37	37	center shall provide a written disclosure to the consumer on
38	38	whether the center:
39	39	(1) is a licensed health care facility; and
40	40	(2) has on site a licensed health care practitioner.
41	41	Sec. 174.003. PROHIBITED ADVERTISING. (a) A person may not
42	42	advertise with the intent to deceptively imply the person is a
43	43	provider of pregnancy-related health care services unless the
44	44	person is a health care provider licensed in this state and
45	45	authorized by law to provide pregnancy-related health care
46	46	services.
47	47	(b) A person may not advertise a limited service pregnancy
48	48	resource center or an organization that refers women to limited
49	49	service pregnancy resource centers unless the person includes the
50	50	following disclaimer in the advertisement: "This center does not
51	51	perform abortions or provide referrals to abortion providers. This
52	52	center does not provide oral contraceptives or birth control
53	53	devices or provide referrals to providers of oral contraceptives or
54	54	birth control devices approved by the United States Food and Drug
55	55	Administration."
56	56	Sec. 174.004. REQUIRED NOTICES. (a) A limited service
57	57	pregnancy resource center shall prominently display, at the
58	58	entrance of the center, a sign with the following statement: "This
59	59	center does not perform abortions or provide referrals to abortion
60	60	providers. This center does not provide oral contraceptives or
61	61	birth control devices or provide referrals to providers of oral
62	62	contraceptives or birth control devices approved by the United
63	63	States Food and Drug Administration."
64	64	(b) A limited service pregnancy resource center that is not
65	65	a licensed health care facility and does not have a licensed health
66	66	care practitioner on site shall include the following statement on
67	67	the sign described by Subsection (a): "This center is not a health
68	68	care facility licensed by Texas and does not have on site a licensed
69	69	health care practitioner who provides or directly supervises the
70	70	provision of health care services."
71	71	(c) Each sign required under Subsection (a) must be at least
72	72	8-1/2 by 11 inches in size and clearly legible from outside the
73	73	center. The text for the sign must be in at least 48-point font
74	74	size.
75	75	(d) A limited service pregnancy resource center must post a
76	76	sign described by Subsection (a) in each language spoken by 10
77	77	percent or more of the residents of this state as determined by the
78	78	most recent federal decennial census.
79	79	Sec. 174.005. CIVIL AND CRIMINAL PENALTIES. (a) A person
80	80	commits an offense if the person violates this chapter. An offense
81	81	under this subsection is a Class A misdemeanor.
82	82	(b) A person who intentionally violates this chapter is
83	83	liable for a civil penalty in an amount not to exceed $10,000 for
84	84	each violation. The amount must be based on:
85	85	(1) the seriousness of the violation;
86	86	(2) the history of previous violations;
87	87	(3) the amount necessary to deter a future violation;
88	88	and
89	89	(4) any other matter that justice may require.
90	90	(c) The attorney general or a district or county attorney of
91	91	the county in which the violation is alleged to have occurred may
92	92	bring an action to collect a civil penalty under this section. In
93	93	the action, the attorney general or a district or county attorney
94	94	may recover reasonable expenses incurred in obtaining the penalty,
95	95	including investigation and court costs and reasonable attorney's
96	96	fees.
97	97	(d) A separate civil penalty may be collected for each day a
98	98	continuing violation occurs.
99	99	(e) The penalties provided by this section are in addition
100	100	to any other penalty provided by law, including Chapter 17,
101	101	Business & Commerce Code, and Chapter 165, Occupations Code.
102	102	SECTION 2. This Act takes effect September 1, 2025.