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A BILL TO BE ENTITLED
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AN ACT
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relating to the preservation of fetal tissue by a physician |
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performing an abortion on a person who is younger than 14 years of |
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age; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.006 to read as follows: |
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Sec. 171.006. REQUIRED TISSUE SAMPLING. (a) A physician who |
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performs an abortion on a person who is younger than 14 years of age |
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at the time of the abortion shall preserve fetal tissue extracted |
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during the abortion. The physician shall submit the tissue to the |
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Department of Public Safety or to a laboratory designated by the |
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Department of Public Safety. |
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(b) The Department of Public Safety shall adopt rules |
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prescribing: |
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(1) the amount and type of tissue to be preserved and |
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submitted; |
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(2) procedures for the proper preservation of tissue |
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for DNA testing and examination; |
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(3) procedures for documenting the chain of custody of |
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the tissue for use as evidence; |
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(4) procedures for proper disposal of fetal tissue |
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preserved under this section; |
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(5) a uniform reporting instrument to be used by a |
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physician when submitting fetal tissue under this section that must |
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include: |
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(A) the name of the physician submitting the |
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tissue; |
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(B) the name and address of the person upon whom |
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the abortion was performed; and |
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(C) the name of the parent or legal guardian of |
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the person upon whom the abortion was performed; and |
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(6) procedures for communication with law enforcement |
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agencies regarding evidence and information obtained under this |
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section. |
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(c) A physician commits an offense if the physician violates |
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this section or a rule adopted under this section. An offense under |
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this subsection is a misdemeanor punishable by a fine not to exceed |
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$10,000. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. |
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For purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before that date. An offense committed before the effective date of |
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this Act is covered by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |