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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of certain services and information |
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related to unintended pregnancies and sexually transmitted |
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diseases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SHORT TITLE. This Act may be cited as the Texas |
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Prevention First Act. |
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SECTION 2. PURPOSES AND FINDINGS. (a) The goal of this |
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bill is to decrease the number of unintended pregnancies and |
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abortions in Texas. |
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(b) In 2003, 51.6 percent of the 374,836 total births in |
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Texas were paid for by Medicaid. In other words, one out of every |
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two births in Texas is paid for by Medicaid (Source: State of Texas |
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1115(a) Research and Demonstration Waiver, submitted to the federal |
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Centers for Medicare and Medicaid Services by the Health and Human |
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Services Commission, p. 9). |
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(c) For the state fiscal year 2003, the Texas Department of |
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Health, the predecessor of the Department of State Health Services, |
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found that the state's family planning program averted 193,502 |
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pregnancies, for an estimated $472 million in cost savings |
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(Source: TMHP, Family Planning Ad Hoc Request Performance Measures |
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2/9/2004. Texas Department of Health, Bureau of Women's Health). |
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(d) The projections for the Women's Health Program |
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specifically show a cost savings of $467 million over the five-year |
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demonstration timeline, $278 million in state savings and $189 |
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million in federal savings, by reducing the number of Medicaid-paid |
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births and associated costs (Source: Women's Health Program |
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Demonstration Budget, State of Texas 1115(1) Research and |
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Demonstration Waiver). |
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(e) In addition to averted costs, Texas receives federal |
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dollars at the highest possible matching ratio for all Medicaid. |
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The federal government will pay $9 for every $1 of state funds spent |
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on family planning services and supplies (Source: Medicaid: A |
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Critical Source of Support for Family Planning in the United |
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States, Issue Brief, Kaiser Family Foundation, April 2005). |
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(f) According to the Department of State Health Services, in |
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2005, a total of 102,011 sexually transmitted disease cases, |
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excluding HIV/AIDS, were reported in Texas. At the end of 2005, |
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approximately 67,629 AIDS cases have been reported in Texas |
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(Source: 2005 Texas HIV/STD Surveillance Report, Department of |
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State Health Services). |
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SECTION 3. OUTREACH CAMPAIGN. Subchapter B, Chapter 531, |
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Government Code, is amended by adding Section 531.093 to read as |
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follows: |
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Sec. 531.093. UNINTENDED PREGNANCIES AND SEXUALLY |
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TRANSMITTED DISEASES: OUTREACH CAMPAIGN AND SERVICES PROVIDED. (a) |
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To the extent money is available for the purposes provided by this |
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section, the commission shall provide adequate and sufficient |
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funding to conduct a comprehensive marketing and outreach campaign |
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to reduce the number of unintended pregnancies and lower the rates |
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of sexually transmitted diseases. The campaign must include print |
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and broadcast media, Internet websites, and a toll-free telephone |
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number. |
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(b) The commission, the Legislative Budget Board, or the |
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governor, in providing adequate and sufficient funding for the |
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campaign as required by Subsection (a), may not take any action to |
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decrease the level of programs and services designed to reduce the |
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number of unintended pregnancies and lower the rates of sexually |
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transmitted diseases to below the level of programs and services |
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provided on September 1, 2007. |
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SECTION 4. EDUCATION. Section 28.004, Education Code, is |
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amended by amending Subsections (e) and (i) and adding Subsections |
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(m) and (n) to read as follows: |
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(e) Any course materials and instruction relating to human |
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sexuality, sexually transmitted diseases, or human |
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immunodeficiency virus or acquired immune deficiency syndrome |
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shall be selected by the board of trustees with the advice of the |
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local school health advisory council and must: |
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(1) present abstinence from sexual activity as the |
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preferred choice of behavior in relationship to all sexual activity |
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for unmarried persons of school age; |
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(2) devote more attention to abstinence from sexual |
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activity than to any other behavior; |
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(3) emphasize that abstinence from sexual activity, if |
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used consistently and correctly, is the only method that is 100 |
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percent effective in preventing pregnancy, sexually transmitted |
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diseases, infection with human immunodeficiency virus, [or] |
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acquired immune deficiency syndrome, and the emotional trauma |
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associated with adolescent sexual activity; |
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(4) direct adolescents to a standard of behavior in |
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which abstinence from sexual activity before marriage is the most |
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effective way to prevent pregnancy, sexually transmitted diseases, |
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[and] infection with human immunodeficiency virus, and [or] |
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acquired immune deficiency syndrome; and |
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(5) [teach contraception and condom use in terms of
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human use reality rates instead of theoretical laboratory rates,] |
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if instruction on contraception and condoms is included in |
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curriculum content, teach contraception and condom use in terms of |
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typical use rates and perfect use rates, with an emphasis on the |
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reasons those rates differ. |
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(i) Before providing human sexuality instruction to |
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students, a [A] school district shall provide written notice to |
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[notify] a parent of each student enrolled in the district. The |
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notice must include [of]: |
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(1) a summary of the basic content of the district's |
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human sexuality instruction to be provided to the student, with a |
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statement informing the parent that the instruction is required by |
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state law to: |
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(A) present abstinence from sexual activity as |
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the preferred choice of behavior in relationship to all sexual |
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activity for unmarried persons of school age; and |
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(B) devote more attention to abstinence from |
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sexual activity than to any other behavior; [and] |
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(2) a statement of whether the instruction is |
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considered by the district to be abstinence-only instruction or |
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comprehensive instruction, including an explanation of the |
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difference between those types of instruction and a specific |
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statement regarding whether the student will receive information on |
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contraception and condom use; |
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(3) if the instruction will include information on |
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contraception and condom use, a statement that state law requires |
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the information to be taught in terms of typical use rates and |
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perfect use rates, with an emphasis on the reasons those rates |
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differ; |
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(4) a statement of the parent's right to: |
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(A) review curriculum materials under Subsection |
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(j); and |
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(B) remove the student from any part of the |
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district's human sexuality instruction, without subjecting the |
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student to any disciplinary action, academic penalty, or other |
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sanction; and |
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(5) information describing the opportunities for |
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parental involvement in the development of curriculum to be used in |
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the instruction, including information regarding the council |
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established under Subsection (a). |
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(m) The board procedure adopted under Section 26.011 |
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applies to a complaint filed regarding a right guaranteed by this |
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section. |
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(n) In this section: |
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(1) "Abstinence-only instruction" means instruction |
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that does not include information about preventing pregnancy, |
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sexually transmitted diseases, infection with human |
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immunodeficiency virus, or acquired immune deficiency syndrome |
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through any means other than total abstinence from sexual activity. |
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(2) "Perfect use rate" means the rate of failure for a |
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method of contraception when that method is used by a person for |
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each act of sexual intercourse and is used by the person for each |
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act according to the instructions for the method. The rate is |
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identical to the rate defined as the lowest expected success rate by |
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the United States Food and Drug Administration. |
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(3) "Typical use rate" means the rate of failure for a |
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method of contraception when that method is not used by a person for |
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each act of sexual intercourse or when that method is not used by a |
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person for each act according to the instructions for that method. |
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The rate is identical to the rate defined as the typical use rate by |
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the United States Food and Drug Administration. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect September |
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1, 2007. |