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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of crisis pregnancy centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 172 to read as follows: |
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CHAPTER 172. REGULATION OF CRISIS PREGNANCY CENTERS |
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Sec. 172.001. DEFINITIONS. In this chapter: |
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(1) "Crisis pregnancy center" means an organization, |
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including a pregnancy counseling organization or alternatives to |
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abortion organization, that for a fee or as a free service provides |
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pregnancy counseling or information but does not perform an |
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abortion or refer a female to an abortion provider. The term does |
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not include a licensed health care provider, a hospital, or a family |
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planning clinic that provides abortions or contraception or |
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provides abortion or contraception referrals. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(3) "Medically accurate information" means |
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information supported by the weight of peer-reviewed research |
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conducted in compliance with accepted scientific methods and |
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recognized as accurate by leading professional organizations and |
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agencies with relevant expertise in the field. |
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Sec. 172.002. RULES. The commission may adopt rules |
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necessary to implement this chapter. |
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Sec. 172.003. FACTUALLY OR MEDICALLY ACCURATE INFORMATION |
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REQUIRED. An agent of a crisis pregnancy center shall provide a |
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woman who is seeking counseling or information about pregnancy or |
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abortion only with information the agent knows to be factually or |
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medically accurate information. |
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Sec. 172.004. NOTICE. (a) A crisis pregnancy center shall |
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prominently display on letter-size paper that is clearly visible |
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from the area at which the center conducts intakes the following |
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notice: |
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[Name of center] is not a medical facility. |
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[Name of center] does not perform abortions or refer women |
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for abortions. |
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[Name of center] does not provide information on pregnancy |
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prevention or refer women for pregnancy prevention. |
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[Name of center] is not a licensed medical provider qualified |
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to diagnose or accurately date pregnancy. |
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[Name of center] is not licensed by the State of Texas. |
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(b) A crisis pregnancy center shall verbally provide the |
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information in Subsection (a) to each person who requests services |
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from the center before the center provides any services to the |
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person. |
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(c) A crisis pregnancy center shall include a printed copy |
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of the information in Subsection (a) with any material distributed |
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by the center. |
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Sec. 172.005. DISCIPLINARY ACTION. (a) A crisis pregnancy |
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center that violates this chapter is ineligible to receive state |
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funding. |
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(b) If the commission determines a crisis pregnancy center |
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violated this chapter, the commission shall withhold state money |
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otherwise to be provided to the center. The center is liable to the |
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state for any money the center has already received from the state |
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during the state fiscal year in which the determination is made. |
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The center is not eligible for state funding before the first |
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anniversary of the date of the commission determination. The |
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attorney general in the name of the state may bring an action to |
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recover amounts owed to the state under this section. |
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(c) A crisis pregnancy center may appeal a commission |
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determination under this section to the State Office of |
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Administrative Hearings. An appeal under this subsection is a |
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contested case under Chapter 2001, Government Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |