Bill Text: TX HB3718 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the regulation of certain limited service pregnancy resource centers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-04 - Referred to State Affairs [HB3718 Detail]
Download: Texas-2017-HB3718-Introduced.html
| 85R13181 JG-F | ||
| By: Farrar | H.B. No. 3718 | |
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| relating to the regulation of certain limited service pregnancy | ||
| resource centers. | ||
| 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 173 to read as follows: | ||
| CHAPTER 173. LIMITED SERVICE PREGNANCY RESOURCE CENTERS | ||
| Sec. 173.001. DEFINITIONS. In this chapter: | ||
| (1) "Comprehensive birth control services" means all | ||
| drugs and medical devices that have been approved by the United | ||
| States Food and Drug Administration for birth control. | ||
| (2) "Limited service pregnancy resource center" means | ||
| an organization, including a pregnancy counseling organization, | ||
| crisis pregnancy center, pregnancy care center, or pregnancy | ||
| support center, that for a fee or free of charge provides pregnancy | ||
| counseling or information but: | ||
| (A) does not perform abortions or make referrals | ||
| to an abortion provider; | ||
| (B) does not provide or make referrals for | ||
| comprehensive birth control services; | ||
| (C) is not licensed or certified by this state or | ||
| the federal government to provide medical or health care services; | ||
| and | ||
| (D) is not required to have a physician under | ||
| contract to provide or directly supervise all health care services | ||
| provided by the organization. | ||
| Sec. 173.002. APPLICABILITY OF CHAPTER. This chapter | ||
| applies only to a limited service pregnancy resource center that | ||
| meets at least two of the following criteria: | ||
| (1) the center offers to pregnant women: | ||
| (A) obstetric ultrasounds; | ||
| (B) obstetric sonograms; or | ||
| (C) other prenatal care; | ||
| (2) the center offers pregnancy testing or diagnosis; | ||
| (3) the center advertises or solicits consumers to | ||
| provide pregnancy-related services; | ||
| (4) the center has employees or volunteers who collect | ||
| information from consumers; | ||
| (5) the center has employees or volunteers who are not | ||
| licensed physicians or health care practitioners but dress in | ||
| clothing typically associated with a physician or nurse; or | ||
| (6) the center has an examination table. | ||
| Sec. 173.003. DISCLOSURE OF CERTAIN HEALTH CARE | ||
| INFORMATION. A limited service pregnancy resource center may not | ||
| disclose to a third party health care information about a person who | ||
| receives or inquires about receiving services from the center. | ||
| Sec. 173.004. PROHIBITED CONDUCT. A limited service | ||
| pregnancy resource center may not publish in any medium, including | ||
| a newspaper, magazine, pamphlet, billboard, Internet website, or | ||
| other publication, or otherwise disseminate information that the | ||
| center knows or should have known: | ||
| (1) is false or misleading; or | ||
| (2) omits a material fact about the services offered | ||
| or intended to be offered by the center. | ||
| Sec. 173.005. VIOLATION; CIVIL PENALTY. (a) A limited | ||
| service pregnancy resource center that violates this chapter is | ||
| liable to the state for a civil penalty of not less than $250 but not | ||
| more than $20,000 for each violation. The amount shall be based on: | ||
| (1) the seriousness of the violation, including the | ||
| nature, circumstances, extent, and duration of the violation, and | ||
| the good faith of the limited service pregnancy resource center; | ||
| (2) the history of previous violations; | ||
| (3) the amount necessary to deter a future violation; | ||
| and | ||
| (4) any other matter that justice may require. | ||
| (b) The attorney general or a district or county attorney of | ||
| the county in which any part of the violation is alleged to have | ||
| occurred may sue in the name of the state to collect a civil penalty | ||
| under this section. The suit must be brought in Travis County or | ||
| the county in which any part of the violation is alleged to have | ||
| occurred. In the suit 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. | ||
| (c) The penalties provided by this section are in addition | ||
| to any other penalty provided by law, including Chapter 17, | ||
| Business & Commerce Code. | ||
| (d) Penalties collected under this section shall be | ||
| deposited in a fund established by the commission for providing | ||
| grants to human trafficking victims in this state. The fund is a | ||
| trust fund held outside the treasury by the comptroller and | ||
| administered by the commission. | ||
| Sec. 173.006. DECEPTIVE TRADE PRACTICE. A violation of | ||
| Section 173.004 is actionable by a consumer as a deceptive trade | ||
| practice under Subchapter E, Chapter 17, Business & Commerce Code. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
