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A BILL TO BE ENTITLED
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AN ACT
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relating to resource awareness sessions for women seeking |
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abortions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 171.012(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Consent to an abortion is voluntary and informed only |
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if: |
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(1) the physician who is to perform the abortion |
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informs the pregnant woman on whom the abortion is to be performed |
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of: |
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(A) the physician's name; |
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(B) the particular medical risks associated with |
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the particular abortion procedure to be employed, including, when |
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medically accurate: |
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(i) the risks of infection and hemorrhage; |
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(ii) the potential danger to a subsequent |
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pregnancy and of infertility; and |
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(iii) the possibility of increased risk of |
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breast cancer following an induced abortion and the natural |
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protective effect of a completed pregnancy in avoiding breast |
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cancer; |
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(C) the probable gestational age of the unborn |
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child at the time the abortion is to be performed; and |
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(D) the medical risks associated with carrying |
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the child to term; |
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(2) the physician who is to perform the abortion or the |
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physician's agent informs the pregnant woman that: |
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(A) medical assistance benefits may be available |
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for prenatal care, childbirth, and neonatal care; |
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(B) the father is liable for assistance in the |
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support of the child without regard to whether the father has |
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offered to pay for the abortion; [and] |
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(C) public and private agencies provide |
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pregnancy prevention counseling and medical referrals for |
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obtaining pregnancy prevention medications or devices, including |
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emergency contraception for victims of rape or incest; and |
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(D) the Health and Human Services Commission |
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offers, at no cost, a resource awareness session that provides |
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information regarding: |
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(i) a pregnant woman's option to place her |
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child for adoption; |
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(ii) a woman's health before and during |
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pregnancy; and |
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(iii) available resources for pregnant |
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women and their children, including: |
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(a) the federal special supplemental |
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nutrition program for women, infants, and children authorized by 42 |
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U.S.C. Section 1786; |
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(b) the supplemental nutrition |
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assistance program under Chapter 33, Human Resources Code; and |
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(c) information on selection of a |
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physician; |
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(3) the physician who is to perform the abortion or the |
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physician's agent: |
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(A) provides the pregnant woman with the |
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printed materials described by Section 171.014; and |
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(B) informs the pregnant woman that those |
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materials: |
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(i) have been provided by the Department of |
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State Health Services; |
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(ii) are accessible on an Internet website |
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sponsored by the department; |
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(iii) describe the unborn child and list |
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agencies that offer alternatives to abortion; and |
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(iv) include a list of agencies that offer |
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sonogram services at no cost to the pregnant woman; |
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(4) before any sedative or anesthesia is administered |
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to the pregnant woman and at least 24 hours before the abortion or |
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at least two hours before the abortion if the pregnant woman waives |
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this requirement by certifying that she currently lives 100 miles |
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or more from the nearest abortion provider that is a facility |
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licensed under Chapter 245 or a facility that performs more than 50 |
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abortions in any 12-month period: |
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(A) the physician who is to perform the abortion |
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or an agent of the physician who is also a sonographer certified by |
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a national registry of medical sonographers performs a sonogram on |
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the pregnant woman on whom the abortion is to be performed; |
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(B) the physician who is to perform the abortion |
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displays the sonogram images in a quality consistent with current |
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medical practice in a manner that the pregnant woman may view them; |
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(C) the physician who is to perform the abortion |
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provides, in a manner understandable to a layperson, a verbal |
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explanation of the results of the sonogram images, including a |
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medical description of the dimensions of the embryo or fetus, the |
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presence of cardiac activity, and the presence of external members |
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and internal organs; and |
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(D) the physician who is to perform the abortion |
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or an agent of the physician who is also a sonographer certified by |
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a national registry of medical sonographers makes audible the heart |
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auscultation for the pregnant woman to hear, if present, in a |
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quality consistent with current medical practice and provides, in a |
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manner understandable to a layperson, a simultaneous verbal |
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explanation of the heart auscultation; |
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(5) before receiving a sonogram under Subdivision |
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(4)(A) and before the abortion is performed and before any sedative |
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or anesthesia is administered, the pregnant woman completes and |
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certifies with her signature an election form that states as |
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follows: |
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"ABORTION AND SONOGRAM ELECTION |
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(1) THE INFORMATION AND PRINTED MATERIALS |
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DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH |
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AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO |
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ME. |
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(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF |
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AN ABORTION. |
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(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM |
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PRIOR TO RECEIVING AN ABORTION. |
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(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW |
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THE SONOGRAM IMAGES. |
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(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR |
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THE HEARTBEAT. |
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(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO |
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HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I |
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CERTIFY IN WRITING TO ONE OF THE FOLLOWING: |
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___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT, |
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INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT |
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HAS BEEN REPORTED TO LAW ENFORCEMENT AUTHORITIES OR |
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THAT HAS NOT BEEN REPORTED BECAUSE I REASONABLY |
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BELIEVE THAT DOING SO WOULD PUT ME AT RISK OF |
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RETALIATION RESULTING IN SERIOUS BODILY INJURY. |
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___ I AM A MINOR AND OBTAINING AN ABORTION IN |
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ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER |
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CHAPTER 33, TEXAS FAMILY CODE. |
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___ MY FETUS HAS AN IRREVERSIBLE MEDICAL |
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CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE |
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DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL |
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FILE. |
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(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL |
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AND WITHOUT COERCION. |
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(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM |
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THE NEAREST ABORTION PROVIDER THAT IS A FACILITY |
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LICENSED UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS |
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MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY: |
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I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 |
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MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT |
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IS A FACILITY LICENSED UNDER CHAPTER 245 OR A FACILITY |
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THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH |
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PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS AFTER |
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THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE |
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ABORTION PROCEDURE. MY PLACE OF RESIDENCE |
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IS:__________. |
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___________________ _____________________ |
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SIGNATURE DATE"; |
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(6) before the abortion is performed, the pregnant |
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woman completes the resource awareness session and obtains the |
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certificate of completion required by Subchapter E in the time |
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authorized under Subchapter E or signs the affidavit described by |
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Section 171.102; |
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(7) before the abortion is performed, the physician |
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who is to perform the abortion receives a copy of: |
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(A) the signed, written certification required |
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by Subdivision (5); and |
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(B) the certificate of completion or affidavit |
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required by Subdivision (6); and |
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(8) [(7)] the pregnant woman is provided the name of |
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each person who provides or explains the information required under |
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this subsection. |
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SECTION 2. Section 171.014(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department shall publish informational materials |
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that include: |
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(1) the information required to be provided under |
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Sections 171.012(a)(1)(B) and (D) and (a)(2)(A), (B), [and] (C), |
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and (D); and |
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(2) the materials required by Sections 171.015 and |
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171.016. |
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SECTION 3. Chapter 171, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. RESOURCE AWARENESS SESSION |
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Sec. 171.101. RESOURCE AWARENESS SESSION. (a) The Health |
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and Human Services Commission, in consultation with the Department |
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of State Health Services and the Department of Family and |
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Protective Services, shall: |
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(1) develop a resource awareness session of at least |
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one hour and not more than three hours that provides information |
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regarding: |
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(A) a pregnant woman's option to place her child |
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for adoption; |
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(B) a woman's health before and during pregnancy; |
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and |
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(C) available resources for pregnant women and |
|
their children, including: |
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(i) the federal special supplemental |
|
nutrition program for women, infants, and children authorized by 42 |
|
U.S.C. Section 1786; |
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(ii) the supplemental nutrition assistance |
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program under Chapter 33, Human Resources Code; and |
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(iii) information on selection of a |
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physician; |
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(2) make the session available at no cost to any person |
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who wishes to take the session on the commission's Internet website |
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in English, Spanish, and any other language the executive |
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commissioner of the Health and Human Services Commission determines |
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appropriate; |
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(3) work with the Texas Pregnancy Care Network and |
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other nonprofit organizations that the executive commissioner of |
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the Health and Human Services Commission determines appropriate to |
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make the session available at no cost in person to any person who |
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wishes to take the session in person; and |
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(4) provide a dated certificate of completion to each |
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person who completes the session. |
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(b) Except as provided by Section 171.103, a pregnant woman |
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may not obtain an abortion unless the woman: |
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(1) completes the resource awareness session |
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described by Subsection (a) not more than 30 days and not less than |
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24 hours before the abortion is performed or induced and submits the |
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certificate of completion to the physician performing or inducing |
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the abortion; or |
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(2) submits the affidavit described by Section 171.102 |
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to the physician performing or inducing the abortion. |
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(c) Except as provided by Section 171.103, a physician may |
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not perform or induce an abortion on a pregnant woman without first |
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receiving from the woman: |
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(1) a certificate of completion described by |
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Subsection (a)(4) for a resource awareness session completed by the |
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woman in the time authorized under Subsection (b)(1); or |
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(2) an affidavit described by Section 171.102. |
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(d) The executive commissioner of the Health and Human |
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Services Commission, in consultation with the Department of State |
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Health Services and the Department of Family and Protective |
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Services, shall adopt the rules necessary to implement this |
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subchapter, including rules to provide pregnant minors with access |
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to the resource awareness session. |
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Sec. 171.102. AFFIDAVIT IN LIEU OF CERTIFICATE OF |
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COMPLETION. (a) A pregnant woman is not required to complete the |
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resource awareness session described by Section 171.101 to obtain |
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an abortion if the abortion is to be performed: |
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(1) on a minor whose pregnancy is a result of a sexual |
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assault, incest, or other violation of the Penal Code that has been |
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reported to law enforcement authorities or that has not been |
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reported because she has a reason that she declines to reveal |
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because she reasonably believes that to do so would put her at risk |
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of retaliation resulting in serious bodily injury; or |
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(2) with the intent to: |
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(A) save the life or preserve the health of an |
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unborn child; |
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(B) remove a dead, unborn child whose death was |
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caused by spontaneous abortion; |
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(C) remove an ectopic pregnancy; or |
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(D) treat a maternal disease or illness for which |
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a prescribed drug, medicine, or other substance is indicated. |
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(b) To obtain an abortion, a pregnant woman who is not |
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required to complete the resource awareness session as provided by |
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Subsection (a) must complete and certify with her signature an |
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affidavit stating she is not required to complete the resource |
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awareness session for a reason listed in Subsection (a). |
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Sec. 171.103. APPLICABILITY. This subchapter does not |
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apply to an abortion performed in a medical emergency, as defined by |
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Section 171.002. |
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SECTION 4. (a) The executive commissioner of the Health and |
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Human Services Commission shall adopt the rules required by |
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Subchapter E, Chapter 171, Health and Safety Code, as added by this |
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Act, not later than January 1, 2016. |
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(b) The Health and Human Services Commission shall make the |
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resource awareness session described by Subchapter E, Chapter 171, |
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Health and Safety Code, as added by this Act, available not later |
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than June 1, 2016. |
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SECTION 5. The change in law made by this Act applies only |
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to an abortion performed or induced on or after July 1, 2016. An |
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abortion performed or induced before July 1, 2016, is governed by |
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the law in effect immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 6. 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, 2015. |