By: Paxton, et al.	S.B. No. 2243

	A BILL TO BE ENTITLED
	AN ACT
	relating to required counseling before an abortion is performed.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 171, Health and Safety
	Code, is amended by adding Section 171.01205 to read as follows:
	Sec. 171.01205.  PRE-ABORTION COUNSELING REQUIRED. (a)  In
	addition to the informed consent requirements under Section
	171.012, except during a medical emergency, and before the abortion
	is performed, the physician who is to perform an abortion shall
	certify using a unique identifying number, devoid of personally
	identifying information of the pregnant woman on whom the abortion
	is to be performed, that:
	(1)  the pregnant woman received pre-abortion
	counseling at no cost to the pregnant woman from a counselor who:
	(A)  meets the qualifications established by
	commission rule;
	(B)  is not employed by, is not contracted with,
	and does not have a pecuniary interest in a facility licensed under
	Chapter 245;
	(C)  is authorized under a contract with the
	commission to provide counseling services in accordance with this
	subsection; and
	(D)  provides the certification described by
	Subdivision (3) not later than one business day or as soon as
	practicable after the date of the woman's initial appointment with
	the counselor;
	(2)  the counselor provided the pregnant woman in
	accordance with commission rules:
	(A)  medically accurate information using the
	informational materials described by Section 171.014;
	(B)  an assessment of and offer of assistance in
	obtaining support services other than abortion that the pregnant
	woman may need or be eligible for, including housing, employment,
	resume development, child care, medical care, adoption services,
	and health benefit plan coverage;
	(C)  education on available state and local
	resources to address the pregnant woman's socioeconomic needs; and
	(D)  screening for family violence, coercion of
	abortion, and human trafficking; and
	(3)  the counselor certified using a unique identifying
	number, devoid of personally identifying information of the
	pregnant woman, that the pregnant woman completed the counseling.
	(b)  A counselor described by Subsection (a) shall report to
	the commission de-identified demographic information obtained
	through counseling provided under that subsection to assist the
	commission in determining the supply and demand of social services
	in the pregnant woman's geographic region.
	SECTION 2.  Section 171.0121, Health and Safety Code, is
	amended to read as follows:
	Sec. 171.0121.  MEDICAL RECORD. (a)  Before the abortion
	begins, a copy of the signed, written certification received by the
	physician under Section 171.012(a)(6) and documentation of the
	completed counseling required under Section 171.01205 must be
	placed in the pregnant woman's medical records.
	(b)  A copy of the signed, written certification required
	under Sections 171.012(a)(5) and (6) and documentation of the
	completed counseling required under Section 171.01205 shall be
	retained by the facility where the abortion is performed until:
	(1)  the seventh anniversary of the date it is signed;
	or
	(2)  if the pregnant woman is a minor, the later of:
	(A)  the seventh anniversary of the date it is
	signed; or
	(B)  the woman's 21st birthday.
	SECTION 3.  (a)  Notwithstanding Section 171.01205, Health
	and Safety Code, as added by this Act, and Section 171.0121, Health
	and Safety Code, as amended by this Act, a physician is not required
	to comply with the changes in law made by this Act before March 1,
	2021.
	(b)  Not later than December 1, 2020, the executive
	commissioner of the Health and Human Services Commission shall
	adopt rules as necessary to implement this Act.
	(c)  Not later than March 1, 2021, the Health and Human
	Services Commission shall contract with one or more counseling
	providers throughout the state to provide the services described by
	Section 171.01205, Health and Safety Code, as added by this Act.
	SECTION 4.  The changes in law made by this Act apply only to
	an abortion performed on or after March 1, 2021. An abortion
	performed before March 1, 2021, is governed by the law applicable to
	the abortion immediately before the effective date of this Act, and
	that law is continued in effect for that purpose.
	SECTION 5.  It is the intent of the legislature that every
	provision, section, subsection, sentence, clause, phrase, or word
	in this Act, and every application of the provisions in this Act to
	each person or entity, are severable from each other. If any
	application of any provision in this Act to any person, group of
	persons, or circumstances is found by a court to be invalid for any
	reason, the remaining applications of that provision to all other
	persons and circumstances shall be severed and may not be affected.
	SECTION 6.  The Health and Human Services Commission is
	required to implement a provision of this Act only if the
	legislature appropriates money specifically for that purpose. If
	the legislature does not appropriate money specifically for that
	purpose, the commission may, but is not required to, implement a
	provision of this Act using other appropriations available for that
	purpose.
	SECTION 7.  This Act takes effect September 1, 2019.