Bill Text: TX SB33 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas Senate Bill 33 (Prior Session Legislation)

Introduced

Bill Title: Relating to abortion reporting and exemptions to abortion facility licensing; creating a criminal offense.

Sponsorship: Partisan Bill (Republican 5)

Status: (Introduced - Dead) 2021-07-13 - Co-author authorized [SB33 Detail]

Download: Texas-2021-SB33-Introduced.html

	87S10341 SCL-D

	By: Perry	S.B. No. 33



	A BILL TO BE ENTITLED
	AN ACT
	relating to abortion reporting and exemptions to abortion facility
	licensing; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 171, Health and Safety
	Code, is amended by adding Section 171.009 to read as follows:
	Sec. 171.009. REPORTING REQUIREMENTS FOR ABORTIONS
	PERFORMED OUTSIDE ABORTION FACILITY; CRIMINAL OFFENSE. (a) A
	physician who performs an abortion at a location other than an
	abortion facility licensed under Chapter 245 must complete and
	submit a monthly report to the commission on each abortion
	performed by the physician. The report must be submitted on a form
	provided by the commission.
	(b) The report may not identify by any means the patient.
	(c) The report must include:
	(1) the type of facility at which the abortion was
	performed and the licensing status of that facility;
	(2) the patient's year of birth, race, marital status,
	and state and county of residence;
	(3) the type of abortion procedure performed;
	(4) the date the abortion was performed;
	(5) whether the patient survived the abortion, and if
	the patient did not survive, the cause of death;
	(6) the probable post-fertilization age of the unborn
	child based on the best medical judgment of the attending physician
	at the time of the procedure;
	(7) the date, if known, of the patient's last menstrual
	cycle;
	(8) the number of previous live births of the patient;
	(9) the number of previous induced abortions of the
	patient; and
	(10) the county in which the abortion was performed.
	(d) All information and records held by the commission under
	this section are confidential and are not open records for the
	purposes of Chapter 552, Government Code. That information may not
	be released or made public on subpoena or otherwise, except that
	release may be made:
	(1) for statistical purposes, but only if a person,
	patient, or physician performing an abortion is not identified;
	(2) with the consent of each person, patient, and
	physician identified in the information released;
	(3) to medical personnel, appropriate state agencies,
	or county and district courts to enforce this chapter; or
	(4) to appropriate state licensing boards to enforce
	state licensing laws.
	(e) A person commits an offense if the person violates
	Subsection (b), (c), or (d). An offense under this subsection is a
	Class A misdemeanor.
	(f) Not later than the 15th day of each month, a physician
	shall submit to the commission the report required by this section
	for each abortion performed by the physician at a location other
	than an abortion facility in the preceding calendar month.
	(g) The commission shall establish and maintain a secure
	electronic reporting system for the submission of the reports
	required by this section. The commission shall adopt procedures to
	enforce this section and to ensure that only physicians who perform
	one or more abortions during the preceding calendar month are
	required to file the reports under this section for that month.
	SECTION 2. Section 245.004, Health and Safety Code, as
	amended by Chapters 198 (H.B. 2292) and 999 (H.B. 15), Acts of the
	78th Legislature, Regular Session, 2003, is reenacted and amended
	to read as follows:
	Sec. 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT. (a)
	The following facilities need not be licensed under this chapter:
	(1) a hospital licensed under Chapter 241 (Texas
	Hospital Licensing Law); [or]
	(2) the office of a physician licensed under Subtitle
	B, Title 3, Occupations Code, unless the office is used
	substantially for the purpose of performing [~~more than 50~~]
	abortions; or
	(3) an ambulatory surgical center licensed under
	Chapter 243.
	(b) For purposes of this section, a facility is used
	substantially for the purpose of performing abortions if the
	facility:
	(1) is a provider for performing:
	(A) at least five [10] abortion procedures during
	any month; or
	(B) at least 50 [~~100~~] abortion procedures in a
	12-month period [~~year~~];
	(2) operates less than 20 days in a month and the
	facility, in any month, is a provider for performing a number of
	abortion procedures that would be equivalent to at least five [10]
	procedures in a month if the facility were operating at least 20
	days in a month;
	(3) holds itself out to the public as an abortion
	provider by advertising by any public means, including advertising
	placed in a newspaper, telephone directory, magazine, or electronic
	medium, that the facility performs abortions; or
	(4) applies for an abortion facility license.
	(b-1) In computing the number of abortions performed for
	purposes of Subsections (b)(1) and (2), an abortion performed in
	accordance with Section 245.016 is not included.
	(c) For purposes of this section, an abortion facility is
	operating if the facility is open for any period of time during a
	day and has on site at the facility or on call a physician available
	to perform abortions.
	SECTION 3. Section 245.011(c), Health and Safety Code, as
	effective September 1, 2021, is amended to read as follows:
	(c) The report must include:
	(1) whether the abortion facility at which the
	abortion is performed is licensed under this chapter;
	(2) the patient's year of birth, race, marital status,
	and state and county of residence;
	(3) the type of abortion procedure performed;
	(4) the date the abortion was performed;
	(5) whether the patient survived the abortion, and if
	the patient did not survive, the cause of death;
	(6) the probable post-fertilization age of the unborn
	child based on the best medical judgment of the attending physician
	at the time of the procedure;
	(7) the date, if known, of the patient's last menstrual
	cycle;
	(8) the number of previous live births of the patient;
	(9) the number of previous induced abortions of the
	patient;
	(10) whether the abortion was performed or induced
	because of a medical emergency and any medical condition of the
	pregnant woman that required the abortion; [~~and~~]
	(11) the county in which the abortion was performed;
	and
	(12) the information required under Sections
	171.008(a) and (c).
	SECTION 4. Section 245.002, Health and Safety Code, is
	amended by adding Subdivision (3) to read as follows:
	(3) "Commission" means the Health and Human Services
	Commission.
	SECTION 5. Section 245.0116, Health and Safety Code, is
	amended to read as follows:
	Sec. 245.0116. COMMISSION [~~DEPARTMENT~~] REPORT. (a) The
	commission [~~department~~] shall publish on its Internet website a
	monthly report containing aggregate data of the information in the
	reports submitted under Sections [~~Section~~] 171.009 and 245.011. The
	report must specify the number of abortions performed in each
	county during the reporting period.
	(b) The commission's [~~department's~~] monthly report may not
	identify by any means an abortion facility, a physician performing
	the abortion, or a patient.
	SECTION 6. The changes in law made by this Act apply only to
	an abortion performed on or after the effective date of this Act.
	SECTION 7. This Act takes effect December 1, 2021.