Bill Text: TX SB35 | 2013 | 83rd Legislature 2nd Special Session | Introduced

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Bill Title: Relating to the regulation of limited service pregnancy centers; providing penalties.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2013-07-09 - Filed [SB35 Detail]

Download: Texas-2013-SB35-Introduced.html

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By: Rodriguez, et al. S.B. No. 35

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of limited service pregnancy centers;
providing penalties.
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 172 to read as follows:
CHAPTER 172. LIMITED SERVICE PREGNANCY CENTERS
Sec. 172.001. 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) "Licensed health care practitioner" means an
individual who is licensed or certified by or registered in this
state to provide health care services.
(3) "Limited service pregnancy center" means an
organization, including a pregnancy counseling organization or
crisis pregnancy center, that for a fee or free of charge provides
pregnancy counseling or information but does not perform abortions
or make referrals to an abortion provider, does not provide or make
referrals for comprehensive birth control services, and is not
licensed or certified by this state or the federal government to
provide medical or health care services. The term does not include a
licensed health care provider, hospital, or family planning clinic
that performs abortions or provides contraception or provides
abortion or contraception referrals.
(4) "Pregnancy-related medical service" means a
medical service provided to a pregnant woman by a health care
provider licensed in this state.
Sec. 172.002. REQUIREMENTS FOR MATERIALS PROVIDED. All
materials and information provided to a pregnant woman by a limited
service pregnancy center must be scientifically accurate and
evidence-based, as determined by a medical organization or
physician group.
Sec. 172.003. NON-DIRECTIVE COUNSELING AND INFORMATION
REQUIRED. A limited service pregnancy center that receives state
money shall provide to each client comprehensive, non-directive
reproductive health care counseling and information, including
information on planning, birth control, pregnancy, and post-partum
health.
Sec. 172.004. POSTED NOTICE REQUIRED. (a) A limited
service pregnancy center shall prominently display, at the entrance
of the center, two black and white signs, one in English and one in
Spanish, that contain the following statement: "This center is not
a licensed medical facility."
(b) Each sign required under Subsection (a) must be at least
8-1/2 by 11 inches in size and clearly legible from outside the
center. The text for the sign must be in at least 48-point font
size.
Sec. 172.005. CIVIL AND CRIMINAL PENALTIES. (a) A person
commits an offense if the person violates Section 172.002 or
172.003. An offense under this subsection is a Class A misdemeanor.
(b) In addition to being subject to a criminal penalty, a
person who intentionally violates Section 172.002 or 172.003 is
liable for a civil penalty in an amount not to exceed $10,000 for
each violation. The amount shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
and
(4) any other matter that justice may require.
(c) The attorney general or a district or county attorney of
the county in which the violation is alleged to have occurred may
sue to collect a civil penalty under this section. 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.
(d) A separate civil penalty may be collected for each day a
continuing violation occurs.
(e) The penalties provided by this section are in addition
to any other penalty provided by law, including Chapter 17,
Business & Commerce Code, and Chapter 165, Occupations Code.
Sec. 172.006. APPLICATION OF DECEPTIVE TRADE PRACTICES ACT.
(a) A person who violates Section 172.004 commits a false,
misleading, or deceptive act or practice within the meaning of
Section 17.46, Business & Commerce Code.
(b) A public or private right or remedy under Chapter 17,
Business & Commerce Code, may be used to enforce Section 172.004.
SECTION 2. This Act takes effect on the 91st day after the
last day of the legislative session.