Bill Text: TX HB2735 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to professional liability insurance or bond for certain physicians performing or inducing an abortion; creating a criminal offense.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2019-03-11 - Referred to Public Health [HB2735 Detail]

Download: Texas-2019-HB2735-Introduced.html
  86R11299 SCL-D
 
  By: Kacal H.B. No. 2735
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to professional liability insurance or bond for certain
  physicians performing or inducing an abortion; 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 171.0035 to read as follows:
         Sec. 171.0035.  LIABILITY INSURANCE OR BOND REQUIRED;
  CRIMINAL OFFENSE. (a) A physician performing or inducing an
  abortion shall maintain professional liability insurance in an
  amount of at least $1 million for each occurrence or file with the
  commission a bond in an amount of at least $1 million if the
  physician performed or induced an average of five or more abortions
  per month during the preceding calendar year and:
               (1)  at least twice during the preceding seven calendar
  years was the subject of a civil action arising from an abortion
  performed or induced by the physician;
               (2)  during the preceding seven calendar years has been
  disciplined by the Texas Medical Board for unprofessional,
  unethical, or negligent conduct arising from an abortion performed
  or induced by the physician; or
               (3)  is employed by or owns an abortion facility
  licensed under Chapter 245 that the commission determines has
  continued to violate that chapter or a rule adopted under that
  chapter after an initial inspection identified the violation.
         (b)  The insurance or bond required by this section must be
  payable to a woman who incurred damages as a result of a
  complication from an abortion performed or induced by the physician
  who is insured or filed the bond.
         (c)  A physician who is not in compliance with this section
  may not perform or induce an abortion.
         (d)  A physician who violates this section commits an
  offense. An offense under this section is a Class A misdemeanor
  punishable by a fine only, in an amount not to exceed $4,000.
         SECTION 2.  The change in law made by this Act applies only
  to an abortion performed or induced on or after January 1, 2020.
         SECTION 3.  This Act takes effect September 1, 2019.
feedback