Bill Text: TX HB3230 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the regulation of limited service pregnancy centers; providing penalties.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-03-18 - Referred to Public Health [HB3230 Detail]
Download: Texas-2011-HB3230-Introduced.html
82R11045 YDB-F | ||
By: Hernandez Luna | H.B. No. 3230 |
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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) "Advertise" means to offer goods or services to | ||
the public without regard to whether the goods or services are | ||
offered for payment or result in a profit. | ||
(2) "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. | ||
(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. PROHIBITED ADVERTISING. (a) A person may not | ||
advertise with the intent to deceptively create the impression that | ||
the person is a provider of pregnancy-related medical services if | ||
the person is not a health care provider licensed in this state and | ||
authorized by law to provide pregnancy-related medical services. | ||
(b) A person may not advertise a limited service pregnancy | ||
center or an organization that refers women to limited service | ||
pregnancy centers without including the following disclaimer in | ||
the advertisement: "This center does not provide abortions or refer | ||
to abortion providers. This center does not provide or refer to | ||
providers of United States Food and Drug Administration-approved | ||
birth control drugs and medical devices." | ||
Sec. 172.003. 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 does | ||
not perform abortions or provide referrals to abortion providers. | ||
This center does not provide or refer to providers of United States | ||
Food and Drug Administration-approved birth control drugs and | ||
medical devices." | ||
(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. 172.004. 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. | ||
SECTION 2. This Act takes effect September 1, 2011. |