83S30121 AJZ-D
	By: Callegari	H.B. No. 21

	A BILL TO BE ENTITLED
	AN ACT
	relating to a pregnant woman's completion of a resource awareness
	session before performance or inducement of an abortion; providing
	penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 171, Health and Safety Code, is amended
	by adding Subchapter E to read as follows:
	SUBCHAPTER E.  RESOURCE AWARENESS SESSION
	Sec. 171.101.  RESOURCE AWARENESS SESSION. (a)  The Health
	and Human Services Commission, in consultation with the department
	and the Department of Family and Protective Services, shall:
	(1)  develop a resource awareness session of not more
	than three hours that provides information regarding:
	(A)  a pregnant woman's option to place her child
	for adoption;
	(B)  women's health before and during pregnancy;
	and
	(C)  available resources for pregnant women and
	their children, including:
	(i)  the federal special supplemental
	nutrition program for women, infants, and children authorized by 42
	U.S.C. Section 1786;
	(ii)  the supplemental nutrition assistance
	program under Chapter 33, Human Resources Code; and
	(iii)  information on selection of a
	physician;
	(2)  make the session available at no cost to any person
	who wishes to take the session on the commission's Internet website
	in English, Spanish, and any other language the executive
	commissioner determines appropriate; and
	(3)  provide a dated certificate of completion to each
	person who completes the session.
	(b)  Except as provided by Section 171.102, a pregnant woman
	may not obtain an abortion unless the woman completes the resource
	awareness session described by Subsection (a) and submits the
	certificate of completion to the physician performing or inducing
	the abortion.  The session must be completed not more than 30 days
	and not less than 24 hours before the abortion is performed or
	induced.
	(c)  Except as provided by Section 171.102, a physician may
	not perform or induce an abortion on a pregnant woman without first
	receiving from the woman a certificate of completion described by
	Subsection (a)(3) for a resource awareness session completed by the
	woman in the time authorized under Subsection (b).
	(d)  The executive commissioner of the Health and Human
	Services Commission, in consultation with the department and the
	Department of Family and Protective Services, shall adopt the rules
	necessary to implement this subchapter, including rules to provide
	pregnant minors with access to the resource awareness session.
	Sec. 171.102.  APPLICABILITY. This subchapter does not
	apply to:
	(1)  an abortion performed or induced if there exists a
	condition that, in the physician's reasonable medical judgment, so
	complicates the medical condition of the woman that, to avert the
	woman's death or a serious risk of substantial and irreversible
	physical impairment of a major bodily function, other than a
	psychological condition, it necessitates the immediate abortion of
	her pregnancy;
	(2)  an abortion performed on a minor whose pregnancy
	is a result of a sexual assault, incest, or other violation of the
	Penal Code that has been reported to law enforcement authorities or
	that has not been reported because she has a reason that she
	declines to reveal because she reasonably believes that to do so
	would put her at risk of retaliation resulting in serious bodily
	injury; or
	(3)  an act done with the intent to:
	(A)  save the life or preserve the health of an
	unborn child;
	(B)  remove a dead, unborn child whose death was
	caused by spontaneous abortion;
	(C)  remove an ectopic pregnancy; or
	(D)  treat a maternal disease or illness for which
	a prescribed drug, medicine, or other substance is indicated.
	SECTION 2.  Section 164.052(a), Occupations Code, as
	effective on the 91st day after the last day of the 83rd
	Legislature, 2nd Called Session, 2013, is amended to read as
	follows:
	(a)  A physician or an applicant for a license to practice
	medicine commits a prohibited practice if that person:
	(1)  submits to the board a false or misleading
	statement, document, or certificate in an application for a
	license;
	(2)  presents to the board a license, certificate, or
	diploma that was illegally or fraudulently obtained;
	(3)  commits fraud or deception in taking or passing an
	examination;
	(4)  uses alcohol or drugs in an intemperate manner
	that, in the board's opinion, could endanger a patient's life;
	(5)  commits unprofessional or dishonorable conduct
	that is likely to deceive or defraud the public, as provided by
	Section 164.053, or injure the public;
	(6)  uses an advertising statement that is false,
	misleading, or deceptive;
	(7)  advertises professional superiority or the
	performance of professional service in a superior manner if that
	advertising is not readily subject to verification;
	(8)  purchases, sells, barters, or uses, or offers to
	purchase, sell, barter, or use, a medical degree, license,
	certificate, or diploma, or a transcript of a license, certificate,
	or diploma in or incident to an application to the board for a
	license to practice medicine;
	(9)  alters, with fraudulent intent, a medical license,
	certificate, or diploma, or a transcript of a medical license,
	certificate, or diploma;
	(10)  uses a medical license, certificate, or diploma,
	or a transcript of a medical license, certificate, or diploma that
	has been:
	(A)  fraudulently purchased or issued;
	(B)  counterfeited; or
	(C)  materially altered;
	(11)  impersonates or acts as proxy for another person
	in an examination required by this subtitle for a medical license;
	(12)  engages in conduct that subverts or attempts to
	subvert an examination process required by this subtitle for a
	medical license;
	(13)  impersonates a physician or permits another to
	use the person's license or certificate to practice medicine in
	this state;
	(14)  directly or indirectly employs a person whose
	license to practice medicine has been suspended, canceled, or
	revoked;
	(15)  associates in the practice of medicine with a
	person:
	(A)  whose license to practice medicine has been
	suspended, canceled, or revoked; or
	(B)  who has been convicted of the unlawful
	practice of medicine in this state or elsewhere;
	(16)  performs or procures a criminal abortion, aids or
	abets in the procuring of a criminal abortion, attempts to perform
	or procure a criminal abortion, or attempts to aid or abet the
	performance or procurement of a criminal abortion;
	(17)  directly or indirectly aids or abets the practice
	of medicine by a person, partnership, association, or corporation
	that is not licensed to practice medicine by the board;
	(18)  performs an abortion on a woman who is pregnant
	with a viable unborn child during the third trimester of the
	pregnancy unless:
	(A)  the abortion is necessary to prevent the
	death of the woman;
	(B)  the viable unborn child has a severe,
	irreversible brain impairment; or
	(C)  the woman is diagnosed with a significant
	likelihood of suffering imminent severe, irreversible brain damage
	or imminent severe, irreversible paralysis;
	(19)  performs an abortion on an unemancipated minor
	without the written consent of the child's parent, managing
	conservator, or legal guardian or without a court order, as
	provided by Section 33.003 or 33.004, Family Code, authorizing the
	minor to consent to the abortion, unless the physician concludes
	that on the basis of the physician's good faith clinical judgment, a
	condition exists that complicates the medical condition of the
	pregnant minor and necessitates the immediate abortion of her
	pregnancy to avert her death or to avoid a serious risk of
	substantial impairment of a major bodily function and that there is
	insufficient time to obtain the consent of the child's parent,
	managing conservator, or legal guardian; [or]
	(20)  performs or induces or attempts to perform or
	induce an abortion in violation of Subchapter C, Chapter 171,
	Health and Safety Code; or
	(21)  performs or induces an abortion in violation of
	Subchapter E, Chapter 171, Health and Safety Code.
	SECTION 3.  (a)  The executive commissioner of the Health and
	Human Services Commission shall adopt the rules required by
	Subchapter E, Chapter 171, Health and Safety Code, as added by this
	Act, not later than January 1, 2014.
	(b)  The Health and Human Services Commission shall make the
	resource awareness session described by Subchapter E, Chapter 171,
	Health and Safety Code, as added by this Act, available on its
	Internet website not later than June 1, 2014.
	SECTION 4.  The change in law made by this Act applies only
	to an abortion performed or induced on or after July 1, 2014. An
	abortion performed or induced before July 1, 2014, is governed by
	the law in effect immediately before the effective date of this Act,
	and that law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect on the 91st day after the
	last day of the legislative session.