reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 244.013 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 244 - Birthing Centers|Section 244.013. Criminal Penalty

Sec. 244.013.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 244.003(a).(b)  An offense under this section is a Class C misdemeanor.(c)  Each day of a continuing violation constitutes a separate offense.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 244.014 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 244 - Birthing Centers|Section 244.014. Civil Penalty

Sec. 244.014.  CIVIL PENALTY.  (a)  A person who violates this chapter or who fails to comply with a rule adopted under this chapter is liable for a civil penalty of not less than $100 or more than $500 for each violation if the department determines the violation threatens the health and safety of a patient.(b)  Each day of a continuing violation constitutes a separate ground for recovery.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 245.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.001. Short Title

Sec. 245.001.  SHORT TITLE.  This chapter may be cited as the Texas Abortion Facility Reporting and Licensing Act.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 245.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.002. Definitions

Sec. 245.002.  DEFINITIONS.  In this chapter:(1)  "Abortion" means the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to cause the death of an unborn child of a woman known to be pregnant.  The term does not include birth control devices or oral contraceptives.  An act is not an abortion if the act is 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; or(C)  remove an ectopic pregnancy.(2)  "Abortion facility" means a place where abortions are performed.(3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(62), eff. April 2, 2015.(4)  "Department" means the Department of State Health Services.(4-a)  "Ectopic pregnancy" means the implantation of a fertilized egg or embryo outside of the uterus.(4-b)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(5)  "Patient" means a female on whom an abortion is performed, but does not include a fetus.(6)  "Person" means an individual, firm, partnership, corporation, or association.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0685, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(62), eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 8, eff. September 1, 2017.|
TX Health & Safety Code § 245.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.003. License Required

Sec. 245.003.  LICENSE REQUIRED.  (a)  Except as provided by Section 245.004, a person may not establish or operate an abortion facility in this state without an appropriate license issued under this chapter.(b)  Each abortion facility must have a separate license.(c)  A license is not transferable or assignable.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 245.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.004. Exemptions From Licensing Requirement

Text of section as amended by Acts 2003, 78th Leg., Ch. 198, Sec. 2.63 (a).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 for the purpose of performing more than 50 abortions in any 12-month period.(b)  In computing the number of abortions performed in the office of a physician under Subsection (a)(2), an abortion performed in accordance with Section 245.016 is not included.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 22.01, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.788, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 198, Sec. 2.63(a), eff. Sept. 1, 2003.|
TX Health & Safety Code § 245.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.004. Exemptions From Licensing Requirement

Text of section as amended by Acts 2003, 78th Leg., Ch. 999, Sec. 2Sec. 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);(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 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 10 abortion procedures during any month;  or(B)  at least 100 abortion procedures in a 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 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.(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.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 22.01, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.788, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 999, Sec. 2, eff. Sept. 1, 2003.|
TX Health & Safety Code § 245.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.005. License Application and Issuance

Sec. 245.005.  LICENSE APPLICATION AND ISSUANCE.  (a)  An applicant for an abortion facility license must submit an application to the department on a form prescribed by the department.(b)  Each application must be accompanied by a nonrefundable license fee in an amount set by the executive commissioner by rule.(c)  The application must contain evidence that there are one or more physicians on the staff of the facility who are licensed by the Texas Medical Board.(d)  The department shall issue a license if, after inspection and investigation, it finds that the applicant and the abortion facility meet the requirements of this chapter and the standards adopted under this chapter.(e)  As a condition for renewal of a license, the licensee must submit to the department the annual license renewal fee and an annual report.(f)  Information regarding the licensing status of an abortion facility is an open record for the purposes of Chapter 552, Government Code, and shall be made available by the department on request.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 856, Sec. 2, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0686, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 9, eff. September 1, 2017.|
TX Health & Safety Code § 245.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.006. Inspections

Sec. 245.006.  INSPECTIONS.  (a)  The department shall inspect an abortion facility at random, unannounced, and reasonable times as necessary to ensure compliance with this chapter, Subchapter B, Chapter 171, and Chapter 33, Family Code.(b)  The department shall inspect an abortion facility before renewing the facility's license under Section 245.005(e).|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 8, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 12, eff. January 1, 2016.|
TX Health & Safety Code § 245.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.007. Fees

Sec. 245.007.  FEES.  The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter and Chapter 171.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 999, Sec. 3, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0687, eff. April 2, 2015.|
TX Health & Safety Code § 245.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.009. Adoption of Rules

Sec. 245.009.  ADOPTION OF RULES.  The executive commissioner  shall adopt rules necessary to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an abortion facility.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0688, eff. April 2, 2015.|
TX Health & Safety Code § 245.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.010. Minimum Standards

Sec. 245.010.  MINIMUM STANDARDS.  (a)  The rules must contain minimum standards to protect the health and safety of a patient of an abortion facility and must contain provisions requiring compliance with the requirements of Subchapter B, Chapter 171.  On and after September 1, 2014, the minimum standards for an abortion facility must be equivalent to the minimum standards adopted under Section 243.010 for ambulatory surgical centers.(b)  Only a physician as defined by Subtitle B, Title 3, Occupations Code, may perform an abortion.(c)  Repealed by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 8, eff. September 1, 2014.(d)  This section does not authorize the executive commissioner  to:(1)  establish the qualifications of a licensed practitioner; or(2)  permit a person to provide health care services who is not authorized to provide those services under other laws of this state.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 23, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.789, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 999, Sec. 4, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 4, eff. October 29, 2013.Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 8, eff. September 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0689, eff. April 2, 2015.|
TX Health & Safety Code § 245.0105 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.0105. Unique Identifying Number; Disclosure in Advertisement

Sec. 245.0105.  UNIQUE IDENTIFYING NUMBER;  DISCLOSURE IN ADVERTISEMENT.  (a)  The department shall assign to each abortion facility a unique license number that may not change during the period the facility is operating in this state.(b)  An abortion facility shall include the unique license number assigned to the facility by the department in any abortion advertisement directly relating to the provision of abortion services at the facility.(c)  In this section, "abortion advertisement" means:(1)  any communication that advertises the availability of abortion services at an abortion facility and that is disseminated through a public medium, including an advertisement in a newspaper or other publication or an advertisement on television, radio, or any other electronic medium;  or(2)  any commercial use of the name of the facility as a provider of abortion services, including the use of the name in a directory, listing, or pamphlet.|Added by Acts 1997, 75th Leg., ch. 1120, Sec. 2, eff. Sept. 1, 1997.|
TX Health & Safety Code § 245.0115 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.0115. Notification

Sec. 245.0115.  NOTIFICATION.  Not later than the seventh day after the date the report required by Section 245.011 is due, the commissioner of state health services shall notify the Texas Medical Board of a violation of that section.|Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 12, eff. September 1, 2017.|
TX Health & Safety Code § 245.0116 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.0116. Department Report

Sec. 245.0116.  DEPARTMENT REPORT.  (a)  The department shall publish on its Internet website a monthly report containing aggregate data of the information in the reports submitted under Section 245.011.(b)  The department's monthly report may not identify by any means an abortion facility, a physician performing the abortion, or a patient.|Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 12, eff. September 1, 2017.|
TX Health & Safety Code § 245.012 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.012. Denial, Suspension, Probation, or Revocation of License

Sec. 245.012.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license for a violation of this chapter or a rule adopted under this chapter.(b)  The denial, suspension, or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.(c)  The department may immediately suspend or revoke a license when the health and safety of persons are threatened.  If the department issues an order of immediate suspension or revocation, the department shall immediately give the chief executive officer of the abortion facility adequate notice of the action and the procedure governing appeal of the action.  A person whose license is suspended or revoked under this subsection is entitled to a hearing not later than the 14th day after the effective date of the suspension or revocation.(d)  If the department finds that an abortion facility is in repeated noncompliance with this chapter or rules adopted under this chapter but that the noncompliance does not in any way involve the health and safety of the public or an individual, the department may schedule the facility for probation rather than suspending or revoking the facility's license.  The department shall provide notice to the facility of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins.  The department shall designate a period of not less than 30 days during which the facility will remain under probation.  During the probation period, the facility must correct the items that were in noncompliance and report the corrections to the department for approval.(e)  The department may suspend or revoke the license of an abortion facility that does not correct items that were in noncompliance or that does not comply with this chapter or the rules adopted under this chapter within the applicable probation period.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 23, Sec. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 802, Sec. 7, 8, eff. June 20, 2003.|
TX Health & Safety Code § 245.013 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.013. Injunction

Sec. 245.013.  INJUNCTION.  (a)  The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter if the department finds that the violation creates an immediate threat to the health and safety of the patients of an abortion facility.(b)  A district court, on petition of the department and on a finding by the court that a person is violating the standards or licensing requirements provided under this chapter, may by injunction:(1)  prohibit a person from continuing a violation of the standards or licensing requirements provided under this chapter; (2)  restrain or prevent the establishment or operation of an abortion facility without a license issued under this chapter;  or(3)  grant any other injunctive relief warranted by the facts.(c)  The attorney general may institute and conduct a suit authorized by this section at the request of the department.(d)  Venue for a suit brought under this section is in the county in which the abortion facility is located or in Travis County.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 245.014 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.014. Criminal Penalty

Sec. 245.014.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 245.003(a).(b)  An offense under this section is a Class A misdemeanor.(c)  Each day of a continuing violation constitutes a separate offense.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 22.02, eff. Sept. 1, 1999.|
TX Health & Safety Code § 245.015 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.015. Civil Penalty

Sec. 245.015.  CIVIL PENALTY.  (a)  A person who knowingly violates this chapter or who knowingly fails to comply with a rule adopted under this chapter is liable for a civil penalty of not less than $100 or more than $500 for each violation if the department determines the violation threatens the health and safety of a patient.(b)  Each day of a continuing violation constitutes a separate ground for recovery.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 245.016 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.016. Abortion in Unlicensed Abortion Facility to Prevent Death or Serious Impairment

Sec. 245.016.  ABORTION IN UNLICENSED ABORTION FACILITY TO PREVENT DEATH OR SERIOUS IMPAIRMENT.  This chapter does not remove the responsibility or limit the ability of a physician to perform an abortion in an unlicensed abortion facility if, at the commencement of the abortion, the physician reasonably believes that the abortion is necessary to prevent the death of the patient or to prevent serious impairment of the patient's physical health.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 22.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 245.017 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.017. Administrative Penalty

Sec. 245.017.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter.(b)  The penalty may not exceed $1,000 for each violation.  Each day of a continuing violation constitutes a separate violation.(c)  In determining the amount of an administrative penalty assessed under this section, the department shall consider:(1)  the seriousness of the violation;(2)  the history of previous violations;(3)  the amount necessary to deter future violations;(4)  efforts made to correct the violation;  and(5)  any other matters that justice may require.(d)  All proceedings for the assessment of an administrative penalty under this chapter are subject to Chapter 2001, Government Code.|Added by Acts 1997, 75th Leg., ch. 23, Sec. 4, eff. Sept. 1, 1997.|
TX Health & Safety Code § 245.018 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 245 - Abortion Facilities|Section 245.018. Report Recommending Administrative Penalty

Sec. 245.018.  REPORT RECOMMENDING ADMINISTRATIVE PENALTY.  (a)  If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department shall give written notice of the violation to the person alleged to have committed the violation.  The notice shall include:(1)  a brief summary of the alleged violation;(2)  a statement of the amount of the proposed penalty, based on the factors listed in Section 245.017(c);  and(3)  a statement of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.(b)  Not later than the 20th day after the date the notice is received, the person notified may accept the determination of the department made under this section, including the recommended penalty, or make a written request for a hearing on that determination.(c)  If the person notified of the violation accepts the determination of the department, the department shall order the person to pay the recommended penalty.|Added by Acts 1997, 75th Leg., ch. 23, Sec. 4, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0690, eff. April 2, 2015.|