reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 169 - First Offender Solicitation of Prostitution Prevention Program › Section 169.003. Program Powers and Duties

Sec. 169.003.  PROGRAM POWERS AND DUTIES.  (a)  A first offender solicitation of prostitution prevention program established under this chapter must:
(1)  ensure that a person eligible for the program is provided legal counsel before volunteering to proceed through the program and while participating in the program;
(2)  allow any participant to withdraw from the program at any time before a trial on the merits has been initiated;
(3)  provide each participant with information, counseling, and services relating to sex addiction, sexually transmitted diseases, mental health, and substance abuse; and
(4)  provide each participant with classroom instruction related to the prevention of the solicitation of prostitution.
(b)  To provide each program participant with information, counseling, and services described by Subsection (a)(3), a program established under this chapter may employ a person or solicit a volunteer who is:
(1)  a health care professional;
(2)  a psychologist;
(3)  a licensed social worker or counselor;
(4)  a former prostitute;
(5)  a family member of a person arrested for soliciting prostitution;
(6)  a member of a neighborhood association or community that is adversely affected by the commercial sex trade or trafficking of persons; or
(7)  an employee of a nongovernmental organization specializing in advocacy or laws related to sex trafficking or human trafficking or in providing services to victims of those offenses.
(c)  A program established under this chapter shall establish and publish local procedures to promote maximum participation of eligible defendants in programs established in the county or municipality in which the defendants reside.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1289 (H.B. 1994), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 48, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 169 - First Offender Solicitation of Prostitution Prevention Program › Section 169.004. Oversight

Sec. 169.004.  OVERSIGHT.  (a)  The lieutenant governor and the speaker of the house of representatives may assign to appropriate legislative committees duties relating to the oversight of first offender solicitation of prostitution prevention programs established under this chapter.
(b)  A legislative committee or the governor may request the state auditor to perform a management, operations, or financial or accounting audit of a first offender solicitation of prostitution prevention program established under this chapter.
(c)  A first offender solicitation of prostitution prevention program established under this chapter shall:
(1)  notify the criminal justice division of the governor's office before or on implementation of the program; and
(2)  provide information regarding the performance of the program to the division on request.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1289 (H.B. 1994), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 49, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 169 - First Offender Solicitation of Prostitution Prevention Program › Section 169.005. Reimbursement Fees

Sec. 169.005.  REIMBURSEMENT FEES.  (a) A first offender solicitation of prostitution prevention program established under this chapter may collect from a participant in the program a nonrefundable reimbursement fee for the program in a reasonable amount not to exceed $1,000, from which the following must be paid:
(1)  a counseling and services reimbursement fee in an amount necessary to cover the costs of the counseling and services provided by the program; and
(2)  a law enforcement training reimbursement fee, in an amount equal to five percent of the total amount paid under Subdivision (1), to be deposited to the credit of the treasury of the county or municipality that established the program to cover costs associated with the provision of training to law enforcement personnel on domestic violence, prostitution, and the trafficking of persons.
(b)  Reimbursement fees collected under this section may be paid on a periodic basis or on a deferred payment schedule at the discretion of the judge, magistrate, or program director administering the first offender solicitation of prostitution prevention program. The fees must be based on the participant's ability to pay.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1289 (H.B. 1994), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.51, eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 49, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 169 - First Offender Solicitation of Prostitution Prevention Program › Section 169.006. Suspension or Dismissal of Community Service Requirement

Sec. 169.006.  SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE REQUIREMENT.  (a)  To encourage participation in a first offender solicitation of prostitution prevention program established under this chapter, the judge or magistrate administering the program may suspend any requirement that, as a condition of community supervision, a participant in the program work a specified number of hours at a community service project.
(b)  On a participant's successful completion of a first offender solicitation of prostitution prevention program, a judge or magistrate may excuse the participant from any condition of community supervision previously suspended under Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1289 (H.B. 1994), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 49, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 170 - Prohibited Acts Regarding Abortion › Section 170.001. Definitions

Sec. 170.001.  DEFINITIONS.  In this chapter:
(1)  "Abortion" has the meaning assigned by Section 245.002.
(2)  "Physician" means an individual licensed to practice medicine in this state.
(3)  "Viable" means the stage of fetal development when, in the medical judgment of the attending physician based on the particular facts of the case, an unborn child possesses the capacity to live outside its mother's womb after its premature birth from any cause.  The term does not include a fetus whose biparietal diameter is less than 60 millimeters.
Added by Acts 1999, 76th Leg., ch. 388, Sec. 5, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.001, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 170 - Prohibited Acts Regarding Abortion › Section 170.002. Prohibited Acts; Exemption

Sec. 170.002.  PROHIBITED ACTS;  EXEMPTION.  (a)  Except as provided by Subsection (b), a person may not intentionally or knowingly perform an abortion on a woman who is pregnant with a viable unborn child during the third trimester of the pregnancy.
(b)  Subsection (a) does not prohibit a person from performing an abortion if at the time of the abortion the person is a physician and concludes in good faith according to the physician's best medical judgment that:
(1)  the fetus is not a viable fetus and the pregnancy is not in the third trimester;
(2)  the abortion is necessary to prevent the death or a substantial risk of serious impairment to the physical or mental health of the woman;  or
(3)  the fetus has a severe and irreversible abnormality, identified by reliable diagnostic procedures.
(c)  A physician who performs an abortion that, according to the physician's best medical judgment at the time of the abortion, is to abort a viable unborn child during the third trimester of the pregnancy shall certify in writing to the commission, on a form prescribed by the commission, the medical indications supporting the physician's judgment that the abortion was authorized by Subsection (b)(2) or (3).  If the physician certifies the abortion was authorized by Subsection (b)(3), the physician shall certify in writing on the form the fetal abnormality identified by the physician.  The certification must be made not later than the 30th day after the date the abortion was performed.
Added by Acts 1999, 76th Leg., ch. 388, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 9 (H.B. 215), Sec. 1, eff. November 14, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 170A - Performance of Abortion › Section 170A.001. Definitions

Sec. 170A.001.  DEFINITIONS.  In this chapter:
(1)  "Abortion" has the meaning assigned by Section 245.002.
(2)  "Fertilization" means the point in time when a male human sperm penetrates the zona pellucida of a female human ovum.
(3)  "Pregnant" means the female human reproductive condition of having a living unborn child within the female's body during the entire embryonic and fetal stages of the unborn child's development from fertilization until birth.
(4)  "Reasonable medical judgment" means a medical judgment made by a reasonably prudent physician, knowledgeable about a case and the treatment possibilities for the medical conditions involved.
(5)  "Unborn child" means an individual living member of the homo sapiens species from fertilization until birth, including the entire embryonic and fetal stages of development.
Added by Acts 2021, 87th Leg., R.S., Ch. 800 (H.B. 1280), Sec. 2, eff. August 25, 2022.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 170A - Performance of Abortion › Section 170A.002. Prohibited Abortion; Exceptions

Sec. 170A.002.  PROHIBITED ABORTION; EXCEPTIONS.  (a)  A person may not knowingly perform, induce, or attempt an abortion.
(b)  The prohibition under Subsection (a) does not apply if:
(1)  the person performing, inducing, or attempting the abortion is a licensed physician;
(2)  in the exercise of reasonable medical judgment, the pregnant female on whom the abortion is performed, induced, or attempted has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced; and
(3)  the person performs, induces, or attempts the abortion in a manner that, in the exercise of reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in the reasonable medical judgment, that manner would create:
(A)  a greater risk of the pregnant female's death; or
(B)  a serious risk of substantial impairment of a major bodily function of the pregnant female.
(c)  A physician may not take an action authorized under Subsection (b) if, at the time the abortion was performed, induced, or attempted, the person knew the risk of death or a substantial impairment of a major bodily function described by Subsection (b)(2) arose from a claim or diagnosis that the female would engage in conduct that might result in the female's death or in substantial impairment of a major bodily function.
(d)  Medical treatment provided to the pregnant female by a licensed physician that results in the accidental or unintentional injury or death of the unborn child does not constitute a violation of this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 800 (H.B. 1280), Sec. 2, eff. August 25, 2022.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 170A - Performance of Abortion › Section 170A.003. Construction of Chapter

Sec. 170A.003.  CONSTRUCTION OF CHAPTER.  This chapter may not be construed to authorize the imposition of criminal, civil, or administrative liability or penalties on a pregnant female on whom an abortion is performed, induced, or attempted.
Added by Acts 2021, 87th Leg., R.S., Ch. 800 (H.B. 1280), Sec. 2, eff. August 25, 2022.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 170A - Performance of Abortion › Section 170A.004. Criminal Offense

Sec. 170A.004.  CRIMINAL OFFENSE.  (a)  A person who violates Section 170A.002 commits an offense.
(b)  An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if an unborn child dies as a result of the offense.
Added by Acts 2021, 87th Leg., R.S., Ch. 800 (H.B. 1280), Sec. 2, eff. August 25, 2022.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 170A - Performance of Abortion › Section 170A.005. Civil Penalty

Sec. 170A.005.  CIVIL PENALTY.  A person who violates Section 170A.002 is subject to a civil penalty of not less than $100,000 for each violation.  The attorney general shall file an action to recover a civil penalty assessed under this section and may recover attorney's fees and costs incurred in bringing the action.
Added by Acts 2021, 87th Leg., R.S., Ch. 800 (H.B. 1280), Sec. 2, eff. August 25, 2022.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 170A - Performance of Abortion › Section 170A.006. Civil Remedies Unaffected

Sec. 170A.006.  CIVIL REMEDIES UNAFFECTED.  The fact that conduct is subject to a civil or criminal penalty under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
Added by Acts 2021, 87th Leg., R.S., Ch. 800 (H.B. 1280), Sec. 2, eff. August 25, 2022.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 170A - Performance of Abortion › Section 170A.007. Disciplinary Action

Sec. 170A.007.  DISCIPLINARY ACTION.  In addition to any other penalty that may be imposed under this chapter, the appropriate licensing authority shall revoke the license, permit, registration, certificate, or other authority of a physician or other health care professional who performs, induces, or attempts an abortion in violation of Section 170A.002.
Added by Acts 2021, 87th Leg., R.S., Ch. 800 (H.B. 1280), Sec. 2, eff. August 25, 2022.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter A. General Provisions › Section 171.001. Short Title

Sec. 171.001.  SHORT TITLE.  This chapter may be called the Woman's Right to Know Act.
Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter A. General Provisions › Section 171.002. Definitions

Sec. 171.002.  DEFINITIONS.  In this chapter:
(1)  "Abortion" has the meaning assigned by Section 245.002.
(2)  "Abortion provider" means a facility where an abortion is performed, including the office of a physician and a facility licensed under Chapter 245.
(3)  "Medical emergency" means a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed.
(4)  "Sonogram" means the use of ultrasonic waves for diagnostic or therapeutic purposes, specifically to monitor an unborn child.
Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter A. General Provisions › Section 171.003. Physician to Perform

Sec. 171.003.  PHYSICIAN TO PERFORM.  An abortion may be performed only by a physician licensed to practice medicine in this state.
Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter A. General Provisions › Section 171.0031. Requirements of Physician; Offense

Sec. 171.0031.  REQUIREMENTS OF PHYSICIAN; OFFENSE.  (a)  A physician performing or inducing an abortion:
(1)  must, on the date the abortion is performed or induced, have active admitting privileges at a hospital that:
(A)  is located not further than 30 miles from the location at which the abortion is performed or induced; and
(B)  provides obstetrical or gynecological health care services; and
(2)  shall provide the pregnant woman with:
(A)  a telephone number by which the pregnant woman may reach the physician, or other health care personnel employed by the physician or by the facility at which the abortion was performed or induced with access to the woman's relevant medical records, 24 hours a day to request assistance for any complications that arise from the performance or induction of the abortion or ask health-related questions regarding the abortion; and
(B)  the name and telephone number of the nearest hospital to the home of the pregnant woman at which an emergency arising from the abortion would be treated.
(b)  A physician who violates Subsection (a) commits an offense.  An offense under this section is a Class A misdemeanor punishable by a fine only, not to exceed $4,000.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 2, eff. October 29, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter A. General Provisions › Section 171.004. Abortion of Fetus Age 16 Weeks or More

Sec. 171.004.  ABORTION OF FETUS AGE 16 WEEKS OR MORE.  An abortion of a fetus age 16 weeks or more may be performed only at an ambulatory surgical center or hospital licensed to perform the abortion.
Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter A. General Provisions › Section 171.005. Commission to Enforce; Exception

Sec. 171.005.  COMMISSION TO ENFORCE; EXCEPTION.  The commission shall enforce this chapter except for Subchapter H, which shall be enforced exclusively through the private civil enforcement actions described by Section 171.208 and may not be enforced by the commission.
Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter A. General Provisions › Section 171.008. Required Documentation

Sec. 171.008.  REQUIRED DOCUMENTATION.  (a)  If an abortion is performed or induced on a pregnant woman because of a medical emergency, the physician who performs or induces the abortion shall execute a written document that certifies the abortion is necessary due to a medical emergency and specifies the woman's medical condition requiring the abortion.
(b)  A physician shall:
(1)  place the document described by Subsection (a) in the pregnant woman's medical record; and
(2)  maintain a copy of the document described by Subsection (a) in the physician's practice records.
(c)  A physician who performs or induces an abortion on a pregnant woman shall:
(1)  if the abortion is performed or induced to preserve the health of the pregnant woman, execute a written document that:
(A)  specifies the medical condition the abortion is asserted to address; and
(B)  provides the medical rationale for the physician's conclusion that the abortion is necessary to address the medical condition; or
(2)  for an abortion other than an abortion described by Subdivision (1), specify in a written document that maternal health is not a purpose of the abortion.
(d)  The physician shall maintain a copy of a document described by Subsection (c) in the physician's practice records.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter B. Informed Consent › Section 171.011. Informed Consent Required

Sec. 171.011.  INFORMED CONSENT REQUIRED.  A person may not perform an abortion without the voluntary and informed consent of the woman on whom the abortion is to be performed.
Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter B. Informed Consent › Section 171.0121. Medical Record

Sec. 171.0121.  MEDICAL RECORD.  (a)  Before the abortion begins, a copy of the signed, written certification received by the physician under Section 171.012(a)(6) must be placed in the pregnant woman's medical records.
(b)  A copy of the signed, written certification required under Sections 171.012(a)(5) and (6) shall be retained by the facility where the abortion is performed until:
(1)  the seventh anniversary of the date it is signed; or
(2)  if the pregnant woman is a minor, the later of:
(A)  the seventh anniversary of the date it is signed; or
(B)  the woman's 21st birthday.
Added by Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter B. Informed Consent › Section 171.0122. Viewing Printed Materials and Sonogram Image; Hearing Heart Auscultation or Verbal Explanation

Sec. 171.0122.  VIEWING PRINTED MATERIALS AND SONOGRAM IMAGE; HEARING HEART AUSCULTATION OR VERBAL EXPLANATION.  (a)  A pregnant woman may choose not to view the printed materials provided under Section 171.012(a)(3) after she has been provided the materials.
(b)  A pregnant woman may choose not to view the sonogram images required to be provided to and reviewed with the pregnant woman under Section 171.012(a)(4).
(c)  A pregnant woman may choose not to hear the heart auscultation required to be provided to and reviewed with the pregnant woman under Section 171.012(a)(4).
(d)  A pregnant woman may choose not to receive the verbal explanation of the results of the sonogram images under Section 171.012(a)(4)(C) if:
(1)  the woman's 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;
(2)  the woman is a minor and obtaining an abortion in accordance with judicial bypass procedures under Chapter 33, Family Code; or
(3)  the fetus has an irreversible medical condition or abnormality, as previously identified by reliable diagnostic procedures and documented in the woman's medical file.
(e)  The physician and the pregnant woman are not subject to a penalty under this chapter solely because the pregnant woman chooses not to view the printed materials or the sonogram images, hear the heart auscultation, or receive the verbal explanation, if waived as provided by this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter B. Informed Consent › Section 171.0123. Paternity and Child Support Information

Sec. 171.0123.  PATERNITY AND CHILD SUPPORT INFORMATION.  If, after being provided with a sonogram and the information required under this subchapter, the pregnant woman chooses not to have an abortion, the physician or an agent of the physician shall provide the pregnant woman with a publication developed by the Title IV-D agency that provides information about paternity establishment and child support, including:
(1)  the steps necessary for unmarried parents to establish legal paternity;
(2)  the benefits of paternity establishment for children;
(3)  the steps necessary to obtain a child support order;
(4)  the benefits of establishing a legal parenting order; and
(5)  financial and legal responsibilities of parenting.
Added by Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter B. Informed Consent › Section 171.0124. Exception for Medical Emergency

Sec. 171.0124.  EXCEPTION FOR MEDICAL EMERGENCY.  A physician may perform an abortion without obtaining informed consent under this subchapter in a medical emergency.  A physician who performs an abortion in a medical emergency shall:
(1)  include in the patient's medical records a statement signed by the physician certifying the nature of the medical emergency; and
(2)  not later than the 30th day after the date the abortion is performed, certify to the department the specific medical condition that constituted the emergency.
Added by Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0519, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter B. Informed Consent › Section 171.013. Distribution of State Materials

Sec. 171.013.  DISTRIBUTION OF STATE MATERIALS.  (a)  The physician or the physician's agent shall furnish copies of the materials described by Section 171.014 to the pregnant woman at least 24 hours before the abortion is to be performed and shall direct the pregnant woman to the Internet website required to be published under Section 171.014(e).  The physician or the physician's agent may furnish the materials to the pregnant woman by mail if the materials are mailed, restricted delivery to addressee, at least 72 hours before the abortion is to be performed.
(b)  A physician or the physician's agent is not required to furnish copies of the materials if the woman provides the physician with a written statement that she chooses to view the materials on the Internet website sponsored by the department.
(c)  The physician and the physician's agent may disassociate themselves from the materials and may choose to comment on the materials or to refrain from commenting.
Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter B. Informed Consent › Section 171.014. Informational Materials

Sec. 171.014.  INFORMATIONAL MATERIALS.  (a)  The department shall publish informational materials that include:
(1)  the information required to be provided under Sections 171.012(a)(1)(B) and (D) and (a)(2)(A), (B), and (C);  and
(2)  the materials required by Sections 171.015 and 171.016.
(b)  The materials shall be published in:
(1)  English and Spanish;
(2)  an easily comprehensible form;  and
(3)  a typeface large enough to be clearly legible.
(c)  The materials shall be available at no cost from the department on request.  The department shall provide appropriate quantities of the materials to any person.
(d)  The department shall annually review the materials to determine if changes to the contents of the materials are necessary.  The executive commissioner shall adopt rules necessary for considering and making changes to the materials.
(e)  The department shall develop and maintain an Internet website to display the information required to be published under this section.  In developing and maintaining the website the department shall, to the extent reasonably practicable, safeguard the website against alterations by anyone other than the department and shall monitor the website each day to prevent and correct tampering.  The department shall ensure that the website does not collect or maintain information regarding access to the website.
(f)  In addition to any other organization or entity, the department shall use the American College of Obstetricians and Gynecologists as the resource in developing information required to be provided under Sections 171.012(a)(1)(B) and (D), Sections 171.012(a)(2)(A), (B), and (C), and Section 171.016, and in maintaining the department's Internet website.
Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0520, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter B. Informed Consent › Section 171.015. Information Relating to Public and Private Agencies

Sec. 171.015.  INFORMATION RELATING TO PUBLIC AND PRIVATE AGENCIES.  The informational materials must include:
(1)  geographically indexed materials designed to inform the pregnant woman of public and private agencies and services that:
(A)  are available to assist a woman through pregnancy, childbirth, and the child's dependency, including:
(i)  a comprehensive list of adoption agencies;
(ii)  a description of the services the adoption agencies offer;
(iii)  a description of the manner, including telephone numbers, in which an adoption agency may be contacted; and
(iv)  a comprehensive list of agencies and organizations that offer sonogram services at no cost to the pregnant woman;
(B)  do not provide abortions or abortion-related services or make referrals to abortion providers; and
(C)  are not affiliated with organizations that provide abortions or abortion-related services or make referrals to abortion providers; and
(2)  a toll-free, 24-hour telephone number that may be called to obtain an oral list and description of agencies described by Subdivision (1) that are located near the caller and of the services the agencies offer.
Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter B. Informed Consent › Section 171.016. Information Relating to Characteristics of Unborn Child

Sec. 171.016.  INFORMATION RELATING TO CHARACTERISTICS OF UNBORN CHILD.  (a)  The informational materials must include materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a woman can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival.
(b)  The materials must include color pictures representing the development of the child at two-week gestational increments.  The pictures must contain the dimensions of the unborn child and must be realistic.
(c)  The materials provided under this section must be objective and nonjudgmental and be designed to convey only accurate scientific information about the unborn child at the various gestational ages.
Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter B. Informed Consent › Section 171.017. Periods Run Concurrently

Sec. 171.017.  PERIODS RUN CONCURRENTLY.  If the woman is an unemancipated minor subject to Chapter 33, Family Code, the 24-hour periods established under Sections 171.012(b) and 171.013(a) may run concurrently with the period during which actual or constructive notice is provided under Section 33.002, Family Code.
Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter B. Informed Consent › Section 171.018. Offense

Sec. 171.018.  OFFENSE.  A physician who intentionally performs an abortion on a woman in violation of this subchapter commits an offense.  An offense under this section is a misdemeanor punishable by a fine not to exceed $10,000. In this section, "intentionally" has the meaning assigned by Section 6.03(a), Penal Code.
Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter C. Abortion Prohibited at or After 20 Weeks Post-Fertilization › Section 171.041. Short Title

Sec. 171.041.  SHORT TITLE.  This subchapter may be cited as the Preborn Pain Act.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter C. Abortion Prohibited at or After 20 Weeks Post-Fertilization › Section 171.042. Definitions

Sec. 171.042.  DEFINITIONS.  In this subchapter:
(1)  "Post-fertilization age" means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum.
(2)  "Severe fetal abnormality" has the meaning assigned by Section 285.202.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter C. Abortion Prohibited at or After 20 Weeks Post-Fertilization › Section 171.043. Determination of Post-Fertilization Age Required

Sec. 171.043.  DETERMINATION OF POST-FERTILIZATION AGE REQUIRED.  Except as otherwise provided by Section 171.046, a physician may not perform or induce or attempt to perform or induce an abortion without, prior to the procedure:
(1)  making a determination of the probable post-fertilization age of the unborn child; or
(2)  possessing and relying on a determination of the probable post-fertilization age of the unborn child made by another physician.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter C. Abortion Prohibited at or After 20 Weeks Post-Fertilization › Section 171.044. Abortion of Unborn Child of 20 or More Weeks Post-Fertilization Age Prohibited

Sec. 171.044.  ABORTION OF UNBORN CHILD OF 20 OR MORE WEEKS POST-FERTILIZATION AGE PROHIBITED.  Except as otherwise provided by Section 171.046, a person may not perform or induce or attempt to perform or induce an abortion on a woman if it has been determined, by the physician performing, inducing, or attempting to perform or induce the abortion or by another physician on whose determination that physician relies, that the probable post-fertilization age of the unborn child is 20 or more weeks.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter C. Abortion Prohibited at or After 20 Weeks Post-Fertilization › Section 171.045. Method of Abortion

Sec. 171.045.  METHOD OF ABORTION.  (a)  This section applies only to an abortion authorized under Section 171.046(a)(1) or (2) in which:
(1)  the probable post-fertilization age of the unborn child is 20 or more weeks; or
(2)  the probable post-fertilization age of the unborn child has not been determined but could reasonably be 20 or more weeks.
(b)  Except as otherwise provided by Section 171.046(a)(3), a physician performing an abortion under Subsection (a) shall terminate the pregnancy in the manner that, in the physician's reasonable medical judgment, provides the best opportunity for the unborn child to survive.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter C. Abortion Prohibited at or After 20 Weeks Post-Fertilization › Section 171.046. Exceptions

Sec. 171.046.  EXCEPTIONS.  (a)  The prohibitions and requirements under Sections 171.043, 171.044, and 171.045(b) do not apply to an abortion performed 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, as applicable:
(1)  the immediate abortion of her pregnancy without the delay necessary to determine the probable post-fertilization age of the unborn child;
(2)  the abortion of her pregnancy even though the post-fertilization age of the unborn child is 20 or more weeks; or
(3)  the use of a method of abortion other than a method described by Section 171.045(b).
(b)  A physician may not take an action authorized under Subsection (a) if the risk of death or a substantial and irreversible physical impairment of a major bodily function arises from a claim or diagnosis that the woman will engage in conduct that may result in her death or in substantial and irreversible physical impairment of a major bodily function.
(c)  The prohibitions and requirements under Sections 171.043, 171.044, and 171.045(b) do not apply to an abortion performed on an unborn child who has a severe fetal abnormality.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter C. Abortion Prohibited at or After 20 Weeks Post-Fertilization › Section 171.047. Protection of Privacy in Court Proceedings

Sec. 171.047.  PROTECTION OF PRIVACY IN COURT PROCEEDINGS.  (a)  Except as otherwise provided by this section, in a civil or criminal proceeding or action involving an act prohibited under this subchapter, the identity of the woman on whom an abortion has been performed or induced or attempted to be performed or induced is not subject to public disclosure if the woman does not give consent to disclosure.
(b)  Unless the court makes a ruling under Subsection (c) to allow disclosure of the woman's identity, the court shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to protect the woman's identity from public disclosure.
(c)  A court may order the disclosure of information that is confidential under this section if:
(1)  a motion is filed with the court requesting release of the information and a hearing on that request;
(2)  notice of the hearing is served on each interested party; and
(3)  the court determines after the hearing and an in camera review that disclosure is essential to the administration of justice and there is no reasonable alternative to disclosure.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter C. Abortion Prohibited at or After 20 Weeks Post-Fertilization › Section 171.048. Construction of Subchapter

Sec. 171.048.  CONSTRUCTION OF SUBCHAPTER.  (a)   This subchapter shall be construed, as a matter of state law, to be enforceable up to but no further than the maximum possible extent consistent with federal constitutional requirements, even if that construction is not readily apparent, as such constructions are authorized only to the extent necessary to save the subchapter from judicial invalidation.  Judicial reformation of statutory language is explicitly authorized only to the extent necessary to save the statutory provision from invalidity.
(b)  If any court determines that a provision of this subchapter is unconstitutionally vague, the court shall interpret the provision, as a matter of state law, to avoid the vagueness problem and shall enforce the provision to the maximum possible extent.  If a federal court finds any provision of this subchapter or its application to any person, group of persons, or circumstances to be unconstitutionally vague and declines to impose the saving construction described by this subsection, the Supreme Court of Texas shall provide an authoritative construction of the objectionable statutory provisions that avoids the constitutional problems while enforcing the statute's restrictions to the maximum possible extent, and shall agree to answer any question certified from a federal appellate court regarding the statute.
(c)  A state executive or administrative official may not decline to enforce this subchapter, or adopt a construction of this subchapter in a way that narrows its applicability, based on the official's own beliefs about what the state or federal constitution requires, unless the official is enjoined by a state or federal court from enforcing this subchapter.
(d)  This subchapter may not be construed to authorize the prosecution of or a cause of action to be brought against a woman on whom an abortion is performed or induced or attempted to be performed or induced in violation of this subchapter.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter D. Abortion-Inducing Drugs › Section 171.061. Definitions

Sec. 171.061.  DEFINITIONS.  In this subchapter:
(1)  "Abortion" has the meaning assigned by Section 245.002.  This definition, as applied in this subchapter, may not be construed to apply to an act done with the intent to treat a maternal disease or illness for which a prescribed drug, medicine, or other substance is indicated.
(2)  "Abortion-inducing drug" means a drug, a medicine, or any other substance, including a regimen of two or more drugs, medicines, or substances, prescribed, dispensed, or administered with the intent of terminating a clinically diagnosable pregnancy of a woman and with knowledge that the termination will, with reasonable likelihood, cause the death of the woman's unborn child.  The term includes off-label use of drugs, medicines, or other substances known to have abortion-inducing properties that are prescribed, dispensed, or administered with the intent of causing an abortion, including the Mifeprex regimen, misoprostol (Cytotec), and methotrexate.  The term does not include a drug, medicine, or other substance that may be known to cause an abortion but is prescribed, dispensed, or administered for other medical reasons.
(2-a)  "Adverse event"  or "abortion complication" means any harmful event or adverse outcome with respect to a patient related to an abortion, including the abortion complications listed in Section 171.006, as added by Chapter 4 (H.B. 13), Acts of the 85th Legislature, 1st Called Session, 2017.
(3)  Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 7(1), eff. December 2, 2021.
(4)  "Gestational age" means the amount of time that has elapsed since the first day of a woman's last menstrual period.
(5)  "Medical abortion" means the administration or use of an abortion-inducing drug to induce an abortion, and may also be referred to as a "medication abortion," a "chemical abortion," a "drug-induced abortion," "RU-486," or the "Mifeprex regimen".
(6)  Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 7(1), eff. December 2, 2021.
(7)  "Physician" means an individual who is licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathic medicine.
(8)  "Pregnant" means the female reproductive condition of having an unborn child in a woman's uterus.
(8-a)  "Provide" means, as used with regard to abortion-inducing drugs, any act of giving, selling, dispensing, administering, transferring possession, or otherwise providing or prescribing an abortion-inducing drug.
(9)  "Unborn child" means an offspring of human beings from conception until birth.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 5, eff. September 1, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 3, eff. December 2, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 7(1), eff. December 2, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter D. Abortion-Inducing Drugs › Section 171.062. Enforcement by Texas Medical Board

Sec. 171.062.  ENFORCEMENT BY TEXAS MEDICAL BOARD.  Notwithstanding Section 171.005, the Texas Medical Board shall enforce this subchapter.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter D. Abortion-Inducing Drugs › Section 171.0631. Voluntary and Informed Consent Required

Sec. 171.0631.  VOLUNTARY AND INFORMED CONSENT REQUIRED.  A person may not provide an abortion-inducing drug to a pregnant woman without satisfying the applicable informed consent requirements of Subchapter B.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 6, eff. December 2, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter D. Abortion-Inducing Drugs › Section 171.0632. Reporting Requirements

Sec. 171.0632.  REPORTING REQUIREMENTS.  A physician who provides an abortion-inducing drug must comply with the applicable physician reporting requirements under Section 245.011.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 6, eff. December 2, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter D. Abortion-Inducing Drugs › Section 171.064. Administrative Penalty

Sec. 171.064.  ADMINISTRATIVE PENALTY.  (a)  The Texas Medical Board may take disciplinary action under Chapter 164, Occupations Code, or assess an administrative penalty under Subchapter A, Chapter 165, Occupations Code, against a person who violates Section 171.063.
(b)  A penalty may not be assessed under this section against a pregnant woman who receives a medical abortion.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter D. Abortion-Inducing Drugs › Section 171.065. Criminal Offense

Sec. 171.065.  CRIMINAL OFFENSE.  (a)  A person who intentionally, knowingly, or recklessly violates this subchapter commits an offense.  An offense under this subsection is a state jail felony.
(b)  A pregnant woman on whom a drug-induced abortion is attempted, induced, or performed in violation of this subchapter is not criminally liable for the violation.
(c)  Conduct constituting an offense under this section may also be the basis for an administrative violation under Section 171.064.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 6, eff. December, 2 2021.