reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter D. Abortion-Inducing Drugs › Section 171.066. Enforcement of Subchapter

Sec. 171.066.  ENFORCEMENT OF SUBCHAPTER.  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 on the requirements of the state or federal constitution, unless the official is enjoined by a state or federal court from enforcing this subchapter.
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 E. Education and Training Programs on Trafficking of Persons for Certain Facility Personnel › Section 171.081. Applicability

Sec. 171.081.  APPLICABILITY.  This subchapter applies to each person who:
(1)  is employed by, volunteers at, or performs services under contract with:
(A)  an abortion facility licensed under Chapter 245; or
(B)  an ambulatory surgical center licensed under Chapter 243 that performs more than 50 abortions in any 12-month period; and
(2)  has direct contact with patients of the facility.
Added by Acts 2015, 84th Leg., R.S., Ch. 999 (H.B. 416), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter E. Education and Training Programs on Trafficking of Persons for Certain Facility Personnel › Section 171.082. Education and Training Programs on Trafficking of Persons

Sec. 171.082.  EDUCATION AND TRAINING PROGRAMS ON TRAFFICKING OF PERSONS.  (a)  The executive commissioner of the Health and Human Services Commission by rule shall require a person described by Section 171.081 to complete within a reasonable time after beginning work at the facility a training program to identify and assist victims of human trafficking.
(b)  A training program under this section must use the standardized curriculum created by the human trafficking prevention task force under Section 402.035(d)(6), Government Code.
(c)  The department shall make available to each facility described by Sections 171.081(1)(A) and (B) the training program required under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 999 (H.B. 416), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter F. Partial-Birth Abortions › Section 171.101. Definitions

Sec. 171.101.  DEFINITIONS.  In this subchapter:
(1)  "Partial-birth abortion" means an abortion in which the person performing the abortion:
(A)  for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus, deliberately and intentionally vaginally delivers a living fetus until:
(i)  for a head-first presentation, the entire fetal head is outside the body of the mother; or
(ii)  for a breech presentation, any part of the fetal trunk past the navel is outside the body of the mother; and
(B)  performs the overt act described in Paragraph (A), other than completion of delivery, that kills the partially delivered living fetus.
(2)  "Physician" means an individual who is licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathic medicine.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter F. Partial-Birth Abortions › Section 171.102. Partial-Birth Abortions Prohibited

Sec. 171.102.  PARTIAL-BIRTH ABORTIONS PROHIBITED.  (a)  A physician or other person may not knowingly perform a partial-birth abortion.
(b)  Subsection (a) does not apply to a physician who performs a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter F. Partial-Birth Abortions › Section 171.103. Criminal Penalty

Sec. 171.103.  CRIMINAL PENALTY.  A person who violates Section 171.102 commits an offense.  An offense under this section is a state jail felony.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter F. Partial-Birth Abortions › Section 171.104. Civil Liability

Sec. 171.104.  CIVIL LIABILITY.  (a)  Except as provided by Subsection (b), the father of the fetus or a parent of the mother of the fetus, if the mother is younger than 18 years of age at the time of the partial-birth abortion, may bring a civil action to obtain appropriate relief, including:
(1)  money damages for physical injury, mental anguish, and emotional distress; and
(2)  exemplary damages equal to three times the cost of the partial-birth abortion.
(b)  A person may not bring or maintain an action under this section if:
(1)  the person consented to the partial-birth abortion; or
(2)  the person's criminally injurious conduct resulted in the pregnancy.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter F. Partial-Birth Abortions › Section 171.105. Hearing

Sec. 171.105.  HEARING.  (a)  A physician who is the subject of a criminal or civil action for a violation of Section 171.102 may request a hearing before the Texas Medical Board on whether the physician's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy.
(b)  The board's findings under Subsection (a) are admissible in any court proceeding against the physician arising from that conduct.  On the physician's motion, the court shall delay the beginning of a criminal or civil trial for not more than 60 days for the hearing to be held under Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter F. Partial-Birth Abortions › Section 171.106. Applicability

Sec. 171.106.  APPLICABILITY.  A woman on whom a partial-birth abortion is performed or attempted in violation of this subchapter may not be prosecuted under this subchapter or for conspiracy to commit a violation of this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter G. Dismemberment Abortions › Section 171.151. Definition

Sec. 171.151.  DEFINITION.  In this subchapter, "dismemberment abortion" means an abortion in which a person, with the purpose of causing the death of an unborn child, dismembers the living unborn child and extracts the unborn child one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or a similar instrument that, through the convergence of two rigid levers, slices, crushes, or grasps, or performs any combination of those actions on, a piece of the unborn child's body to cut or rip the piece from the body.  The term does not include an abortion that uses suction to dismember the body of an unborn child by sucking pieces of the unborn child into a collection container.  The term includes a dismemberment abortion that is used to cause the death of an unborn child and in which suction is subsequently used to extract pieces of the unborn child after the unborn child's death.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter G. Dismemberment Abortions › Section 171.152. Dismemberment Abortions Prohibited

Sec. 171.152.  DISMEMBERMENT ABORTIONS PROHIBITED.  (a)  A person may not intentionally perform a dismemberment abortion unless the dismemberment abortion is necessary in a medical emergency.
(b)  A woman on whom a dismemberment abortion is performed, an employee or agent acting under the direction of a physician who performs a dismemberment abortion, or a person who fills a prescription or provides equipment used in a dismemberment abortion does not violate Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter G. Dismemberment Abortions › Section 171.153. Criminal Penalty

Sec. 171.153.  CRIMINAL PENALTY.  (a)  A person who violates Section 171.152 commits an offense.
(b)  An offense under this section is a state jail felony.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter G. Dismemberment Abortions › Section 171.154. Construction of Subchapter

Sec. 171.154.  CONSTRUCTION OF SUBCHAPTER.  (a)  This subchapter shall be construed, as a matter of state law, to be enforceable to the maximum possible extent consistent with but not further than 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 concerning the requirements of the state or federal constitution, unless the official is enjoined by a state or federal court from enforcing this subchapter.
(d)  This subchapter may not be construed to:
(1)  authorize the prosecution of or a cause of action to be brought against a woman on whom an abortion is performed or induced in violation of this subchapter; or
(2)  create or recognize a right to abortion or a right to a particular method of abortion.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter H. Detection of Fetal Heartbeat › Section 171.201. Definitions

Sec. 171.201.  DEFINITIONS.  In this subchapter:
(1)  "Fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.
(2)  "Gestational age" means the amount of time that has elapsed from the first day of a woman's last menstrual period.
(3)  "Gestational sac" means the structure comprising the extraembryonic membranes that envelop the unborn child and that is typically visible by ultrasound after the fourth week of pregnancy.
(4)  "Physician" means an individual licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathic medicine.
(5)  "Pregnancy" means the human female reproductive condition that:
(A)  begins with fertilization;
(B)  occurs when the woman is carrying the developing human offspring; and
(C)  is calculated from the first day of the woman's last menstrual period.
(6)  "Standard medical practice" means the degree of skill, care, and diligence that an obstetrician of ordinary judgment, learning, and skill would employ in like circumstances.
(7)  "Unborn child" means a human fetus or embryo in any stage of gestation from fertilization until birth.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter H. Detection of Fetal Heartbeat › Section 171.202. Legislative Findings

Sec. 171.202.  LEGISLATIVE FINDINGS.  The legislature finds, according to contemporary medical research, that:
(1)  fetal heartbeat has become a key medical predictor that an unborn child will reach live birth;
(2)  cardiac activity begins at a biologically identifiable moment in time, normally when the fetal heart is formed in the gestational sac;
(3)  Texas has compelling interests from the outset of a woman's pregnancy in protecting the health of the woman and the life of the unborn child; and
(4)  to make an informed choice about whether to continue her pregnancy, the pregnant woman has a compelling interest in knowing the likelihood of her unborn child surviving to full-term birth based on the presence of cardiac activity.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter H. Detection of Fetal Heartbeat › Section 171.203. Determination of Presence of Fetal Heartbeat Required; Record

Sec. 171.203.  DETERMINATION OF PRESENCE OF FETAL HEARTBEAT REQUIRED; RECORD.  (a)  For the purposes of determining the presence of a fetal heartbeat under this section, "standard medical practice" includes employing the appropriate means of detecting the heartbeat based on the estimated gestational age of the unborn child and the condition of the woman and her pregnancy.
(b)  Except as provided by Section 171.205, a physician may not knowingly perform or induce an abortion on a pregnant woman unless the physician has determined, in accordance with this section, whether the woman's unborn child has a detectable fetal heartbeat.
(c)  In making a determination under Subsection (b), the physician must use a test that is:
(1)  consistent with the physician's good faith and reasonable understanding of standard medical practice; and
(2)  appropriate for the estimated gestational age of the unborn child and the condition of the pregnant woman and her pregnancy.
(d)  A physician making a determination under Subsection (b) shall record in the pregnant woman's medical record:
(1)  the estimated gestational age of the unborn child;
(2)  the method used to estimate the gestational age; and
(3)  the test used for detecting a fetal heartbeat, including the date, time, and results of the test.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter H. Detection of Fetal Heartbeat › Section 171.204. Prohibited Abortion of Unborn Child With Detectable Fetal Heartbeat; Effect

Sec. 171.204.  PROHIBITED ABORTION OF UNBORN CHILD WITH DETECTABLE FETAL HEARTBEAT; EFFECT.  (a)  Except as provided by Section 171.205, a physician may not knowingly perform or induce an abortion on a pregnant woman if the physician detected a fetal heartbeat for the unborn child as required by Section 171.203 or failed to perform a test to detect a fetal heartbeat.
(b)  A physician does not violate this section if the physician performed a test for a fetal heartbeat as required by Section 171.203 and did not detect a fetal heartbeat.
(c)  This section does not affect:
(1)  the provisions of this chapter that restrict or regulate an abortion by a particular method or during a particular stage of pregnancy; or
(2)  any other provision of state law that regulates or prohibits abortion.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter H. Detection of Fetal Heartbeat › Section 171.205. Exception for Medical Emergency; Records

Sec. 171.205.  EXCEPTION FOR MEDICAL EMERGENCY; RECORDS.  (a)  Sections 171.203 and 171.204 do not apply if a physician believes a medical emergency exists that prevents compliance with this subchapter.
(b)  A physician who performs or induces an abortion under circumstances described by Subsection (a) shall make written notations in the pregnant woman's medical record of:
(1)  the physician's belief that a medical emergency necessitated the abortion; and
(2)  the medical condition of the pregnant woman that prevented compliance with this subchapter.
(c)  A physician performing or inducing an abortion under this section shall maintain in the physician's practice records a copy of the notations made under Subsection (b).
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter H. Detection of Fetal Heartbeat › Section 171.206. Construction of Subchapter

Sec. 171.206.  CONSTRUCTION OF SUBCHAPTER.  (a)  This subchapter does not create or recognize a right to abortion before a fetal heartbeat is detected.
(b)  This subchapter may not be construed to:
(1)  authorize the initiation of a cause of action against or the prosecution of a woman on whom an abortion is performed or induced or attempted to be performed or induced in violation of this subchapter;
(2)  wholly or partly repeal, either expressly or by implication, any other statute that regulates or prohibits abortion, including Chapter 6-1/2, Title 71, Revised Statutes; or
(3)  restrict a political subdivision from regulating or prohibiting abortion in a manner that is at least as stringent as the laws of this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter H. Detection of Fetal Heartbeat › Section 171.207. Limitations on Public Enforcement

Sec. 171.207.  LIMITATIONS ON PUBLIC ENFORCEMENT.  (a)  Notwithstanding Section 171.005 or any other law, the requirements of this subchapter shall be enforced exclusively through the private civil actions described in Section 171.208.  No enforcement of this subchapter, and no enforcement of Chapters 19 and 22, Penal Code, in response to violations of this subchapter, may be taken or threatened by this state, a political subdivision, a district or county attorney, or an executive or administrative officer or employee of this state or a political subdivision against any person, except as provided in Section 171.208.
(b)  Subsection (a) may not be construed to:
(1)  legalize the conduct prohibited by this subchapter or by Chapter 6-1/2, Title 71, Revised Statutes;
(2)  limit in any way or affect the availability of a remedy established by Section 171.208; or
(3)  limit the enforceability of any other laws that regulate or prohibit abortion.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter H. Detection of Fetal Heartbeat › Section 171.209. Civil Liability: Undue Burden Defense Limitations

Sec. 171.209.  CIVIL LIABILITY:  UNDUE BURDEN DEFENSE LIMITATIONS.  (a)  A defendant against whom an action is brought under Section 171.208 does not have standing to assert the rights of women seeking an abortion as a defense to liability under that section unless:
(1)  the United States Supreme Court holds that the courts of this state must confer standing on that defendant to assert the third-party rights of women seeking an abortion in state court as a matter of federal constitutional law; or
(2)  the defendant has standing to assert the rights of women seeking an abortion under the tests for third-party standing established by the United States Supreme Court.
(b)  A defendant in an action brought under Section 171.208 may assert an affirmative defense to liability under this section if:
(1)  the defendant has standing to assert the third-party rights of a woman or group of women seeking an abortion in accordance with Subsection (a); and
(2)  the defendant demonstrates that the relief sought by the claimant will impose an undue burden on that woman or that group of women seeking an abortion.
(c)  A court may not find an undue burden under Subsection (b) unless the defendant introduces evidence proving that:
(1)  an award of relief will prevent a woman or a group of women from obtaining an abortion; or
(2)  an award of relief will place a substantial obstacle in the path of a woman or a group of women who are seeking an abortion.
(d)  A defendant may not establish an undue burden under this section by:
(1)  merely demonstrating that an award of relief will prevent women from obtaining support or assistance, financial or otherwise, from others in their effort to obtain an abortion; or
(2)  arguing or attempting to demonstrate that an award of relief against other defendants or other potential defendants will impose an undue burden on women seeking an abortion.
(e)  The affirmative defense under Subsection (b) is not available if the United States Supreme Court overrules Roe v. Wade, 410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505 U.S. 833 (1992), regardless of whether the conduct on which the cause of action is based under Section 171.208 occurred before the Supreme Court overruled either of those decisions.
(f)  Nothing in this section shall in any way limit or preclude a defendant from asserting the defendant's personal constitutional rights as a defense to liability under Section 171.208, and a court may not award relief under Section 171.208 if the conduct for which the defendant has been sued was an exercise of state or federal constitutional rights that personally belong to the defendant.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter H. Detection of Fetal Heartbeat › Section 171.210. Civil Liability: Venue

Sec. 171.210.  CIVIL LIABILITY:  VENUE.  (a)  Notwithstanding any other law, including Section 15.002, Civil Practice and Remedies Code, a civil action brought under Section 171.208 shall be brought in:
(1)  the county in which all or a substantial part of the events or omissions giving rise to the claim occurred;
(2)  the county of residence for any one of the natural person defendants at the time the cause of action accrued;
(3)  the county of the principal office in this state of any one of the defendants that is not a natural person; or
(4)  the county of residence for the claimant if the claimant is a natural person residing in this state.
(b)  If a civil action is brought under Section 171.208 in any one of the venues described by Subsection (a), the action may not be transferred to a different venue without the written consent of all parties.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 171 - Abortion › Subchapter H. Detection of Fetal Heartbeat › Section 171.211. Sovereign, Governmental, and Official Immunity Preserved

Sec. 171.211.  SOVEREIGN, GOVERNMENTAL, AND OFFICIAL IMMUNITY PRESERVED.  (a)  This section prevails over any conflicting law, including:
(1)  the Uniform Declaratory Judgments Act; and
(2)  Chapter 37, Civil Practice and Remedies Code.
(b)  This state has sovereign immunity, a political subdivision has governmental immunity, and each officer and employee of this state or a political subdivision has official immunity in any action, claim, or counterclaim or any type of legal or equitable action that challenges the validity of any provision or application of this chapter, on constitutional grounds or otherwise.
(c)  A provision of state law may not be construed to waive or abrogate an immunity described by Subsection (b) unless it expressly waives immunity under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 172 - Removal of Placenta From Hospital or Birthing Center › Section 172.001. Definitions

Sec. 172.001.  DEFINITIONS.  In this chapter:
(1)  "Birthing center" means a facility licensed under Chapter 244.
(2)  "Hospital" means a facility licensed under Chapter 241 or a hospital maintained or operated by this state.
Added by Acts 2015, 84th Leg., R.S., Ch. 740 (H.B. 1670), Sec. 1, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 172 - Removal of Placenta From Hospital or Birthing Center › Section 172.002. Removal of Placenta From Hospital or Birthing Center

Sec. 172.002.  REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING CENTER.  (a) Except for the portion of a delivered placenta that is necessary for an examination described by Subsection (d), a hospital or birthing center without a court order shall allow a woman who has given birth in the facility, or a spouse of the woman if the woman is incapacitated or deceased, to take possession of and remove from the facility the placenta if:
(1)  the woman tests negative for infectious diseases as evidenced by the results of the diagnostic testing required by Section 81.090; and
(2)  the person taking possession of the placenta signs a form prescribed by the department acknowledging that:
(A)  the person has received from the hospital or birthing center educational information prescribed by the department concerning the spread of blood-borne diseases from placentas, the danger of ingesting formalin, and the proper handling of placentas; and
(B)  the placenta is for personal use.
(b)  A person removing a placenta from a hospital or birthing center under this section may only retain the placenta for personal use and may not sell the placenta.
(c)  A hospital or birthing center shall retain a signed form received under Subsection (a) with the woman's medical records.
(d)  This section does not prohibit a pathological examination of the delivered placenta that is ordered by a physician or required by a policy of the hospital or birthing center.
(e)  This section does not authorize a woman or the woman's spouse to interfere with a pathological examination of the delivered placenta that is ordered by a physician or required by a policy of the hospital or birthing center.
(f)  A hospital or birthing center that allows a person to take possession of and remove from the facility a delivered placenta in compliance with this section is not required to dispose of the placenta as medical waste.
(g)  A hospital or birthing center that acts in accordance with this section is not liable for the act in a civil action, a criminal prosecution, or an administrative proceeding.
Added by Acts 2015, 84th Leg., R.S., Ch. 740 (H.B. 1670), Sec. 1, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 172 - Removal of Placenta From Hospital or Birthing Center › Section 172.003. Department Duties

Sec. 172.003. DEPARTMENT DUTIES.  The department shall develop the form and the educational information required under Section 172.002 and post a copy of the form and information on the department's Internet website.
Added by Acts 2015, 84th Leg., R.S., Ch. 740 (H.B. 1670), Sec. 1, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 173 - Donation of Human Fetal Tissue › Section 173.001. Definitions

Sec. 173.001.  DEFINITIONS.  In this chapter:
(1)  "Authorized facility" means:
(A)  a hospital licensed under Chapter 241;
(B)  a hospital maintained or operated by this state or an agency of this state;
(C)  an ambulatory surgical center licensed under Chapter 243; or
(D)  a birthing center licensed under Chapter 244.
(2)  "Human fetal tissue" means any gestational human organ, cell, or tissue from an unborn child.  The term does not include:
(A)  supporting cells or tissue derived from a pregnancy or associated maternal tissue that is not part of the unborn child; or
(B)  the umbilical cord or placenta, provided that the umbilical cord or placenta is not derived from an elective abortion.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 173 - Donation of Human Fetal Tissue › Section 173.002. Applicability

Sec. 173.002.  APPLICABILITY.  This chapter does not apply to:
(1)  human fetal tissue obtained for diagnostic or pathological testing;
(2)  human fetal tissue obtained for a criminal investigation;
(3)  human fetal tissue or human tissue obtained during pregnancy or at delivery of a child, provided the tissue is obtained by an accredited public or private institution of higher education for use in research approved by an institutional review board or another appropriate board, committee, or body charged with oversight applicable to the research; or
(4)  cell lines derived from human fetal tissue or human tissue existing on September 1, 2017, that are used by an accredited public or private institution of higher education in research approved by an institutional review board or another appropriate board, committee, or body charged with oversight applicable to the research.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 173 - Donation of Human Fetal Tissue › Section 173.003. Enforcement

Sec. 173.003.  ENFORCEMENT.  (a)  The department shall enforce this chapter.
(b)  The attorney general, on request of the department or a local law enforcement agency, may assist in the investigation of a violation of this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 173 - Donation of Human Fetal Tissue › Section 173.004. Prohibited Donation

Sec. 173.004.  PROHIBITED DONATION.  A person may not donate human fetal tissue except as authorized by this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 173 - Donation of Human Fetal Tissue › Section 173.005. Donation by Authorized Facility

Sec. 173.005.  DONATION BY AUTHORIZED FACILITY.  (a)  Only an authorized facility may donate human fetal tissue.  An authorized facility may donate human fetal tissue only to an accredited public or private institution of higher education for use in research approved by an institutional review board or another appropriate board, committee, or body charged with oversight applicable to the research.
(b)  An authorized facility may not donate human fetal tissue obtained from an elective abortion.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 173 - Donation of Human Fetal Tissue › Section 173.006. Informed Consent Required

Sec. 173.006.  INFORMED CONSENT REQUIRED.  An authorized facility may not donate human fetal tissue under this chapter unless the facility has obtained the written, voluntary, and informed consent of the woman from whose pregnancy the fetal tissue is obtained.  The consent must be provided on a standard form prescribed by the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 173 - Donation of Human Fetal Tissue › Section 173.007. Criminal Penalty

Sec. 173.007.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  offers a woman monetary or other consideration to:
(A)  have an abortion for the purpose of donating human fetal tissue; or
(B)  consent to the donation of human fetal tissue; or
(2)  knowingly or intentionally solicits or accepts tissue from a fetus gestated solely for research purposes.
(b)  An offense under this section is a Class A misdemeanor punishable by a fine of not more than $10,000.
(c)  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 173 - Donation of Human Fetal Tissue › Section 173.008. Record Retention

Sec. 173.008.  RECORD RETENTION.  Unless another law requires a longer period of record retention, an authorized facility may not dispose of any medical record relating to a woman who consents to the donation of human fetal tissue before:
(1)  the seventh anniversary of the date consent was obtained under Section 173.006; or
(2)  if the woman was younger than 18 years of age on the date consent was obtained under Section 173.006, the later of:
(A)  the woman's 23rd birthday; or
(B)  the seventh anniversary of the date consent was obtained.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 173 - Donation of Human Fetal Tissue › Section 173.009. Annual Report

Sec. 173.009.  ANNUAL REPORT.  An authorized facility that donates human fetal tissue under this chapter shall submit an annual report to the department that includes for each donation:
(1)  the specific type of fetal tissue donated; and
(2)  the accredited public or private institution of higher education that received the donation.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter A. General Provisions › Section 181.002. Applicability

Sec. 181.002.  APPLICABILITY.  (a)  Except as provided by Section 181.205, this chapter does not affect the validity of another statute of this state that provides greater confidentiality for information made confidential by this chapter.
(b)  To the extent that this chapter conflicts with another law, other than Section 58.0052, Family Code, with respect to protected health information collected by a governmental body or unit, this chapter controls.
Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 924, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 653 (S.B. 1106), Sec. 5, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter A. General Provisions › Section 181.003. Sovereign Immunity

Sec. 181.003.  SOVEREIGN IMMUNITY.  This chapter does not waive sovereign immunity to suit or liability.
Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter A. General Provisions › Section 181.004. Applicability of State and Federal Law

Sec. 181.004.  APPLICABILITY OF STATE AND FEDERAL LAW.  (a)  A covered entity, as that term is defined by 45 C.F.R. Section 160.103, shall comply with the Health Insurance Portability and Accountability Act and Privacy Standards.
(b)  Subject to Section 181.051, a covered entity, as that term is defined by Section 181.001, shall comply with this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 2, eff. September 1, 2012.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter A. General Provisions › Section 181.005. Duties of the Executive Commissioner

Sec. 181.005.  DUTIES OF THE EXECUTIVE COMMISSIONER.  (a)  The executive commissioner shall administer this chapter and may adopt rules consistent with the Health Insurance Portability and Accountability Act and Privacy Standards to administer this chapter.
(b)  The executive commissioner shall review amendments to the definitions in 45 C.F.R. Parts 160 and 164 that occur after September 1, 2011, and determine whether it is in the best interest of the state to adopt the amended federal regulations.  If the executive commissioner determines that it is in the best interest of the state to adopt the amended federal regulations, the amended regulations shall apply as required by this chapter.
(c)  In making a determination under this section, the executive commissioner must consider, in addition to other factors affecting the public interest, the beneficial and adverse effects the amendments would have on:
(1)  the lives of individuals in this state and their expectations of privacy; and
(2)  governmental entities, institutions of higher education, state-owned teaching hospitals, private businesses, and commerce in this state.
(d)  The executive commissioner shall prepare a report of the executive commissioner's determination made under this section and shall file the report with the presiding officer of each house of the legislature before the 30th day after the date the determination is made.  The report must include an explanation of the reasons for the determination.
Added by Acts 2003, 78th Leg., ch. 924, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 3, eff. September 1, 2012.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter A. General Provisions › Section 181.006. Protected Health Information Not Public

Sec. 181.006.  PROTECTED HEALTH INFORMATION NOT PUBLIC.  Notwithstanding Sections 181.004 and 181.051, for a covered entity that is a governmental unit, an individual's protected health information:
(1)  includes any information that reflects that an individual received health care from the covered entity; and
(2)  is not public information and is not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 419 (H.B. 2004), Sec. 5, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 4, eff. September 1, 2012.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter B. Exemptions › Section 181.051. Partial Exemption

Sec. 181.051.  PARTIAL EXEMPTION.  Except for Subchapter D, this chapter does not apply to:
(1)  a covered entity as defined by Section 602.001, Insurance Code;
(2)  an entity established under Article 5.76-3, Insurance Code;  or
(3)  an employer.
Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1274, Sec. 20, eff. April 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter B. Exemptions › Section 181.052. Processing Payment Transactions by Financial Institutions

Sec. 181.052.  PROCESSING PAYMENT TRANSACTIONS BY FINANCIAL INSTITUTIONS.  (a)  In this section, "financial institution" has the meaning assigned by Section 1101, Right to Financial Privacy Act of 1978 (12 U.S.C. Section 3401), and its subsequent amendments.
(b)  To the extent that a covered entity engages in activities of a financial institution, or authorizes, processes, clears, settles, bills, transfers, reconciles, or collects payments for a financial institution, this chapter and any rule adopted under this chapter does not apply to the covered entity with respect to those activities, including the following:
(1)  using or disclosing information to authorize, process, clear, settle, bill, transfer, reconcile, or collect a payment for, or related to, health plan premiums or health care, if the payment is made by any means, including a credit, debit, or other payment card, an account, a check, or an electronic funds transfer;  and
(2)  requesting, using, or disclosing information with respect to a payment described by Subdivision (1):
(A)  for transferring receivables;
(B)  for auditing;
(C)  in connection with a customer dispute or an inquiry from or to a customer;
(D)  in a communication to a customer of the entity regarding the customer's transactions, payment card, account, check, or electronic funds transfer;
(E)  for reporting to consumer reporting agencies;  or
(F)  for complying with a civil or criminal subpoena or a federal or state law regulating the covered entity.
Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter B. Exemptions › Section 181.053. Nonprofit Agencies

Sec. 181.053.  NONPROFIT AGENCIES.  The executive commissioner shall by rule exempt from this chapter a nonprofit agency that pays for health care services or prescription drugs for an indigent person only if the agency's primary business is not the provision of health care or reimbursement for health care services.
Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0521, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter B. Exemptions › Section 181.054. Workers' Compensation

Sec. 181.054.  WORKERS' COMPENSATION.  This chapter does not apply to:
(1)  workers' compensation insurance or a function authorized by Title 5, Labor Code;  or
(2)  any person or entity in connection with providing, administering, supporting, or coordinating any of the benefits under a self-insured program for workers' compensation.
Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter B. Exemptions › Section 181.055. Employee Benefit Plan

Sec. 181.055.  EMPLOYEE BENEFIT PLAN.  This chapter does not apply to:
(1)  an employee benefit plan;  or
(2)  any covered entity or other person, insofar as the entity or person is acting in connection with an employee benefit plan.
Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter B. Exemptions › Section 181.056. American Red Cross

Sec. 181.056.  AMERICAN RED CROSS.  This chapter does not prohibit the American Red Cross from accessing any information necessary to perform its duties to provide biomedical services, disaster relief, disaster communication, or emergency leave verification services for military personnel.
Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 924, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter B. Exemptions › Section 181.057. Information Relating to Offenders With Mental Impairments

Sec. 181.057.  INFORMATION RELATING TO OFFENDERS WITH MENTAL IMPAIRMENTS.  This chapter does not apply to an agency described by Section 614.017 with respect to the disclosure, receipt, transfer, or exchange of medical and health information and records relating to individuals in the custody of an agency or in community supervision.
Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter B. Exemptions › Section 181.058. Educational Records

Sec. 181.058.  EDUCATIONAL RECORDS.  In this chapter, protected health information does not include:
(1)  education records covered by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) and its subsequent amendments;  or
(2)  records described by 20 U.S.C. Section 1232g(a)(4)(B)(iv) and its subsequent amendments.
Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle I - Medical Records › Chapter 181 - Medical Records Privacy › Subchapter B. Exemptions › Section 181.059. Crime Victim Compensation

Sec. 181.059.  CRIME VICTIM COMPENSATION.  This chapter does not apply to any person or entity in connection with providing, administering, supporting, or coordinating any of the benefits regarding compensation to victims of crime as provided by Chapter 56B, Code of Criminal Procedure.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 5, eff. September 1, 2012.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.53, eff. January 1, 2021.