Goodwin Bill Makes In Vitro Fertilization A State-Law Right

The text as introduced · 502 words

89R1584 SRA-D

By: Goodwin
H.B. No. 585

A BILL TO BE ENTITLED

AN ACT

relating to the right to assistive reproductive technology

treatments and procedures, including in vitro fertilization.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 161, Health and Safety Code, is amended

by adding Subchapter Z to read as follows:

SUBCHAPTER Z. RIGHT TO ASSISTIVE REPRODUCTIVE TECHNOLOGY

TREATMENTS AND PROCEDURES

Sec. 161.801. DEFINITION. In this subchapter, "assistive

reproductive technology treatment or procedure" means a health care

treatment or procedure in which a human oocyte or embryo is handled

by a health care practitioner for fertility purposes. The term

includes in vitro fertilization, gamete intrafallopian transfer,

and zygote intrafallopian transfer.

Sec. 161.802. CONSTRUCTION OF SUBCHAPTER. (a) This

subchapter may not be construed to prohibit the enforcement of a

health and safety law if the law:

(1) advances the safety of health care services or the

health of patients; and

(2) cannot be advanced by a less restrictive alternate

measure or action.

(b) This subchapter may not be construed to modify,

supersede, or otherwise affect the coverage of assistive

reproductive technology procedures or treatments under Chapter

1366, Insurance Code.

Sec. 161.803. RULES. The executive commissioner may adopt

rules necessary to implement this subchapter.

Sec. 161.804. INFRINGEMENT OF RIGHT TO ASSISTIVE

REPRODUCTIVE TECHNOLOGY TREATMENTS AND PROCEDURES PROHIBITED.

This state, a political subdivision of this state, or an official or

employee of this state or a political subdivision of this state may

not prohibit or unreasonably limit:

(1) an individual from:

(A) accessing an assistive reproductive

technology treatment or procedure;

(B) continuing or completing an ongoing

assistive reproductive technology treatment or procedure under a

written plan or agreement with a health care provider; or

(C) retaining all rights regarding the use of the

individual's reproductive genetic material, including gametes;

(2) a health care provider from:

(A) performing or administering an assistive

reproductive technology treatment or procedure; or

(B) providing evidence-based information related

to assistive reproductive technology treatments or procedures; or

(3) a health benefit plan issuer from covering an

assistive reproductive technology treatment or procedure.

Sec. 161.805. CIVIL ACTION. (a) The following persons may

bring a civil action for appropriate equitable relief, including a

temporary or permanent injunction, against a governmental entity,

official, or employee who violates Section 161.804:

(1) the attorney general;

(2) a person adversely affected by the violation; or

(3) a health care provider on the provider's behalf or

on behalf of a patient who is adversely affected by the violation.

(b) A court shall award a claimant who prevails in an action

brought under this section court costs and reasonable attorney's

fees incurred in bringing the action. The court may not award court

costs and attorney's fees to the defendant for a nonfrivolous

claim.

SECTION 2. Section 161.805, Health and Safety Code, as

added by this Act, applies only to a cause of action that accrues on

or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.