Relating to the regulation of limited service pregnancy resource centers; creating a criminal offense; providing a civil penalty.

The text as introduced · 820 words

90R2914 AB-F

By: Menéndez
S.B. No. 152

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of limited service pregnancy resource

centers; creating a criminal offense; providing a civil penalty.

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

SECTION 1. Subtitle H, Title 2, Health and Safety Code, is

amended by adding Chapter 176 to read as follows:

CHAPTER 176. LIMITED SERVICE PREGNANCY RESOURCE CENTERS

Sec. 176.001. DEFINITIONS. In this chapter:

(1) "Advertise" means to offer goods or services to

the public regardless of whether the goods or services are offered

for payment or result in a profit.

(2) "Comprehensive birth control services" means the

provision of any oral contraceptive or health care device the

United States Food and Drug Administration has approved for birth

control.

(3) "Limited service pregnancy resource center" means

an organization, including a pregnancy counseling organization or

crisis pregnancy center, whether for profit or nonprofit, that

provides pregnancy counseling or information but does not perform

abortions or provide referrals for abortion or comprehensive birth

control services. The term does not include a licensed health care

provider, hospital, or family planning clinic that performs

abortions, provides contraception, or provides abortion or

contraception referrals.

(4) "Pregnancy-related health care service" means a

health care service a health care provider licensed in this state

provides to a pregnant woman.

Sec. 176.002. LICENSE DISCLOSURE. Before providing a good

or service to a consumer, a limited service pregnancy resource

center shall provide a written disclosure to the consumer on

whether the center:

(1) is a licensed health care facility; and

(2) has on site a licensed health care practitioner.

Sec. 176.003. PROHIBITED ADVERTISING. (a) A person may not

advertise with the intent to deceptively imply the person is a

provider of pregnancy-related health care services unless the

person is a health care provider licensed in this state and

authorized by law to provide pregnancy-related health care

services.

(b) A person may not advertise a limited service pregnancy

resource center or an organization that refers women to limited

service pregnancy resource centers unless the person includes the

following disclaimer in the advertisement: "This center does not

perform abortions or provide referrals to abortion providers. This

center does not provide oral contraceptives or birth control

devices or provide referrals to providers of oral contraceptives or

birth control devices approved by the United States Food and Drug

Administration."

Sec. 176.004. REQUIRED NOTICES. (a) A limited service

pregnancy resource center shall prominently display, at the

entrance of the center, a sign with the following statement: "This

center does not perform abortions or provide referrals to abortion

providers. This center does not provide oral contraceptives or

birth control devices or provide referrals to providers of oral

contraceptives or birth control devices approved by the United

States Food and Drug Administration."

(b) A limited service pregnancy resource center that is not

a licensed health care facility and does not have a licensed health

care practitioner on site shall include the following statement on

the sign described by Subsection (a): "This center is not a health

care facility licensed by Texas and does not have on site a licensed

health care practitioner who provides or directly supervises the

provision of health care services."

(c) Each sign required under Subsection (a) must be at least

8-1/2 by 11 inches in size and clearly legible from outside the

center. The text for the sign must be in at least 48-point font

size.

(d) A limited service pregnancy resource center must post a

sign described by Subsection (a) in each language spoken by 10

percent or more of the residents of this state as determined by the

most recent federal decennial census.

Sec. 176.005. CIVIL AND CRIMINAL PENALTIES. (a) A person

commits an offense if the person violates this chapter. An offense

under this subsection is a Class A misdemeanor.

(b) A person who intentionally violates this chapter is

liable for a civil penalty in an amount not to exceed $10,000 for

each violation. The amount must be based on:

(1) the seriousness of the violation;

(2) the history of previous violations;

(3) the amount necessary to deter a future violation;

and

(4) any other matter that justice may require.

(c) The attorney general or a district or county attorney of

the county in which the violation is alleged to have occurred may

bring an action to collect a civil penalty under this section. In

the action, the attorney general or a district or county attorney

may recover reasonable expenses incurred in obtaining the penalty,

including investigation and court costs and reasonable attorney's

fees.

(d) A separate civil penalty may be collected for each day a

continuing violation occurs.

(e) The penalties provided by this section are in addition

to any other penalty provided by law, including Chapter 17,

Business & Commerce Code, and Chapter 165, Occupations Code.

SECTION 2. This Act takes effect September 1, 2027.