SB1684 - Relating to the regulation of limited service pregnancy resource centers; creating a criminal offense; providing a civil penalty.

  89R5753 MCF-F     By: Menéndez S.B. No. 1684       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 174 to read as follows:   CHAPTER 174. LIMITED SERVICE PREGNANCY RESOURCE CENTERS           Sec. 174.001.  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.   174.002.     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.   174.003.     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.   174.004.     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.   174.005.     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, 2025.