85R13181 JG-F     By: Farrar H.B. No. 3718       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of certain limited service pregnancy   resource centers.          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 173 to read as follows:   CHAPTER 173. LIMITED SERVICE PREGNANCY RESOURCE CENTERS          Sec. 173.001.  DEFINITIONS. In this chapter:                (1)  "Comprehensive birth control services" means all   drugs and medical devices that have been approved by the United   States Food and Drug Administration for birth control.                (2)  "Limited service pregnancy resource center" means   an organization, including a pregnancy counseling organization,   crisis pregnancy center, pregnancy care center, or pregnancy   support center, that for a fee or free of charge provides pregnancy   counseling or information but:                      (A)  does not perform abortions or make referrals   to an abortion provider;                      (B)  does not provide or make referrals for   comprehensive birth control services;                      (C)  is not licensed or certified by this state or   the federal government to provide medical or health care services;   and                      (D)  is not required to have a physician under   contract to provide or directly supervise all health care services   provided by the organization.          Sec. 173.002.  APPLICABILITY OF CHAPTER. This chapter   applies only to a limited service pregnancy resource center that   meets at least two of the following criteria:                (1)  the center offers to pregnant women:                      (A)  obstetric ultrasounds;                      (B)  obstetric sonograms; or                      (C)  other prenatal care;                (2)  the center offers pregnancy testing or diagnosis;                (3)  the center advertises or solicits consumers to   provide pregnancy-related services;                (4)  the center has employees or volunteers who collect   information from consumers;                (5)  the center has employees or volunteers who are not   licensed physicians or health care practitioners but dress in   clothing typically associated with a physician or nurse; or                (6)  the center has an examination table.          Sec. 173.003.  DISCLOSURE OF CERTAIN HEALTH CARE   INFORMATION. A limited service pregnancy resource center may not   disclose to a third party health care information about a person who   receives or inquires about receiving services from the center.          Sec. 173.004.  PROHIBITED CONDUCT. A limited service   pregnancy resource center may not publish in any medium, including   a newspaper, magazine, pamphlet, billboard, Internet website, or   other publication, or otherwise disseminate information that the   center knows or should have known:                (1)  is false or misleading; or                (2)  omits a material fact about the services offered   or intended to be offered by the center.          Sec. 173.005.  VIOLATION; CIVIL PENALTY.  (a)  A limited   service pregnancy resource center that violates this chapter is   liable to the state for a civil penalty of not less than $250 but not   more than $20,000 for each violation. The amount shall be based on:                (1)  the seriousness of the violation, including the   nature, circumstances, extent, and duration of the violation, and   the good faith of the limited service pregnancy resource center;                (2)  the history of previous violations;                (3)  the amount necessary to deter a future violation;   and                (4)  any other matter that justice may require.          (b)  The attorney general or a district or county attorney of   the county in which any part of the violation is alleged to have   occurred may sue in the name of the state to collect a civil penalty   under this section. The suit must be brought in Travis County or   the county in which any part of the violation is alleged to have   occurred. In the suit 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.          (c)  The penalties provided by this section are in addition   to any other penalty provided by law, including Chapter 17,   Business & Commerce Code.          (d)  Penalties collected under this section shall be   deposited in a fund established by the commission for providing   grants to human trafficking victims in this state. The fund is a   trust fund held outside the treasury by the comptroller and   administered by the commission.          Sec. 173.006.  DECEPTIVE TRADE PRACTICE. A violation of   Section 173.004 is actionable by a consumer as a deceptive trade   practice under Subchapter E, Chapter 17, Business & Commerce Code.          SECTION 2.  This Act takes effect September 1, 2017.