Journal of the Senate of Texas: 83rd Legislature, Second Called Session, Friday, July 12, 2013, Continued Page: 35
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the federal government to provide medical or health care services. The term does not
include a licensed health care provider, hospital, or family planning clinic that
performs abortions or provides contraception or provides abortion or contraception
referrals.
(4) "Pregnancy-related medical service" means a medical service provided
to a pregnant woman by a health care provider licensed in this state.
Sec. 172.002. REQUIREMENTS FOR MATERIALS PROVIDED. All
materials and information provided to a pregnant woman by a limited service
pregnancy center must be scientifically accurate and evidence-based, as determined
by a medical organization or physician group.
Sec. 172.003. NON-DIRECTIVE COUNSELING AND INFORMATION
REQUIRED. A limited service pregnancy center that receives state money shall
provide to each client comprehensive, non-directive reproductive health care
counseling and information, including information on planning, birth control,
pregnancy, and post-partum health.
Sec. 172.004. POSTED NOTICE REQUIRED. (a) A limited service pregnancy
center shall prominently display, at the entrance of the center, two black and white
signs, one in English and one in Spanish, that contain the following statement: "This
center is not a licensed medical facility."
(b) 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.
Sec. 172.005. CIVIL AND CRIMINAL PENALTIES. (a) A person commits an
offense if the person violates Section 172.002 or 172,003. An offense under this
subsection is a Class A misdemeanor.
(b) In addition to being subject to a criminal penalty, a person who intentionally
violates Section 172.002 or 172.003 is liable for a civil penalty in an amount not to
exceed $10,000 for each violation. The amount shall 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 sue to collect a civil penalty under this
section. 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.
(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.
Sec. 172.006. APPLICATION OF DECEPTIVE TRADE PRACTICES ACT.
(a) A person who violates Section 172.004 commits a false, misleading, or deceptive
act or practice within the meaning of Section 17.46, Business & Commerce Code.Friday, July 12, 2013
SENATE JOURNAL
35
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Texas. Legislature. Senate. Journal of the Senate of Texas: 83rd Legislature, Second Called Session, Friday, July 12, 2013, Continued, legislative document, July 12, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth640485/m1/11/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.