Texas Health And Safety Code Title 4, Chapter 245 - Abortion Facilities
- Texas Section 245.001 - Short Title
This chapter may be cited as the Texas Abortion Facility Reporting and Licensing Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1,
- Texas Section 245.002 - Definitions
In this chapter: (1) "Abortion" means an act or procedure performed after pregnancy has been medically verified and with the intent to cause the termination...
- Texas Section 245.003 - License Required
(a) Except as provided by Section 245.004, a person may not establish or operate an abortion facility in this state without an appropriate license issued...
- Texas Section 245.004 - Exemptions From Licensing Requirement
(a) The following facilities need not be licensed under this chapter: (1) a hospital licensed under Chapter 241 (Texas Hospital Licensing Law); or (2) the...
- Texas Section 245.004 - Exemptions From Licensing Requirement
(a) The following facilities need not be licensed under this chapter: (1) a hospital licensed under Chapter 241 (Texas Hospital Licensing Law); (2) the office...
- Texas Section 245.005 - License Application And Issuance
(a) An applicant for an abortion facility license must submit an application to the department on a form prescribed by the department. (b) Each application...
- Texas Section 245.006 - Inspections
(a) The department shall inspect an abortion facility at random, unannounced, and reasonable times as necessary to ensure compliance with this chapter, Subchapter B, Chapter...
- Texas Section 245.007 - Fees
The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter...
- Texas Section 245.009 - Adoption Of Rules
The executive commissioner shall adopt rules necessary to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to...
- Texas Section 245.010 - Minimum Standards
(a) The rules must contain minimum standards to protect the health and safety of a patient of an abortion facility and must contain provisions requiring...
- Texas Section 245.0105 - Unique Identifying Number; Disclosure In Advertisement
(a) The department shall assign to each abortion facility a unique license number that may not change during the period the facility is operating in...
- Texas Section 245.011 - Reporting Requirements; Criminal Penalty
(a) Each abortion facility must submit an annual report to the department on each abortion that is performed at the abortion facility. The report must...
- Texas Section 245.012 - Denial, Suspension, Probation, Or Revocation Of License
(a) The department may deny, suspend, or revoke a license for a violation of this chapter or a rule adopted under this chapter. (b) The...
- Texas Section 245.013 - Injunction
(a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided...
- Texas Section 245.014 - Criminal Penalty
(a) A person commits an offense if the person violates Section 245.003(a). (b) An offense under this section is a Class A misdemeanor. (c) Each...
- Texas Section 245.015 - Civil Penalty
(a) A person who knowingly violates this chapter or who knowingly fails to comply with a rule adopted under this chapter is liable for a...
- Texas Section 245.016 - Abortion In Unlicensed Abortion Facility To Prevent Death Or Serious Impairment
This chapter does not remove the responsibility or limit the ability of a physician to perform an abortion in an unlicensed abortion facility if, at...
- Texas Section 245.017 - Administrative Penalty
(a) The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter. (b) The penalty...
- Texas Section 245.018 - Report Recommending Administrative Penalty
(a) If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department...
- Texas Section 245.019 - Hearing; Order
(a) If the person requests a hearing, the department shall transfer the case to the State Office of Administrative Hearings and an administrative law judge...
- Texas Section 245.020 - Notice And Payment Of Administrative Penalty; Judicial Review; Refund
(a) The department shall give notice of the department's order under Section 245.019(c) to the person alleged to have committed the violation. The notice must...
- Texas Section 245.021 - Penalty Deposited To State Treasury
A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund. Added...
- Texas Section 245.022 - Recovery Of Costs
(a) The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's...
- Texas Section 245.023 - Public Information; Toll-free Telephone Number
(a) The department on request shall make the following information available to the public: (1) the status of the license of any abortion facility; (2)...
- Texas Section 245.024 - Compliance With Certain Requirements Regarding Sonogram Before Abortion
An abortion facility shall comply with Subchapter B, Chapter 171. Added by Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 9, eff. September...
Last modified: September 28, 2016