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2005 TEXAS STATE LEGISLATIVE SESSION
(The 79th session ended on May 30, 2005)
SB 388 and HB 677—Hospital Emergency Services for Sexual Assault Survivors
HB 702—Unnecessary Abortion Reporting Requirements
HB 1469— Provision of Information for Abortion Patients
SB 747 and HB 2663—Medicaid Waiver for Women's Health
SB 1150 and HB 1212—Parental Consent for Abortion
Parental Consent and Abortion Ban Amendments to SB419
SB 388 AND HB 677—HOSPITAL EMERGENCY SERVICES FOR SEXUAL ASSAULT SURVIVORS
Sponsored by: Senator Jeff Wentworth (R-San Antonio) and Rep. Senfronia Thompson (D-Houston)
Summary: These bills would standardize the care for sexual assault survivors who go to hospital emergency rooms for care. The bills would ensure these women were offered the presence of a rape crisis counselor, a forensic medical exam, testing and treatment for sexual transmitted infections, and referrals for follow-up care.
PPNT Position: Supports—Sexual assault survivors deserve comprehensive care. Currently, hospitals in Texas determine their own policies and standard of care for treating sexual assault victims—some better than others. These bills would guarantee that every sexual assault survivor is given the same standard of care regardless of which hospital treats them or which doctor is on call.
Final Action: SB 388—2/15/05-refered to the Senate Health and Human Services Committee.
HB 677—6/18/05-signed into law by the Governor.
HB 677 VOTING RECORD
4/29/05 – Vote by the House Public Health Committee. Passed by the committee 8-0.
| Yes (for the bill) |
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| Rep. Laubenberg, Jodie (R-Parker) |
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| Rep. Truitt, Vicki (R-Keller) |
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| Rep. Zedler, Bill (R-Arlington) |
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4/29/05 – Vote by the Senate Health and Human Services Committee. Passed by the committee 7-0.
| Yes (for the bill) |
Absent |
| Sen. Deuell, Bob (R-Greenville) |
Sen. Carona, John (R-Dallas) |
| Sen. Nelson, Jane (R-Lewisville) |
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| Sen. West, Royce (D-Dallas) |
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HB 702—UNNECESSARY ABORTION REPORTING REQUIREMENTS
Sponsored by: Rep. Bill Zedler (R-Arlington)
Summary: This bill would require all doctors to report any complications in patients that they believe to be the result of an abortion to the Texas Department of State Health Services (DSHS). Doctors would have to report to the government (among other things): the number of pregnancies the patient had before the abortion, the total number and type of abortions the patient has had, the type of abortion recently performed, the gestational age of the "unborn child" at the time of the abortion, the name and address of the facility where the abortion was performed, and the name of the doctor who performed the abortion. It would require DSHS to keep the information confidential except in special circumstances.
UPDATE!
Committee Substitute:
Rep. Sid Miller (R-Stephenville) offered a substitute to the original version of the bill on April 21. The substitute requires that doctors report only complications from "elective termination or attempted termination of pregnancy" (but not abortions performed to save a woman's life or her health). It would not require doctors to report personal information about the patient, such as the number of pregnancies and abortions she has had, but still requires the name of the facility where the abortion was performed and the name of the doctor who performed the abortion.
PPNT Position: Opposes—Doctors are not currently required to report complications from any surgical procedure to DSHS. Passage of this bill would single out elective abortion procedures—and only elective abortion procedures—for reporting. If it is important to catalogue complications from surgical procedures, why not require doctors to report complications from ALL surgical procedures?
Final Action: 4/26/05-sent to the House Calendars Committee.
HB 702 VOTING RECORD
4/21/05 – Vote by the House State Affairs Committee. Passed by the committee 5-3.
| Yes (for the bill) |
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| Rep. Cook, Byron (R-Corsicana) |
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| Rep. Keffer, Jim (R-Eastland) |
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| Rep. Miller, Sid (R-Stephenville) |
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HB 1469—PROVISION OF INFORMATION FOR ABORTION PATIENTS
Sponsored by: Rep. Frank Corte (R-San Antonio)
Summary: Texas law now requires that women who want an abortion receive state-mandated information 24 hours before their procedure. Currently, this routine information is recorded by the doctor and provided to women over the phone 24 hours in advance of their appointment. This bill would require the information be given by the doctor in person or in person over-the-phone.
PPNT Position: Opposed—There is no medical reason for such a requirement. It is a standard of care in the medical community for patient education to be communicated through video or audio recordings. This bill will only result in increased costs to the patient and serves no other purpose. This bill will not reduce unintended pregnancies in Texas or decrease the number of women who seek an abortion. It will, however, make it much more difficult and costly to obtain a legal abortion.
Final Action: 4/25/05-sent to the House Calendars Committee.
HB 1469 VOTING RECORD
4/21/05 – Vote by the House State Affairs Committee. Passed by the committee 6-2.
| Yes (for the bill) |
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| Rep. Cook, Byron (R-Corsicana) |
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| Rep. Keffer, Jim (R-Eastland) |
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| Rep. Miller, Sid (R-Stephenville) |
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SB 747 AND HB 2663—MEDICAID WAIVER FOR WOMEN'S HEALTH
Sponsored by: Senator John Carona (R-Dallas) and Rep. Vilma Luna (D-Corpus Christi)
Summary: These bills direct the Texas Department of State Health Services (DSHS) to apply for a Medicaid Waiver for Women's Health Care. This waiver would expand eligibility for preventive health care services under Medicaid to hundreds of thousands of low-income women in Texas and would save the State an estimated $139.5 million dollars in five years (according to the latest data from the Legislative Budget Board).
Services covered by a waiver for women's health care include well-woman exams; contraception; screenings for diabetes, breast and cervical cancer, hypertension, sexually transmitted infections, anemia, and gynecological infections; and appropriate medical and social service referrals. The waiver would not cover abortion services.
PPNT Position: Support—There are more than 1 million uninsured women in Texas who do not have access to preventive health care services. Providing these services would cost an average of $150 per woman, per year and the state would only have to pay 10% of the costs while the federal government would pay the other 90%. According to DSHS, for every $1 spent on family planning, $3 is saved in Medicaid costs for prenatal, delivery, and first-year infant care. A waiver for women's health care is a win-win situation for Texas women and the state budget.
Final Action: SB 747—6/17/05- signed into law by the Governor.
HB 2663—3/16/05-referred to the House Public Health Committee.
SB 747 VOTING RECORD
5/27/05 – Final Vote by the Senate. Passed by the Senate 29-0.
| Yes (for the bill) |
Absent |
| Sen. Averitt, Kip (R-McGregor) |
Sen. Carona, John (R-Dallas) |
| Sen. Brimer, Kim (R-Ft. Worth) |
Sen. West, Royce (D-Dallas) |
| Sen. Deuell, Bob (R-Greenville) |
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| Sen. Duncan, Robert (R-Lubbock) |
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| Sen. Eltife, Kevin (R-Tyler) |
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| Sen. Estes, Craig (R-Wichita Falls) |
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| Sen. Fraser, Troy (R-Horseshoe Bay) |
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| Sen. Harris, Chris (R-Arlington) |
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| Sen. Nelson, Jane (R-Lewisville) |
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| Sen. Ogden, Steve (R- Bryan) |
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| Sen. Shapiro, Florence (R-Plano) |
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| Sen. Staples, Todd (R-Palestine) |
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5/17/05 – Final Vote by the House Public Health Committee. Passed by the Committee 7-0.
| Yes (for the bill) |
Absent |
| Rep. Laubenberg, Jodie (R-Parker) |
Rep. Zedler, Bill (R-Arlington) |
| Rep. Truitt, Vicki (R-Keller) |
| DEUELL AMENDMENT TO SB 747 - MEDICAID WAIVER FOR WOMEN'S HEALTH
4/6/05 - Vote on Deuell Amendment
Offered by Sen. Bob Deuell (R-Greenville) - prohibits funds under the waiver from going to agencies that “perform or promote elective abortions,” even when the agencies also provide family planning services; prohibits referrals of women with “medical problems” to agencies that “perform elective abortions;” and prohibits women from receiving or learning about emergency contraception (EC). This amendment passed by a vote of 20-10. PPNT was opposed to this amendment.
| No (Against the Amendment) |
Yes (For the Amendment) |
| Sen. West, Royce (D-Dallas) |
Sen. Averitt, Kip (R-McGregor) |
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Sen. Brimer, Kim (R-Ft. Worth) |
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Sen. Carona, John (R-Dallas) |
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Sen. Deuell, Bob (R-Greenville) |
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Sen. Duncan, Robert (R-Lubbock) |
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Sen. Eltife, Kevin (R-Tyler) |
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Sen. Estes, Craig (R-Wichita Falls) |
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Sen. Fraser, Troy (R-Horseshoe Bay) |
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Sen. Harris, Chris (R-Arlington) |
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Sen. Nelson, Jane (R-Lewisville) |
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Sen. Ogden, Steve (R- Bryan) |
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Sen. Shapiro, Florence (R-Plano) |
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Sen. Staples, Todd (R-Palestine) |
SHAPLEIGH AMENDMENT TO SB 747 - MEDICAID WAIVER FOR WOMEN'S HEALTH
4/6/05 - Vote on Shapleigh Amendment
Offered by Sen. Eliot Shapleigh (D-El Paso) - would have removed the provision in Sen. Deuell’s amendment that prevents women who receive services as part of the waiver project from learning about or receiving emergency contraception (EC). If the amendment had passed it would have allowed women to have access to EC. The vote failed and the EC ban remains in the bill. PPNT was in favor of removing the ban on EC in the bill.
| Yes (Keep EC Ban) |
No (Remove EC Ban) |
| Sen. Averitt, Kip (R-McGregor) |
Sen. West, Royce (D-Dallas) |
| Sen. Brimer, Kim (R-Ft. Worth) |
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| Sen. Carona, John (R-Dallas) |
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| Sen. Deuell, Bob (R-Greenville) |
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| Sen. Duncan, Robert (R-Lubbock) |
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| Sen. Estes, Craig (R-Wichita Falls) |
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| Sen. Fraser, Troy (R-Horseshoe Bay) |
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| Sen. Harris, Chris (R-Arlington) |
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| Sen. Nelson, Jane (R-Lewisville) |
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| Sen. Ogden, Steve (R- Bryan) |
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| Sen. Shapiro, Florence (R-Plano) |
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| Sen. Staples, Todd (R-Palestine) |
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| Absent from Vote |
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| Sen. Eltife, Kevin (R-Tyler) |
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SB 1150 AND HB 1212—PARENTAL CONSENT FOR ABORTION
Sponsored by: Senator Chris Harris (R-Arlington) and Rep. Phil King (R-Weatherford)
Summary: These House and Senate companion bills would require a minor seeking an abortion to obtain a written affidavit of consent from one parent or guardian before she could have the procedure. Current Texas law already requires a minor to notify her parent or guardian of her intention to have an abortion. SB 1150 and HB 1212 would also make it harder for a minor who cannot involve her parent to receive a judicial bypass, because the bills would increase the requirements for proving that she is mature or that telling a parent would lead to abuse. These bills would increase the number of days the court had to hold a hearing from two to five—further delaying her procedure—and would require a minor to apply for a bypass in her home county or an adjoining county. Current law allows a minor to apply for a judicial bypass in any Texas county.
SB 1150 and HB 1212 would also require the state to collect and make public all statistical data regarding the number of judicial bypasses granted by judges for minors seeking an abortion. Finally, they define an "unborn child" as an "individual human organism from fertilization until birth."
PPNT Position: Opposed—These bills do nothing to foster good parent/child communication and create more barriers for teens who do not have nurturing parents or a supportive home environment. The law already requires that teens notify a parent of their decision. These bills are blatantly political and make it more difficult for teens to seek abortions. They contain no provision for teens who do not have a parent they can turn to—teens with abusive parents…who are victims of incest…who have been abandoned by their parents…whose parents are in prison or abusing drugs…or whose parents live in another country and cannot be contacted. These bills make it more difficult for such teens to turn to the courts for a judicial bypass.
For rural teens, forcing a young woman to go before a judge in her hometown could increase the chances that someone would recognize her, thus negating the confidential nature of the proceeding. Furthermore, many judges already refuse to hear judicial bypass cases because they are so controversial. Publishing a judge's record on judicial bypass cases will further reduce the number of judges willing to hear the cases due to the controversial nature of abortion in this country and the fact that judges in Texas are elected.
Final Action: SB 1150— 5/16/05-passed by the Senate State Affairs Committee. HB 1212—5/12/05-House considers bill for second time; Bill is defeated due to a technical error.
Note: Parental consent was added as an amendment to SB 419, a bill that had nothing to do with abortion, during the last weeks of session. The amendment changes parental notification (the current law) to parental consent but makes no changes to the judicial bypass system and does not require any reporting of bypass case outcomes.
SB 1150 VOTING RECORD
5/19/05 – Vote by the House State Affairs Committee. Passed by the committee 5-1.
| Yes (for the bill) |
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| Rep. Cook, Byron (R-Corsicana) |
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| Rep. Keffer, Jim (R-Eastland) |
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| Rep. Miller, Sid (R-Stephenville) |
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5/18/05 – Final Vote by the Senate. Passed by the Senate 25-5.
| Yes (for the bill) |
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| Sen. Averitt, Kip (R-McGregor) |
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| Sen. Brimer, Kim (R-Ft. Worth) |
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| Sen. Carona, John (R-Dallas) |
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| Sen. Deuell, Bob (R-Greenville) |
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| Sen. Duncan, Robert (R-Lubbock) |
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| Sen. Eltife, Kevin (R-Tyler) |
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| Sen. Estes, Craig (R-Wichita Falls) |
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| Sen. Fraser, Troy (R-Horseshoe Bay) |
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| Sen. Harris, Chris (R-Arlington) |
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| Sen. Nelson, Jane (R-Lewisville) |
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| Sen. Ogden, Steve (R- Bryan) |
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| Sen. Shapiro, Florence (R-Plano) |
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| Sen. Staples, Todd (R-Palestine) |
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| Sen. West, Royce (R-Dallas) |
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5/12/05 – Vote by the Senate State Affairs Committee. Passed by the committee 7-0.
| Yes (for the bill) |
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| Sen. Duncan, Robert (R-Lubbock) |
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| Sen. Fraser, Troy (R-Horseshoe Bay) |
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| Sen. Harris, Chris (R-Arlington) |
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HB 1212 VOTING RECORD
4/25/05 – Vote by the House State Affairs Committee. Passed by the committee 6-3.
| Yes (for the bill) |
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| Rep. Cook, Byron (R-Corsicana) |
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| Rep. Keffer, Jim (R-Eastland) |
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| Rep. Miller, Sid (R-Stephenville) |
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PARENTAL CONSENT AND ABORTION BAN AMENDMENTS TO SB 419
Sponsored by: Rep. Will Hartnett (R-Dallas)
Summary: In the final weeks of the session, Rep. Hartnett added two anti-choice amendments to SB 419, a bill that had nothing to do with abortion. One amendment makes physicians liable for performing abortions on women in the third trimester of pregnancy, except in these very narrow circumstances: to save the life of the woman; if the woman will suffer severe brain damage or paralysis without an abortion; if the fetus has a severe, irreversible brain impairment.
The second amendment changes the current law from parental notification before a minor can obtain an abortion to parental consent. However, it does not make changes to the current judicial bypass proceedings for young women who cannot tell their parents about their pregnancies. A provision to allow grandparents or stepparents to give their consent was rejected 94-44.
PPNT Position: Opposed—Texas already outlaws abortion in the third trimester with these exceptions: to prevent the death or a substantial risk of serious impairment to the physical or mental health of the woman or if the fetus has a severe and irreversible abnormality. Few women obtain abortions in Texas at this stage and physicians will not perform them unless serious health problems are involved. This unfeeling and unnecessary amendment discounts the health of women, interferes with the judgment of medical professionals, and ignores the real life situations many women and their families face.
The parental notification law worked and most parents are involved in their daughter's decision to have an abortion. In addition, the parental notification law provided options for abused or neglected teens while the new law makes no provision for these teens other than a hearing before a judge to ask for a judicial bypass.
Final Action: Signed into law by the Governor.
HARTNETT'S PARENTAL CONSENT AMENDMENT TO SB 419 (MEDICAL BOARD AUTHORIZING BILL)
4/6/05 - Vote on Hartnett Amendment. Offered by Rep. Will Hartnett (R-Dallas) – requires the written consent of a minor’s parent or legal guardian before a doctor can perform an abortion on the minor. This amendment passed by a vote of 149-0.
| Yes (for the amendment) |
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| Rep. Allen, Ray (R-Grand Prairie) |
Rep. Hodge, Terri (D-Dallas) |
| Rep. Alonzo, Roberto (D-Dallas) |
Rep. Homer, Mark (D-Paris) |
| Rep. Anchia, Rafael (D-Dallas) |
Rep. Hopson, Chuck (D-Jacksonville) |
| Rep. Berman, Leo (R-Tyler) |
Rep. Hughes, Bryan (R-Mineola) |
| Rep. Branch, Dan (R-Dallas) |
Rep. Jackson, Jim (R-Carrollton) |
| Rep. Brown, Betty (R-Terrell) |
Rep. Jones, Jesse (D-Dallas) |
| Rep. Burnam, Lon (R-Ft. Worth) |
Rep. Keffer, Bill (R-Dallas) |
| Rep. Cook, Byron (R-Corsicana) |
Rep. Keffer, Jim (R-Eastland) |
| Rep. Crownover, Myra (R-Denton) |
Rep. King, Phil (R-Weatherford) |
| Rep. Davis, Yvonne (D-Dallas) |
Rep. Laubenberg, Jodie( R-Parker) |
| Rep. Denny, Mary (R-Aubrey) |
Rep. Madden, Jerry (R-Richardson) |
| Rep. Driver, Joe (R-Garland) |
Rep. McCall, Brian (R-Plano) |
| Rep. Farabee, David (R-Wichita Falls) |
Rep. Merritt, Tommy (R-Longview) |
| Rep. Flynn, Dan (R-Van) |
Rep. Miler, Sid (R-Stephenville) |
| Rep. Frost, Stephen (R-Atlanta) |
Rep. Mowery, Anna (R-Ft. Worth) |
| Rep. Geren, Charlie (R-Ft. Worth) |
Rep. Orr, Rob (R-Burleson) |
| Rep. Giddings, Helen (D-Dallas) |
Rep. Paxton, Ken (R-McKinney) |
| Rep. Goodman, Toby (R-Arlington) |
Rep. Phillips, Larry (R-Sherman) |
| Rep. Goolsby, Tony (R-Dallas) |
Rep. Pitts, Jim (R-Waxahachie) |
| Rep. Griggs, Bob (R-N. Richland Hills) |
Rep. Reyna, Elvira (R-Mesquite) |
| Rep. Grusendorf, Kent (R-Arlington) |
Rep. Smith, Todd (R-Euless) |
| Rep. Hardcastle, Rick (R-Vernon) |
Rep. Solomons, Burt (R-Carrollton) |
| Rep. Harper-Brown, Linda (R-Irving) |
Rep. Truitt, Vicki (R-Keller) |
| Rep. Hartnett, Will (R-Dallas) |
Rep. Veasey, Marc (D- Ft. Worth) |
| Rep. Hill, Fred (R-Richardson) |
Rep. Zedler, Bill (R-Arlington) |
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