{"data":{"id":"us-tx/tex.-health-and-safety-code-245.004-2","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 245.004 (2)","heading":"EXEMPTIONS FROM LICENSING REQUIREMENT.","body":"Text of section as amended by Acts 2003, 78th Leg., Ch. 999, Sec. 2\n(a) The following facilities need not be licensed under this chapter:\n(1) a hospital licensed under Chapter 241 (Texas Hospital Licensing Law);\n(2) the office of a physician licensed under Subtitle B, Title 3, Occupations Code, unless the office is used substantially for the purpose of performing abortions; or\n(3) an ambulatory surgical center licensed under Chapter 243.\n(b) For purposes of this section, a facility is used substantially for the purpose of performing abortions if the facility:\n(1) is a provider for performing:\n(A) at least 10 abortion procedures during any month; or\n(B) at least 100 abortion procedures in a year;\n(2) operates less than 20 days in a month and the facility, in any month, is a provider for performing a number of abortion procedures that would be equivalent to at least 10 procedures in a month if the facility were operating at least 20 days in a month;\n(3) holds itself out to the public as an abortion provider by advertising by any public means, including advertising placed in a newspaper, telephone directory, magazine, or electronic medium, that the facility performs abortions; or\n(4) applies for an abortion facility license.\n(c) For purposes of this section, an abortion facility is operating if the facility is open for any period of time during a day and has on site at the facility or on call a physician available to perform abortions.\nActs 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 22.01, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.788, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 999, Sec. 2, eff. Sept. 1, 2003.","path":["HEALTH AND SAFETY CODE","TITLE 4. HEALTH FACILITIES","SUBTITLE B. LICENSING OF HEALTH FACILITIES","CHAPTER 245. ABORTION FACILITIES"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.245.htm#245.004","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"634e3a1cb183201fc21dffa5f34dea9abb5a0a85f3bbebff42034db8d4933bef","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-245.004","next":"us-tx/tex.-health-and-safety-code-245.005"},"notice":"GroundRules: Original legal text. Not legal advice."}