Texas Rep, Having Failed to Pass Anti-Choice Law, Orders Department of Health to Do His Bidding Anyway

11:09 am in Uncategorized by RH Reality Check

Written by Andrea Grimes for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

Texas Republican House Representative Bill Zedler couldn’t get the anti-choice amendment he proposed during last year’s special lawmaking session approved by his peers in the legislature–he’d like to gather as much information as possible on women seeking, and doctors performing, abortions–so he’s asked the Texas Department of State Health Services (DSHS) to do it for him. And at a meeting held last week in Austin, it became clear the DSHS brass is happy to help him out.

The Texas DSHS called the abortion provider stakeholders meeting one afternoon last week to begin the process of getting public comment on “updated reporting requirements” instituted at the behest of Rep. Zedler.

It confirms the worst fears of abortion providers who suspected, when they were notified a week before about the meeting, “that the truth the state is hiding is that it now means to implement by regulation what it has failed for the past several years to accomplish through legislation.”

DSHS Health Care Quality Section Director Renee Clack told a group of about twenty abortion providers, pro-choice activists and clinical workers that the “primary reason” for the meeting was to address implementation of two laws passed last year that require mandatory transvaginal sonograms and exclude Planned Parenthood from participating in Texas’ Medicaid Women’s Health Program, and also to address “some amendments the department has included that specifically relate to a request by Representative Zedler.”

Even though lawmakers did not approve these new rules because Zedler’s amendment–and others like it–have repeatedly been shot down in legislative session or languished in committee hearings, the DSHS says it has the “authority” to initiate them anyway, so that’s what they’re going to do.

The DSHS’ willingness to take up new requirements that, by their own admission, they were not seeking to institute before Rep. Zedler’s request raises disturbing questions: Can individual lawmakers simply bypass the legislative process and “request” that state departments do their bidding? Why should lawmakers bother trying to pass laws with the consent of their fellow democratically-elected legislators when they can just “request” state departments do their bidding later on?

When pressed by RH Reality Check, the DSHS reps refused to clarify its intentions with the updated reporting requirements and specify how the updated requirements–which are redundant at best and intimidating at worst–would benefit the public health and safety of Texans. Their refrain: we have the authority to do this, so we’re doing it. 

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