Bill Text: TX HB113 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to prohibiting abortion that is based on the sex of the unborn child; creating an offense.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2015-02-09 - Referred to State Affairs [HB113 Detail]
Download: Texas-2015-HB113-Introduced.html
84R1736 AJZ-D | ||
By: Fletcher | H.B. No. 113 |
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relating to prohibiting abortion that is based on the sex of the | ||
unborn child; creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 170, Health and Safety Code, is amended | ||
by adding Sections 170.003 and 170.004 to read as follows: | ||
Sec. 170.003. SEX-SELECTIVE ABORTION. (a) A person may | ||
not: | ||
(1) knowingly perform or attempt to perform on a | ||
pregnant woman an abortion that is based on the sex of the pregnant | ||
woman's unborn child; or | ||
(2) use force or the threat of force to intentionally | ||
injure or intimidate a person in order to coerce the performance or | ||
attempted performance of an abortion that is based on the sex of the | ||
pregnant woman's unborn child. | ||
(b) A person other than a physician who violates this | ||
section commits an offense. An offense under this section is a | ||
Class B misdemeanor. | ||
(c) A physician who violates Subsection (a)(1) engages in | ||
unprofessional conduct for which the physician's license may be | ||
suspended or revoked under Chapter 164, Occupations Code. | ||
(d) A physician who violates Subsection (a)(2) commits an | ||
offense. An offense under this subsection is a misdemeanor | ||
punishable by a fine not to exceed $10,000. | ||
(e) A woman on whom an abortion is performed or attempted in | ||
violation of this section may not be prosecuted under this section | ||
or for conspiracy to commit a violation of this section. | ||
Sec. 170.004. CIVIL REMEDIES. (a) A civil action may be | ||
brought against a person who violates Section 170.003 by: | ||
(1) the woman on whom an abortion was performed or | ||
attempted in violation of Section 170.003; | ||
(2) the father of the unborn child of the woman on whom | ||
the abortion was performed or attempted in violation of Section | ||
170.003, unless the pregnancy resulted from the father's criminal | ||
conduct; or | ||
(3) a maternal grandparent of an unborn child if the | ||
woman on whom the abortion was performed or attempted in violation | ||
of Section 170.003 was less than 18 years of age at the time of the | ||
violation, unless the pregnancy resulted from the maternal | ||
grandparent's criminal conduct. | ||
(b) A person who brings an action under this section may | ||
obtain: | ||
(1) injunctive relief; | ||
(2) damages incurred by the person, including: | ||
(A) actual damages for all psychological, | ||
emotional, and physical injuries resulting from the violation of | ||
Section 170.003; | ||
(B) court costs; and | ||
(C) reasonable attorney's fees; or | ||
(3) both injunctive relief and damages. | ||
(c) An action for damages or injunctive relief under this | ||
section must be filed: | ||
(1) in a district court in the county in which the | ||
woman on whom an abortion was performed or attempted in violation of | ||
Section 170.003 resides; and | ||
(2) not later than the sixth anniversary of the date | ||
the abortion was performed or attempted in violation of Section | ||
170.003. | ||
(d) The damages and injunctive relief authorized by this | ||
section are in addition to any other remedy available by law. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an abortion performed or attempted on or after the effective date | ||
of this Act. An abortion performed or attempted before the | ||
effective date of this Act is governed by the law in effect at the | ||
time the abortion was performed or attempted, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |