Bill Text: TX HB1623 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to personhood rights for born and preborn human beings.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2021-03-09 - Referred to Public Health [HB1623 Detail]
Download: Texas-2021-HB1623-Introduced.html
87R6303 SCL-D | ||
By: Toth | H.B. No. 1623 |
|
||
|
||
relating to personhood rights for born and preborn human beings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 1, Health and Safety Code, is amended by | ||
adding Chapter 2 to read as follows: | ||
CHAPTER 2. PERSONHOOD RIGHTS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 2.001. DEFINITIONS. In this chapter: | ||
(1) "Assisted reproduction" has the meaning assigned | ||
by Section 160.102, Family Code. | ||
(2) "Human embryo" means a genetically complete living | ||
organism of the species Homo sapiens, from the single-cell | ||
fertilized egg to the blastocyst stage. | ||
Sec. 2.002. LEGISLATIVE FINDINGS. Regarding the sanctity | ||
of life, the legislature finds: | ||
(1) the July 4, 1776, Declaration of Independence is | ||
one of the organic laws of the United States; | ||
(2) all persons are endowed by their Creator with | ||
certain unalienable rights; | ||
(3) personhood is God-given, as all persons are | ||
created in the image of God; and | ||
(4) a human being is a person at fertilization. | ||
Sec. 2.003. CONSTRUCTION OF CHAPTER. This chapter may not | ||
be construed to prohibit: | ||
(1) a licensed physician from performing a medical | ||
procedure or providing medical treatment designed or intended to | ||
prevent the death of a pregnant woman in accordance with Section | ||
2.052; | ||
(2) contraception to prevent fertilization; or | ||
(3) in vitro fertilization or other assisted | ||
reproduction. | ||
Sec. 2.004. CONFLICT OF LAWS. This chapter prevails over | ||
other law to the extent of any conflict. | ||
SUBCHAPTER B. PERSONHOOD RIGHTS | ||
Sec. 2.051. VESTMENT OF RIGHTS. (a) The right to life for | ||
each born and preborn human being vests at fertilization. | ||
(b) Due process rights guaranteed by the laws of this state | ||
for each born and preborn human being vest at fertilization. | ||
Sec. 2.052. MEDICAL TREATMENT ON PREGNANT WOMEN TO PREVENT | ||
DEATH; ENFORCEMENT. (a) While providing to a pregnant woman | ||
treatment designed or intended to prevent the death of the woman, a | ||
physician shall make reasonable medical efforts under the | ||
circumstances to preserve the life of both the woman and the preborn | ||
human being in a manner consistent with accepted medical standards. | ||
(b) An accidental or unintentional injury or death to a | ||
preborn human being does not violate this chapter. | ||
(c) The threat of a pregnant woman's death may not be based | ||
on: | ||
(1) a diagnosis or claim of a mental or emotional | ||
condition of the woman; or | ||
(2) a diagnosis or claim that the woman will | ||
purposefully engage in conduct that she intends will result in her | ||
death. | ||
(d) This section may not be construed to authorize the | ||
intentional killing of a preborn human being. | ||
(e) The Texas Medical Board may take a disciplinary action | ||
authorized under Subtitle B, Title 3, Occupations Code, against a | ||
physician who violates this chapter as if the physician violated | ||
Subtitle B, Title 3, Occupations Code. | ||
Sec. 2.053. EMBRYO DISPUTE STANDARDS. In a dispute between | ||
any persons regarding an unimplanted human embryo created using | ||
assisted reproduction, the court shall resolve the dispute in | ||
accordance with the best interests of the embryo. | ||
SECTION 2. Section 2.053, Health and Safety Code, as added | ||
by this Act, applies only to a cause of action that accrues on or | ||
after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2021. |