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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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