Bill Text: TX HB896 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to prohibiting abortion and protecting the rights of an unborn child.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2019-04-09 - Left pending in committee [HB896 Detail]

Download: Texas-2019-HB896-Introduced.html
  86R6142 SCL-F
 
  By: Tinderholt H.B. No. 896
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting abortion and protecting the rights of an
  unborn child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 151.002, Family Code, is
  amended to read as follows:
         Sec. 151.002.  RIGHTS OF A LIVING CHILD [AFTER AN ABORTION OR
  PREMATURE BIRTH].
         SECTION 2.  Section 151.002(a), Family Code, is amended to
  read as follows:
         (a)  A living human child, from the moment of fertilization
  on fusion of a human spermatozoon with a human ovum, [born alive
  after an abortion or premature birth] is entitled to the same
  rights, powers, and privileges as are secured or granted by the laws
  of this state to any other human child [born alive after the normal
  gestation period].
         SECTION 3.  Subchapter B, Chapter 402, Government Code, is
  amended by adding Section 402.0375 to read as follows:
         Sec. 402.0375.  ABORTION PROHIBITION ENFORCEMENT. The
  attorney general shall monitor this state's enforcement of Chapters
  19 and 22, Penal Code, in relation to abortion. The attorney
  general shall direct a state agency to enforce those laws,
  regardless of any contrary federal law, executive order, or court
  decision.
         SECTION 4.  The heading to Chapter 370, Local Government
  Code, is amended to read as follows:
  CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
  COUNTY] HEALTH AND PUBLIC SAFETY FOR MORE THAN ONE TYPE OF LOCAL
  GOVERNMENT
         SECTION 5.  Chapter 370, Local Government Code, is amended
  by adding Section 370.007 to read as follows:
         Sec. 370.007.  ABORTION PROHIBITION ENFORCEMENT. The
  governing body of a political subdivision of this state shall
  ensure that the political subdivision enforces Chapters 19 and 22,
  Penal Code, in relation to abortion, regardless of any contrary
  federal law, executive order, or court decision.
         SECTION 6.  Section 19.06, Penal Code, is amended to read as
  follows:
         Sec. 19.06.  APPLICABILITY TO CERTAIN CONDUCT.
  Notwithstanding any other law, this [This] chapter applies [does
  not apply] to the death of an unborn child, regardless of whether
  [if] the conduct charged is:
               (1)  conduct committed by the mother of the unborn
  child;
               (2)  a [lawful medical] procedure performed by a
  physician or other licensed health care provider, including [with
  the requisite consent, if the death of the unborn child was the
  intended result of the procedure;
               [(3)]  a [lawful medical] procedure performed [by a
  physician or other licensed health care provider with the requisite
  consent] as part of an assisted reproduction as defined by Section
  160.102, Family Code; or
               (3) [(4)]  the dispensation or administration of a drug
  [in accordance with law or administration of a drug prescribed in
  accordance with law].
         SECTION 7.  Section 22.12, Penal Code, is amended to read as
  follows:
         Sec. 22.12.  APPLICABILITY TO CERTAIN CONDUCT.
  Notwithstanding any other law, this [This] chapter applies [does
  not apply] to conduct charged as having been committed against an
  individual who is an unborn child, regardless of whether [if] the
  conduct is:
               (1)  committed by the mother of the unborn child;
               (2)  a [lawful medical] procedure performed by a
  physician or other health care provider, including [with the
  requisite consent;
               [(3)]  a [lawful medical] procedure performed [by a
  physician or other licensed health care provider with the requisite
  consent] as part of an assisted reproduction as defined by Section
  160.102, Family Code; or
               (3) [(4)]  the dispensation or administration of a drug
  [in accordance with law or administration of a drug prescribed in
  accordance with law].
         SECTION 8.  The following provisions are repealed:
               (1)  Section 71.003(c), Civil Practice and Remedies
  Code;
               (2)  Section 103.002(b), Occupations Code;
               (3)  Section 20.01(5), Penal Code; and
               (4)  Section 49.12, Penal Code.
         SECTION 9.  (a) The changes in law made by this Act apply
  only to conduct that occurs on or after the effective date of this
  Act. Conduct that occurs before the effective date of this Act is
  governed by the law in effect immediately before the effective date
  of this Act, and that law is continued in effect for that purpose.
         (b)  The changes in law made by this Act apply only to an
  offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect when the offense was committed, and the former
  law is continued in effect for that purpose. For purposes of this
  section, an offense is committed before the effective date of this
  Act if any element of the offense occurs before the effective date.
         SECTION 10.  Any federal law, executive order, or court
  decision that purports to supersede, stay, or overrule this Act is
  in violation of the Texas Constitution and the United States
  Constitution and is therefore void. The State of Texas, a political
  subdivision of this state, and any agent of this state or a
  political subdivision of this state may, but is not required to,
  enter an appearance, special or otherwise, in any federal suit
  challenging this Act.
         SECTION 11.  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, 2019.
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