Bill Text: TX SB1647 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to information regarding perinatal palliative care, regulation of abortion, and the availability of certain defenses to prosecution for homicide and assault offenses; creating a criminal offense.
Spectrum: Partisan Bill (Republican 44-1)
Status: (Engrossed - Dead) 2021-05-03 - Committee report sent to Calendars [SB1647 Detail]
Download: Texas-2021-SB1647-Introduced.html
Bill Title: Relating to information regarding perinatal palliative care, regulation of abortion, and the availability of certain defenses to prosecution for homicide and assault offenses; creating a criminal offense.
Spectrum: Partisan Bill (Republican 44-1)
Status: (Engrossed - Dead) 2021-05-03 - Committee report sent to Calendars [SB1647 Detail]
Download: Texas-2021-SB1647-Introduced.html
87R14596 TYPED | ||
By: Perry, Campbell, Hall | S.B. No. 1647 |
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relating to information regarding perinatal palliative care, | ||
regulation of abortion, and the availability of certain defenses to | ||
prosecution for homicide and assault offenses; providing an | ||
administrative penalty; creating criminal offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. LEGISLATIVE FINDINGS | ||
SECTION 1.01. The legislature finds that: | ||
(1) Texas has a compelling state interest in | ||
protecting all Texans from discrimination based on sex, race, and | ||
disability; and | ||
(2) Texas enforces prohibitions against | ||
discrimination based on sex, race, and disability in various areas, | ||
including housing, employment, education, insurance, and health | ||
program and service provision. | ||
ARTICLE 2. PROVISIONS EFFECTIVE SEPTEMBER 1, 2021 | ||
SECTION 2.01. Chapter 161, Health and Safety Code, is | ||
amended by adding Subchapter X to read as follows: | ||
SUBCHAPTER X. PERINATAL PALLIATIVE CARE | ||
Sec. 161.701. PURPOSE OF SUBCHAPTER. The purpose of this | ||
subchapter is to ensure that a pregnant woman who receives a | ||
diagnosis of a life-threatening disability of the woman's preborn | ||
child is informed of the availability of perinatal palliative care. | ||
Sec. 161.702. DEFINITION. In this subchapter, "perinatal | ||
palliative care" means the provision of comprehensive, supportive | ||
care to reduce the suffering of a pregnant woman, her preborn child, | ||
and her family, from diagnosis of the preborn child's | ||
life-threatening disability through the delivery and possible | ||
death of the child as a result of the life-threatening disability. | ||
The term includes medical, social, and mental health care, | ||
including counseling and health care provided by maternal-fetal | ||
medical specialists, obstetricians, neonatologists, anesthesia | ||
specialists, specialty nurses, clergy, social workers, and other | ||
individuals focused on alleviating fear and pain and ensuring the | ||
pregnant woman, her preborn child, and her family experience a | ||
supportive environment. | ||
Sec. 161.703. PERINATAL PALLIATIVE CARE INFORMATIONAL | ||
MATERIALS. (a) The commission shall develop perinatal palliative | ||
care informational materials and post the materials on the | ||
commission's Internet website. The materials must include: | ||
(1) a description of the health care and other | ||
services available through perinatal palliative care; and | ||
(2) information about medical assistance benefits | ||
that may be available for prenatal care, childbirth, and perinatal | ||
palliative care. | ||
(b) The commission shall develop, regularly update, and | ||
publish a geographically indexed list of all perinatal palliative | ||
care providers and programs in this state. The commission may | ||
include perinatal palliative care providers and programs in other | ||
states that provide care to residents of this state but may not | ||
include an abortion provider, as defined by Section 171.002, or an | ||
affiliate, as defined by Section 2272.001, Government Code, as | ||
added by Chapter 501 (S.B. 22), Acts of the 86th Legislature, | ||
Regular Session, 2019, of an abortion provider. The commission | ||
shall post the list of perinatal palliative care providers and | ||
programs, including contact information, on the commission's | ||
Internet website and note the providers and programs that provide | ||
services free of charge. | ||
Sec. 161.704. PERINATAL PALLIATIVE CARE CERTIFICATION | ||
FORM. The commission shall develop a form on which a pregnant woman | ||
certifies that she has received the perinatal palliative care | ||
informational materials and list of the perinatal palliative care | ||
providers and programs described by Section 161.703. | ||
Sec. 161.705. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF | ||
PREBORN CHILD'S LIFE-THREATENING DISABILITY. A health care | ||
provider who diagnoses a pregnant woman's preborn child as having a | ||
life-threatening disability shall, at the time of the diagnosis: | ||
(1) provide the pregnant woman with a written copy of: | ||
(A) the perinatal palliative care informational | ||
materials and list of the perinatal palliative care providers and | ||
programs described by Section 161.703; and | ||
(B) the perinatal palliative care certification | ||
form described by Section 161.704; and | ||
(2) obtain from the pregnant woman the signed | ||
perinatal palliative care certification form and place the form in | ||
the pregnant woman's medical records. | ||
Sec. 161.706. EXCEPTION. A health care provider is not | ||
required to provide the perinatal palliative care informational | ||
materials or perinatal palliative care certification form under | ||
this subchapter if the health care provider verifies the pregnant | ||
woman's medical record contains a signed perinatal palliative care | ||
certification form for that pregnancy as required under Section | ||
161.705(2). | ||
SECTION 2.02. Chapter 170, Health and Safety Code, is | ||
amended by designating Sections 170.001 and 170.002 as Subchapter A | ||
and adding a subchapter heading to read as follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS; POST-VIABILITY ABORTION | ||
PROHIBITED | ||
SECTION 2.03. Section 170.001, Health and Safety Code, is | ||
amended by adding Subdivision (2-a) to read as follows: | ||
(2-a) "Preborn child" means an unborn child as defined | ||
by Section 171.061. | ||
SECTION 2.04. Section 170.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 170.002. PROHIBITED ACTS; EXEMPTION. (a) Except as | ||
provided by Subsection (b), a person may not intentionally or | ||
knowingly perform or induce an abortion on a woman who is pregnant | ||
with a preborn [ |
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the pregnancy. | ||
(b) Subsection (a) does not prohibit a person from | ||
performing or inducing an abortion if at the time of the abortion | ||
the person is a physician and concludes in good faith according to | ||
the physician's best medical judgment that[ |
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[ |
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[ |
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emergency, as defined by Section 171.002 [ |
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[ |
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(c) A physician who performs or induces an abortion that, | ||
according to the physician's best medical judgment at the time of | ||
the abortion, is to abort a preborn [ |
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third trimester of the pregnancy shall certify in writing to the | ||
commission, on a form prescribed by the commission, the medical | ||
indications supporting the physician's judgment that the abortion | ||
was authorized by Subsection (b) [ |
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be made not later than the 30th day after the date the abortion was | ||
performed or induced. | ||
SECTION 2.05. Chapter 170, Health and Safety Code, is | ||
amended by adding Subchapter B to read as follows: | ||
SUBCHAPTER B. PREBORN NONDISCRIMINATION ACT | ||
Sec. 170.051. DEFINITION. In this subchapter, "disability" | ||
means: | ||
(1) a physical or mental impairment that would | ||
substantially limit one or more of an individual's major life | ||
activities; | ||
(2) an assessment referencing an individual's | ||
impairment described by Subdivision (1); or | ||
(3) a physical disfigurement, scoliosis, dwarfism, | ||
Down syndrome, albinism, amelia, or any other type of physical, | ||
mental, or intellectual abnormality or disease. | ||
Sec. 170.052. DISCRIMINATORY ABORTION PROHIBITED. A person | ||
may not: | ||
(1) knowingly perform or induce or attempt to perform | ||
or induce on a pregnant woman an abortion based on the race, | ||
ethnicity, sex, or disability of the woman's preborn child, | ||
including a probability of diagnosis that the child has a | ||
disability; or | ||
(2) use force or the threat of force to intentionally | ||
injure or intimidate a person to coerce the performance or | ||
inducement or attempted performance or inducement of an abortion | ||
based on the race, ethnicity, sex, or disability of the woman's | ||
preborn child, including a probability of diagnosis that the child | ||
has a disability. | ||
Sec. 170.053. CRIMINAL PENALTY. (a) A person who violates | ||
Section 170.052 commits an offense. An offense under this | ||
subsection is a Class A misdemeanor. | ||
(b) A woman on whom an abortion is performed or induced or | ||
attempted to be performed or induced in violation of Section | ||
170.052 may not be prosecuted for a violation of that section or for | ||
conspiracy to commit a violation of that section. | ||
Sec. 170.054. LICENSE SUSPENSION OR REVOCATION. A | ||
physician who violates Section 170.052 engages in unprofessional | ||
conduct for which the physician's license may be suspended or | ||
revoked under Chapter 164, Occupations Code. | ||
Sec. 170.055. CIVIL REMEDIES. (a) A civil action may be | ||
brought against a person who violates Section 170.052 by: | ||
(1) the woman on whom an abortion was performed or | ||
induced or attempted to be performed or induced in violation of | ||
Section 170.052; | ||
(2) the father of the preborn child for an abortion | ||
performed or induced or attempted to be performed or induced on a | ||
pregnant woman in violation of Section 170.052, unless the woman's | ||
pregnancy resulted from the father's criminal conduct; or | ||
(3) a maternal grandparent of the preborn child for an | ||
abortion performed or induced or attempted to be performed or | ||
induced in violation of Section 170.052 on a pregnant woman who was | ||
less than 18 years of age at the time of the violation, unless the | ||
woman's 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 170.052; | ||
(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 induced or attempted to | ||
be performed or induced in violation of Section 170.052 resides; | ||
and | ||
(2) not later than the sixth anniversary of the date | ||
the abortion was performed or induced or attempted to be performed | ||
or induced in violation of Section 170.052. | ||
(d) The damages and injunctive relief authorized by this | ||
section are in addition to any other remedy available by law. | ||
(e) A civil action under this section may not be brought | ||
against a woman on whom an abortion is performed or induced or | ||
attempted to be performed or induced in violation of Section | ||
170.052. | ||
SECTION 2.06. Section 171.002, Health and Safety Code, is | ||
amended by adding Subdivision (3-a) to read as follows: | ||
(3-a) "Preborn child" means an unborn child as defined | ||
by Section 171.061. | ||
SECTION 2.07. Subchapter A, Chapter 171, Health and Safety | ||
Code, is amended by adding Section 171.008 to read as follows: | ||
Sec. 171.008. REQUIRED DOCUMENTATION. (a) If an abortion | ||
is performed or induced on a pregnant woman because of a medical | ||
emergency, the physician who performs or induces the abortion shall | ||
execute a written document that certifies the abortion is necessary | ||
due to a medical emergency and specifies the woman's medical | ||
condition requiring the abortion. | ||
(b) A physician shall: | ||
(1) place the document described by Subsection (a) in | ||
the pregnant woman's medical record; and | ||
(2) maintain a copy of the document described by | ||
Subsection (a) in the physician's practice records. | ||
(c) A physician who performs or induces an abortion on a | ||
pregnant woman shall: | ||
(1) if the abortion is performed or induced to | ||
preserve the health of the pregnant woman, execute a written | ||
document that: | ||
(A) specifies the medical condition the abortion | ||
is asserted to address; and | ||
(B) provides the medical rationale for the | ||
physician's conclusion that the abortion is necessary to address | ||
the medical condition; or | ||
(2) for an abortion other than an abortion described | ||
by Subdivision (1), specify in a written document that maternal | ||
health is not a purpose of the abortion. | ||
(d) The physician shall maintain a copy of a document | ||
described by Subsection (c) in the physician's practice records. | ||
SECTION 2.08. Section 171.012, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsections (g) and | ||
(h) to read as follows: | ||
(a) Consent to an abortion is voluntary and informed only | ||
if: | ||
(1) the physician who is to perform or induce the | ||
abortion informs the pregnant woman on whom the abortion is to be | ||
performed or induced of: | ||
(A) the physician's name; | ||
(B) the particular medical risks associated with | ||
the particular abortion procedure to be employed, including, when | ||
medically accurate: | ||
(i) the risks of infection and hemorrhage; | ||
(ii) the potential danger to a subsequent | ||
pregnancy and of infertility; and | ||
(iii) the possibility of increased risk of | ||
breast cancer following an induced abortion and the natural | ||
protective effect of a completed pregnancy in avoiding breast | ||
cancer; | ||
(C) the probable gestational age of the preborn | ||
[ |
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induced; [ |
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(D) the medical risks associated with carrying | ||
the preborn child to term; and | ||
(E) the state law prohibiting abortion of a | ||
preborn child solely based on the preborn child's race, ethnicity, | ||
sex, or disability, as defined by Section 170.051, including a | ||
probability of diagnosis that the child has a disability; | ||
(2) the physician who is to perform or induce the | ||
abortion or the physician's agent informs the pregnant woman that: | ||
(A) medical assistance benefits may be available | ||
for prenatal care, childbirth, and neonatal care; | ||
(B) the father is liable for assistance in the | ||
support of the child without regard to whether the father has | ||
offered to pay for the abortion; and | ||
(C) public and private agencies provide | ||
pregnancy prevention counseling and medical referrals for | ||
obtaining pregnancy prevention medications or devices, including | ||
emergency contraception for victims of rape or incest; | ||
(3) the physician who is to perform or induce the | ||
abortion or the physician's agent: | ||
(A) provides the pregnant woman with the printed | ||
materials described by Section 171.014; and | ||
(B) informs the pregnant woman that those | ||
materials: | ||
(i) have been provided by the commission | ||
[ |
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(ii) are accessible on an Internet website | ||
sponsored by the commission [ |
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(iii) describe the preborn [ |
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and list agencies that offer alternatives to abortion; and | ||
(iv) include a list of agencies that offer | ||
sonogram services at no cost to the pregnant woman; | ||
(4) before any sedative or anesthesia is administered | ||
to the pregnant woman and at least 24 hours before the abortion or | ||
at least two hours before the abortion if the pregnant woman waives | ||
this requirement by certifying that she currently lives 100 miles | ||
or more from the nearest abortion provider that is a facility | ||
licensed under Chapter 245 or a facility that performs or induces | ||
more than 50 abortions in any 12-month period: | ||
(A) the physician who is to perform or induce the | ||
abortion or an agent of the physician who is also a sonographer | ||
certified by a national registry of medical sonographers performs a | ||
sonogram on the pregnant woman on whom the abortion is to be | ||
performed or induced; | ||
(B) the physician who is to perform or induce the | ||
abortion displays the sonogram images in a quality consistent with | ||
current medical practice in a manner that the pregnant woman may | ||
view them; | ||
(C) the physician who is to perform or induce the | ||
abortion provides, in a manner understandable to a layperson, a | ||
verbal explanation of the results of the sonogram images, including | ||
a medical description of the dimensions of the embryo or fetus, the | ||
presence of cardiac activity, and the presence of external members | ||
and internal organs; and | ||
(D) the physician who is to perform or induce the | ||
abortion or an agent of the physician who is also a sonographer | ||
certified by a national registry of medical sonographers makes | ||
audible the heart auscultation for the pregnant woman to hear, if | ||
present, in a quality consistent with current medical practice and | ||
provides, in a manner understandable to a layperson, a simultaneous | ||
verbal explanation of the heart auscultation; | ||
(5) before receiving a sonogram under Subdivision | ||
(4)(A) and before the abortion is performed or induced and before | ||
any sedative or anesthesia is administered, the pregnant woman | ||
completes and certifies with her signature an election form that | ||
states as follows: | ||
"ABORTION AND SONOGRAM ELECTION | ||
(1) THE INFORMATION AND PRINTED MATERIALS | ||
DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH | ||
AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO | ||
ME. | ||
(2) I UNDERSTAND THE NATURE AND | ||
CONSEQUENCES OF AN ABORTION. | ||
(3) TEXAS LAW REQUIRES THAT I RECEIVE A | ||
SONOGRAM PRIOR TO RECEIVING AN ABORTION. | ||
(4) I UNDERSTAND THAT I HAVE THE OPTION TO | ||
VIEW THE SONOGRAM IMAGES. | ||
(5) I UNDERSTAND THAT I HAVE THE OPTION TO | ||
HEAR THE HEARTBEAT. | ||
(6) I UNDERSTAND THAT I AM REQUIRED BY LAW | ||
TO HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I | ||
CERTIFY IN WRITING TO ONE OF THE FOLLOWING: | ||
___ I AM PREGNANT AS A RESULT OF A SEXUAL | ||
ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL | ||
CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT | ||
AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I | ||
REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK | ||
OF RETALIATION RESULTING IN SERIOUS BODILY INJURY. | ||
___ I AM A MINOR AND OBTAINING AN ABORTION | ||
IN ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER | ||
CHAPTER 33, TEXAS FAMILY CODE. | ||
___ MY PREBORN CHILD [ |
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IRREVERSIBLE MEDICAL CONDITION OR ABNORMALITY, AS | ||
IDENTIFIED BY RELIABLE DIAGNOSTIC PROCEDURES AND | ||
DOCUMENTED IN MY MEDICAL FILE. | ||
(7) I AM MAKING THIS ELECTION OF MY OWN | ||
FREE WILL AND WITHOUT COERCION. | ||
(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE | ||
FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY | ||
LICENSED UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY | ||
CODE, OR A FACILITY THAT PERFORMS OR INDUCES MORE THAN | ||
50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY: | ||
I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 | ||
MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT | ||
IS A FACILITY LICENSED UNDER CHAPTER 245, TEXAS HEALTH | ||
AND SAFETY CODE, OR A FACILITY THAT PERFORMS OR INDUCES | ||
MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE | ||
THE REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS | ||
PERFORMED BEFORE RECEIVING THE ABORTION PROCEDURE. MY | ||
PLACE OF RESIDENCE IS:__________. | ||
__________________ _____________________ | ||
SIGNATURE DATE"; | ||
(6) before the abortion is performed or induced, the | ||
physician who is to perform or induce the abortion receives a copy | ||
of the signed, written certification required by Subdivision (5); | ||
and | ||
(7) the pregnant woman is provided the name of each | ||
person who provides or explains the information required under this | ||
subsection. | ||
(g) If the pregnant woman's preborn child has been diagnosed | ||
with a life-threatening disability, the physician who is to perform | ||
or induce the abortion shall, at least 24 hours before the abortion: | ||
(1) orally and in person, inform the pregnant woman of | ||
the availability of perinatal palliative care, as that term is | ||
defined by Section 161.702; and | ||
(2) provide the pregnant woman with a written copy of: | ||
(A) the perinatal palliative care informational | ||
materials and list of the perinatal palliative care providers and | ||
programs described by Section 161.703; and | ||
(B) the perinatal palliative care certification | ||
form described by Section 161.704. | ||
(h) If a pregnant woman described by Subsection (g), after | ||
receiving from the physician who is to perform or induce the | ||
abortion the perinatal palliative care informational materials and | ||
certification form described by that subsection in the manner | ||
required by that subsection, chooses to have an abortion instead of | ||
continuing the pregnancy in perinatal palliative care, the | ||
physician may perform or induce the abortion only after: | ||
(1) the pregnant woman signs the certification form; | ||
and | ||
(2) the physician places the signed certification form | ||
in the pregnant woman's medical records. | ||
SECTION 2.09. Section 171.0121, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion | ||
begins, a copy of the signed, written certification received by the | ||
physician under Section 171.012(a)(6) and, if applicable, under | ||
Section 161.704 must be placed in the pregnant woman's medical | ||
records. | ||
(b) A copy of the signed, written certification required | ||
under Sections 171.012(a)(5) and (6) and of any signed, written | ||
certification required under Section 161.704 shall be retained by | ||
the facility where the abortion is performed or induced until: | ||
(1) the seventh anniversary of the date the | ||
certification [ |
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(2) if the pregnant woman is a minor, the later of: | ||
(A) the seventh anniversary of the date the | ||
certification [ |
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(B) the woman's 21st birthday. | ||
SECTION 2.10. Section 171.014(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) The department shall publish informational materials | ||
that include: | ||
(1) the information required to be provided under | ||
Sections 171.012(a)(1)(B), [ |
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and (C); and | ||
(2) the materials required by Sections 161.703, | ||
171.015, and 171.016. | ||
SECTION 2.11. The heading to Subchapter C, Chapter 171, | ||
Health and Safety Code, is amended to read as follows: | ||
SUBCHAPTER C. ABORTION PROHIBITED AT OR AFTER 20 WEEKS PROBABLE | ||
GESTATIONAL AGE [ |
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SECTION 2.12. Section 171.042, Health and Safety Code, is | ||
amended by adding Subdivision (1-a) to read as follows: | ||
(1-a) "Probable gestational age" means the duration of | ||
a pregnancy measured by the number of weeks and days that have | ||
elapsed from the first day of the pregnant woman's last menstrual | ||
period out of an expected 40-week gestation. | ||
SECTION 2.13. Sections 171.043, 171.044, and 171.045, | ||
Health and Safety Code, are amended to read as follows: | ||
Sec. 171.043. DETERMINATION OF PROBABLE GESTATIONAL | ||
[ |
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Section 171.046, a physician may not perform or induce or attempt to | ||
perform or induce an abortion without, prior to the procedure: | ||
(1) making a determination of the probable gestational | ||
[ |
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(2) possessing and relying on a determination of the | ||
probable gestational [ |
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[ |
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Sec. 171.044. ABORTION OF PREBORN [ |
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MORE WEEKS PROBABLE GESTATIONAL [ |
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PROHIBITED. Except as otherwise provided by Section 171.046, a | ||
person may not perform or induce or attempt to perform or induce an | ||
abortion on a woman if it has been determined, by the physician | ||
performing, inducing, or attempting to perform or induce the | ||
abortion or by another physician on whose determination that | ||
physician relies, that the probable gestational | ||
[ |
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more weeks. | ||
Sec. 171.045. METHOD OF ABORTION. (a) This section applies | ||
only to an abortion authorized under Section 171.046(a)(1) or (2) | ||
in which: | ||
(1) the probable gestational [ |
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of the preborn [ |
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(2) the probable gestational [ |
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of the preborn [ |
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reasonably be 20 or more weeks. | ||
(b) Except as otherwise provided by Section 171.046(a)(3), | ||
a physician performing or inducing an abortion under Subsection (a) | ||
shall terminate the pregnancy in the manner that, in the | ||
physician's reasonable medical judgment, provides the best | ||
opportunity for the preborn [ |
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SECTION 2.14. Section 171.046(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) The prohibitions and requirements under Sections | ||
171.043, 171.044, and 171.045(b) do not apply to an abortion | ||
performed or induced if there exists a condition that, in the | ||
physician's reasonable medical judgment, so complicates the | ||
medical condition of the woman that, to avert the woman's death or a | ||
serious risk of substantial and irreversible physical impairment of | ||
a major bodily function, other than a psychological condition, it | ||
necessitates, as applicable: | ||
(1) the immediate abortion of her pregnancy without | ||
the delay necessary to determine the probable gestational | ||
[ |
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(2) the abortion of her pregnancy even though the | ||
probable gestational [ |
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[ |
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(3) the use of a method of abortion other than a method | ||
described by Section 171.045(b). | ||
SECTION 2.15. Section 285.202(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) In this section, "medical emergency" means[ |
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[ |
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faith clinical judgment, complicates the medical condition of the | ||
pregnant woman and necessitates the immediate abortion of her | ||
pregnancy to avert her death or to avoid a serious risk of | ||
substantial impairment of a major bodily function[ |
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[ |
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SECTION 2.16. Section 164.052(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A physician or an applicant for a license to practice | ||
medicine commits a prohibited practice if that person: | ||
(1) submits to the board a false or misleading | ||
statement, document, or certificate in an application for a | ||
license; | ||
(2) presents to the board a license, certificate, or | ||
diploma that was illegally or fraudulently obtained; | ||
(3) commits fraud or deception in taking or passing an | ||
examination; | ||
(4) uses alcohol or drugs in an intemperate manner | ||
that, in the board's opinion, could endanger a patient's life; | ||
(5) commits unprofessional or dishonorable conduct | ||
that is likely to deceive or defraud the public, as provided by | ||
Section 164.053, or injure the public; | ||
(6) uses an advertising statement that is false, | ||
misleading, or deceptive; | ||
(7) advertises professional superiority or the | ||
performance of professional service in a superior manner if that | ||
advertising is not readily subject to verification; | ||
(8) purchases, sells, barters, or uses, or offers to | ||
purchase, sell, barter, or use, a medical degree, license, | ||
certificate, or diploma, or a transcript of a license, certificate, | ||
or diploma in or incident to an application to the board for a | ||
license to practice medicine; | ||
(9) alters, with fraudulent intent, a medical license, | ||
certificate, or diploma, or a transcript of a medical license, | ||
certificate, or diploma; | ||
(10) uses a medical license, certificate, or diploma, | ||
or a transcript of a medical license, certificate, or diploma that | ||
has been: | ||
(A) fraudulently purchased or issued; | ||
(B) counterfeited; or | ||
(C) materially altered; | ||
(11) impersonates or acts as proxy for another person | ||
in an examination required by this subtitle for a medical license; | ||
(12) engages in conduct that subverts or attempts to | ||
subvert an examination process required by this subtitle for a | ||
medical license; | ||
(13) impersonates a physician or permits another to | ||
use the person's license or certificate to practice medicine in | ||
this state; | ||
(14) directly or indirectly employs a person whose | ||
license to practice medicine has been suspended, canceled, or | ||
revoked; | ||
(15) associates in the practice of medicine with a | ||
person: | ||
(A) whose license to practice medicine has been | ||
suspended, canceled, or revoked; or | ||
(B) who has been convicted of the unlawful | ||
practice of medicine in this state or elsewhere; | ||
(16) performs or procures a criminal abortion, aids or | ||
abets in the procuring of a criminal abortion, attempts to perform | ||
or procure a criminal abortion, or attempts to aid or abet the | ||
performance or procurement of a criminal abortion; | ||
(17) directly or indirectly aids or abets the practice | ||
of medicine by a person, partnership, association, or corporation | ||
that is not licensed to practice medicine by the board; | ||
(18) performs or induces or attempts to perform or | ||
induce an abortion on a woman who is pregnant with a preborn [ |
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[ |
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emergency, as defined by Section 171.002, Health and Safety Code | ||
[ |
||
[ |
||
[ |
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(19) performs or induces or attempts to perform or | ||
induce an abortion on an unemancipated minor without the written | ||
consent of the child's parent, managing conservator, or legal | ||
guardian or without a court order, as provided by Section 33.003 or | ||
33.004, Family Code, unless the abortion is necessary due to a | ||
medical emergency, as defined by Section 171.002, Health and Safety | ||
Code; | ||
(20) otherwise performs or induces or attempts to | ||
perform or induce an abortion on an unemancipated minor in | ||
violation of Chapter 33, Family Code; | ||
(21) performs or induces or attempts to perform or | ||
induce an abortion in violation of Subchapter C, F, or G, Chapter | ||
171, Health and Safety Code; [ |
||
(22) in complying with the procedures outlined in | ||
Sections 166.045 and 166.046, Health and Safety Code, wilfully | ||
fails to make a reasonable effort to transfer a patient to a | ||
physician who is willing to comply with a directive; or | ||
(23) performs or induces or attempts to perform or | ||
induce an abortion or engages in other conduct in violation of | ||
Section 170.052, Health and Safety Code. | ||
SECTION 2.17. Section 164.055(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The sanctions provided by Subsection (a) are in addition | ||
to any other grounds for refusal to admit persons to examination | ||
under this subtitle or to issue a license or renew a license to | ||
practice medicine under this subtitle. The criminal penalties | ||
provided by Section 165.152 do not apply to a violation of Section | ||
170.002 or 170.052, Health and Safety Code, or Subchapter C, F, or | ||
G, Chapter 171, Health and Safety Code. | ||
SECTION 2.18. The following provisions of the Health and | ||
Safety Code are repealed: | ||
(1) Section 170.001(3); | ||
(2) Sections 171.042(1) and (2); | ||
(3) Section 171.046(c); and | ||
(4) Sections 285.202(a-1) and (a-2). | ||
ARTICLE 3. PROVISIONS EFFECTIVE SEPTEMBER 1, 2023, OR EARLIER | ||
SECTION 3.01. Chapter 171, Health and Safety Code, is | ||
amended by adding Subchapter H to read as follows: | ||
SUBCHAPTER H. DETECTION OF FETAL HEARTBEAT | ||
Sec. 171.201. DEFINITIONS. In this subchapter: | ||
(1) "Fetal heartbeat" means cardiac activity or the | ||
steady and repetitive rhythmic contraction of the fetal heart | ||
within the gestational sac. | ||
(2) "Gestational age" means the amount of time that | ||
has elapsed from the first day of a woman's last menstrual period. | ||
(3) "Gestational sac" means the structure comprising | ||
the extraembryonic membranes that envelop the preborn child and | ||
that is typically visible by ultrasound after the fourth week of | ||
pregnancy. | ||
(4) "Physician" means an individual licensed to | ||
practice medicine in this state, including a medical doctor and a | ||
doctor of osteopathic medicine. | ||
(5) "Preborn child" means a human fetus or embryo in | ||
any stage of gestation from fertilization until birth. | ||
(6) "Pregnancy" means the human female reproductive | ||
condition that: | ||
(A) begins with fertilization; | ||
(B) occurs when the woman is carrying the | ||
developing human offspring; and | ||
(C) is calculated from the first day of the | ||
woman's last menstrual period. | ||
(7) "Standard medical practice" means the degree of | ||
skill, care, and diligence that an obstetrician of ordinary | ||
judgment, learning, and skill would employ in like circumstances. | ||
Sec. 171.202. LEGISLATIVE FINDINGS. The legislature finds, | ||
according to contemporary medical research, that: | ||
(1) fetal heartbeat has become a key medical predictor | ||
that a preborn child will reach live birth; | ||
(2) cardiac activity begins at a biologically | ||
identifiable moment in time, normally when the fetal heart is | ||
formed in the gestational sac; | ||
(3) Texas has compelling interests from the outset of | ||
a woman's pregnancy in protecting the health of the woman and the | ||
life of the preborn child; and | ||
(4) to make an informed choice about whether to | ||
continue her pregnancy, the pregnant woman has a compelling | ||
interest in knowing the likelihood of her preborn child surviving | ||
to full-term birth based on the presence of cardiac activity. | ||
Sec. 171.203. DETERMINATION OF PRESENCE OF FETAL HEARTBEAT | ||
REQUIRED; RECORD. (a) For the purposes of determining the presence | ||
of a fetal heartbeat under this section, "standard medical | ||
practice" includes employing the appropriate means of detecting the | ||
heartbeat based on the estimated gestational age of the preborn | ||
child and the condition of the woman and her pregnancy. | ||
(b) Except as provided by Section 171.205, a physician may | ||
not knowingly perform or induce an abortion on a pregnant woman | ||
unless the physician has determined, in accordance with this | ||
section, whether the woman's preborn child has a detectable fetal | ||
heartbeat. | ||
(c) In making a determination under Subsection (b), the | ||
physician must use a test that is: | ||
(1) consistent with the physician's good faith and | ||
reasonable understanding of standard medical practice; | ||
(2) consistent with rules adopted under this | ||
subchapter; and | ||
(3) appropriate for the estimated gestational age of | ||
the preborn child and the condition of the pregnant woman and her | ||
pregnancy. | ||
(d) A physician making a determination under Subsection (b) | ||
shall record in the pregnant woman's medical record: | ||
(1) the estimated gestational age of the preborn | ||
child; | ||
(2) the method used to estimate the gestational age; | ||
and | ||
(3) the test used for detecting a fetal heartbeat, | ||
including the date, time, and results of the test. | ||
(e) The executive commissioner may adopt rules specifying | ||
the appropriate tests to be used in determining the presence of a | ||
fetal heartbeat based on standard medical practice, subject to | ||
Section 171.208. | ||
Sec. 171.204. PROHIBITED ABORTION OF PREBORN CHILD WITH | ||
DETECTABLE FETAL HEARTBEAT; EFFECT. (a) Except as provided by | ||
Section 171.205, a physician may not knowingly perform or induce an | ||
abortion on a pregnant woman if the physician detected a fetal | ||
heartbeat for the preborn child as required by Section 171.203 or | ||
failed to perform a test to detect a fetal heartbeat. | ||
(b) A physician does not violate this section if the | ||
physician performed a test for a fetal heartbeat as required by | ||
Section 171.203 and did not detect a fetal heartbeat. | ||
(c) This section does not affect: | ||
(1) the provisions of this chapter that restrict or | ||
regulate an abortion by a particular method or during a particular | ||
stage of pregnancy; or | ||
(2) any other provision of state law that regulates or | ||
prohibits abortion. | ||
Sec. 171.205. EXCEPTION FOR MEDICAL EMERGENCY; RECORDS. | ||
(a) This subchapter does not apply if a physician believes a | ||
medical emergency exists that prevents compliance with this | ||
subchapter. | ||
(b) A physician who performs or induces an abortion under | ||
circumstances described by Subsection (a) shall make written | ||
notations in the pregnant woman's medical record of: | ||
(1) the physician's belief that a medical emergency | ||
necessitated the abortion; and | ||
(2) the medical condition of the pregnant woman that | ||
prevented compliance with this subchapter. | ||
(c) A physician performing or inducing an abortion under | ||
this section shall maintain in the physician's practice records a | ||
copy of the notations made under Subsection (b). | ||
Sec. 171.206. CONSTRUCTION OF SUBCHAPTER. (a) This | ||
subchapter does not create or recognize a right to abortion before a | ||
fetal heartbeat is detected. | ||
(b) This subchapter may not be construed to: | ||
(1) authorize the initiation of a cause of action | ||
against or the prosecution of a woman on whom an abortion is | ||
performed or induced or attempted to be performed or induced in | ||
violation of this subchapter; | ||
(2) wholly or partly repeal, either expressly or by | ||
implication, any other statute that regulates or prohibits | ||
abortion, including Chapter 6-1/2, Title 71, Revised Statutes; or | ||
(3) restrict a political subdivision from regulating | ||
or prohibiting abortion in a manner that is at least as stringent as | ||
the laws of this state. | ||
Sec. 171.207. ADMINISTRATIVE PENALTY. Except as provided | ||
by Section 171.208, the Texas Medical Board shall take disciplinary | ||
action under Chapter 164, Occupations Code, and shall assess an | ||
administrative penalty under Subchapter A, Chapter 165, | ||
Occupations Code, against any physician who violates this | ||
subchapter. | ||
Sec. 171.208. LIMITATIONS ON PUBLIC ENFORCEMENT. (a) This | ||
subchapter may not be construed to: | ||
(1) legalize the conduct prohibited by this subchapter | ||
or by Chapter 6-1/2, Title 71, Revised Statutes; | ||
(2) limit in any way or affect the availability of a | ||
remedy established by Section 171.209; or | ||
(3) limit the enforceability of any other laws that | ||
regulate or prohibit abortion. | ||
Sec. 171.209. CIVIL LIABILITY FOR VIOLATION OR AIDING OR | ||
ABETTING VIOLATION. (a) Any person, other than an officer or | ||
employee of a state or local governmental entity in this state, may | ||
bring a civil action against a person who violates this subchapter | ||
or commits an offense under Section 171.204. | ||
(b) If a claimant prevails in an action brought under this | ||
section, the court shall award: | ||
(1) injunctive relief; | ||
(2) statutory damages in an amount of not less than | ||
$10,000 for each violation or offense; and | ||
(3) costs and attorney's fees. | ||
(c) Notwithstanding Subsection (b), a court may not award | ||
relief under this section in response to a violation of this | ||
subchapter or an offense under Section 171.204 if the defendant | ||
demonstrates that the defendant previously paid statutory damages | ||
in a previous action for that particular violation or offense. | ||
(d) Notwithstanding Chapter 16, Civil Practice and Remedies | ||
Code, a person may bring an action under this section not later than | ||
the sixth anniversary of the date the cause of action accrues. | ||
(e) The following are not a defense to an action brought | ||
under this section: | ||
(1) ignorance or mistake of law; | ||
(2) a defendant's belief that the requirements of this | ||
subchapter are unconstitutional or were unconstitutional; | ||
(3) a defendant's reliance on any court decision that | ||
has been overruled by the applicable final appellate court, even if | ||
that court decision had not been overruled when the defendant | ||
engaged in conduct that violates this subchapter or constitutes an | ||
offense under Section 171.204 or | ||
(4) the consent of the preborn child's mother to the | ||
abortion. | ||
(f) Notwithstanding any other law, this state, a state | ||
official, or a district or county attorney may not intervene in an | ||
action brought under this section. This subsection does not | ||
prohibit a person described by this subsection from filing an | ||
amicus curiae brief in the action. | ||
(g) Notwithstanding any other law, a court may not award | ||
costs or attorney's fees under the Texas Rules of Civil Procedure or | ||
any other rule adopted by the supreme court under Section 22.004, | ||
Government Code, to a defendant in an action brought under this | ||
section. | ||
Sec. 171.210. CIVIL LIABILITY: UNDUE BURDEN DEFENSE | ||
LIMITATIONS. (a) A defendant against whom an action is brought | ||
under Section 171.209 does not have standing to assert the rights of | ||
women seeking an abortion as a defense to liability under that | ||
section unless the United States Supreme Court holds that the | ||
courts of this state must confer standing on that defendant to | ||
assert the third-party rights of women seeking an abortion in state | ||
court as a matter of federal constitutional law. | ||
(b) A defendant in an action brought under Section 171.209 | ||
may assert an affirmative defense to liability only if: | ||
(1) the defendant has standing to assert the | ||
third-party rights of women seeking an abortion in accordance with | ||
Subsection (a); and | ||
(2) the defendant demonstrates that the relief sought | ||
by the claimant will impose an undue burden on women seeking an | ||
abortion. | ||
(c) A court may not find an undue burden under Subsection | ||
(b) unless the defendant introduces evidence proving that: | ||
(1) an award of relief will prevent an identifiable | ||
woman or an identifiable group of women from obtaining an abortion; | ||
or | ||
(2) an award of relief will place a substantial | ||
obstacle in the path of an identifiable woman or an identifiable | ||
group of women who are seeking an abortion. | ||
(d) A defendant may not establish an undue burden under this | ||
section by: | ||
(1) merely demonstrating that an award of relief will | ||
prevent women from obtaining support or assistance, financial or | ||
otherwise, from others in their effort to obtain an abortion; or | ||
(2) arguing or attempting to demonstrate that an award | ||
of relief against other defendants or other potential defendants | ||
will impose an undue burden on women seeking an abortion. | ||
(e) The affirmative defense under Subsection (b) is not | ||
available if the United States Supreme Court overrules Roe v. Wade, | ||
410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505 U.S. 833 | ||
(1992), regardless of whether the conduct on which the cause of | ||
action is based under Section 171.209 occurred before the Supreme | ||
Court overruled either of those decisions. | ||
Sec. 171.211. CIVIL LIABILITY: VENUE. Notwithstanding any | ||
other law, including Section 15.002, Civil Practice and Remedies | ||
Code, a civil action brought under Section 171.209 shall be brought | ||
in: | ||
(1) the county in which all or a substantial part of | ||
the events or omissions giving rise to the claim occurred; | ||
(2) the county of residence for any one of the natural | ||
person defendants at the time the cause of action accrued; | ||
(3) the county of the principal office in this state of | ||
any one of the defendants that is not a natural person; or | ||
(4) the county of residence for the claimant if the | ||
claimant is a natural person residing in this state. | ||
Sec. 171.212. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL | ||
IMMUNITY PRESERVED. (a) This section prevails over any | ||
conflicting law, including: | ||
(1) the Uniform Declaratory Judgments Act; and | ||
(2) Chapter 37, Civil Practice and Remedies Code. | ||
(b) This state has sovereign immunity, a political | ||
subdivision has governmental immunity, and each officer and | ||
employee of this state or a political subdivision has official | ||
immunity in any action, claim, or counterclaim or any type of legal | ||
or equitable action that challenges the validity of any provision | ||
or application of this subchapter, on constitutional grounds or | ||
otherwise. | ||
(c) A provision of state law may not be construed to waive or | ||
abrogate an immunity described by Subsection (b) unless it | ||
expressly waives immunity under this section. | ||
Sec. 171.213. SEVERABILITY. (a) Mindful of Leavitt v. Jane | ||
L., 518 U.S. 137 (1996), in which in the context of determining the , 518 U.S. 137 (1996), in which in the context of determining the | ||
severability of a state statute regulating abortion the United | ||
States Supreme Court held that an explicit statement of legislative | ||
intent is controlling, it is the intent of the legislature that | ||
every provision, section, subsection, sentence, clause, phrase, or | ||
word in this subchapter, and every application of the provisions in | ||
this subchapter, are severable from each other. | ||
(b) If any application of any provision in this subchapter | ||
to any person, group of persons, or circumstances is found by a | ||
court to be invalid or unconstitutional, the remaining applications | ||
of that provision to all other persons and circumstances shall be | ||
severed and may not be affected. All constitutionally valid | ||
applications of this subchapter shall be severed from any | ||
applications that a court finds to be invalid, leaving the valid | ||
applications in force, because it is the legislature's intent and | ||
priority that the valid applications be allowed to stand alone. | ||
Even if a reviewing court finds a provision of this subchapter to | ||
impose an undue burden in a large or substantial fraction of | ||
relevant cases, the applications that do not present an undue | ||
burden shall be severed from the remaining provisions and shall | ||
remain in force, and shall be treated as if the legislature had | ||
enacted a statute limited to the persons, group of persons, or | ||
circumstances for which the statute's application does not present | ||
an undue burden. | ||
(c) The legislature further declares that it would have | ||
enacted this subchapter, and each provision, section, subsection, | ||
sentence, clause, phrase, or word, and all constitutional | ||
applications of this subchapter, irrespective of the fact that any | ||
provision, section, subsection, sentence, clause, phrase, or word, | ||
or applications of this subchapter, were to be declared | ||
unconstitutional or to represent an undue burden. | ||
(d) If any provision of this subchapter is found by any | ||
court to be unconstitutionally vague, then the applications of that | ||
provision that do not present constitutional vagueness problems | ||
shall be severed and remain in force. | ||
(e) No court may decline to enforce the severability | ||
requirements of Subsections (a), (b), (c), and (d) on the ground | ||
that severance would rewrite the statute or involve the court in | ||
legislative or lawmaking activity. A court that declines to | ||
enforce or enjoins a state official from enforcing a statutory | ||
provision does not rewrite a statute, as the statute continues to | ||
contain the same words as before the court's decision. A judicial | ||
injunction or declaration of unconstitutionality: | ||
(1) is nothing more than an edict prohibiting | ||
enforcement that may subsequently be vacated by a later court if | ||
that court has a different understanding of the requirements of the | ||
Texas Constitution or United States Constitution; | ||
(2) is not a formal amendment of the language in a | ||
statute; and | ||
(3) no more rewrites a statute than a decision by the | ||
executive not to enforce a duly enacted statute in a limited and | ||
defined set of circumstances. | ||
(f) If any federal or state court declares unconstitutional | ||
or enjoins the enforcement of a provision in this subchapter and | ||
fails to enforce the severability requirements of Subsections (a), | ||
(b), (c), (d), and (e), the executive commissioner shall: | ||
(1) adopt rules that enforce the requirements | ||
described by this subchapter to the maximum possible extent while | ||
avoiding the constitutional problems or other problems identified | ||
by the federal or state court; and | ||
(2) issue notice of those rules, not later than the | ||
30th day after the date of the court ruling. | ||
(g) If the executive commissioner fails to adopt the rules | ||
and issue notice under Subsection (f), a person may petition for a | ||
writ of mandamus requiring the executive commissioner to adopt the | ||
rules and issue notice. | ||
SECTION 3.02. Chapter 30, Civil Practice and Remedies Code, | ||
is amended by adding Section 30.022 to read as follows: | ||
Sec. 30.022. AWARD OF ATTORNEY'S FEES IN ACTIONS | ||
CHALLENGING ABORTION LAWS. (a) Notwithstanding any other law, any | ||
person, including an entity, attorney, or law firm, who seeks | ||
declaratory or injunctive relief to prevent this state, a political | ||
subdivision, or any governmental entity or public official in this | ||
state from enforcing any statute, ordinance, rule, regulation, or | ||
any other type of law that regulates or restricts abortion or that | ||
limits taxpayer funding for individuals or entities that perform or | ||
promote abortions, in any state or federal court, or that | ||
represents any litigant seeking such relief in any state or federal | ||
court, is jointly and severally liable to pay the costs and | ||
attorney's fees of the prevailing party. | ||
(b) For purposes of this section, a party is considered a | ||
prevailing party if a state or federal court: | ||
(1) dismisses any claim or cause of action brought | ||
against the party that seeks the declaratory or injunctive relief | ||
described by Subsection (a), regardless of the reason for the | ||
dismissal; or | ||
(2) enters judgment in the party's favor on any such | ||
claim or cause of action. | ||
(c) Regardless of whether a prevailing party sought to | ||
recover costs or attorney's fees in the underlying action, a | ||
prevailing party under this section may bring a civil action to | ||
recover costs and attorney's fees against a person, including an | ||
entity, attorney, or law firm, that sought declaratory or | ||
injunctive relief described by Subsection (a) not later than the | ||
third anniversary of the date on which, as applicable: | ||
(1) the dismissal or judgment described by Subsection | ||
(b) becomes final on the conclusion of appellate review; or | ||
(2) the time for seeking appellate review expires. | ||
(d) It is not a defense to an action brought under | ||
Subsection (c) that: | ||
(1) a prevailing party under this section failed to | ||
seek recovery of costs or attorney's fees in the underlying action; | ||
and | ||
(2) the court in the underlying action declined to | ||
recognize or enforce the requirements of this section. | ||
SECTION 3.03. Article 12.01, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 12.01. FELONIES. Except as provided in Article 12.03, | ||
felony indictments may be presented within these limits, and not | ||
afterward: | ||
(1) no limitation: | ||
(A) murder and manslaughter; | ||
(B) sexual assault under Section 22.011(a)(2), | ||
Penal Code, or aggravated sexual assault under Section | ||
22.021(a)(1)(B), Penal Code; | ||
(C) sexual assault, if: | ||
(i) during the investigation of the offense | ||
biological matter is collected and the matter: | ||
(a) has not yet been subjected to | ||
forensic DNA testing; or | ||
(b) has been subjected to forensic DNA | ||
testing and the testing results show that the matter does not match | ||
the victim or any other person whose identity is readily | ||
ascertained; or | ||
(ii) probable cause exists to believe that | ||
the defendant has committed the same or a similar sex offense | ||
against five or more victims; | ||
(D) continuous sexual abuse of young child or | ||
children under Section 21.02, Penal Code; | ||
(E) indecency with a child under Section 21.11, | ||
Penal Code; | ||
(F) an offense involving leaving the scene of an | ||
accident under Section 550.021, Transportation Code, if the | ||
accident resulted in the death of a person; | ||
(G) trafficking of persons under Section | ||
20A.02(a)(7) or (8), Penal Code; | ||
(H) continuous trafficking of persons under | ||
Section 20A.03, Penal Code; or | ||
(I) compelling prostitution under Section | ||
43.05(a)(2), Penal Code; | ||
(2) ten years from the date of the commission of the | ||
offense: | ||
(A) theft of any estate, real, personal or mixed, | ||
by an executor, administrator, guardian or trustee, with intent to | ||
defraud any creditor, heir, legatee, ward, distributee, | ||
beneficiary or settlor of a trust interested in such estate; | ||
(B) theft by a public servant of government | ||
property over which the public servant exercises control in the | ||
public servant's official capacity; | ||
(C) forgery or the uttering, using or passing of | ||
forged instruments; | ||
(D) injury to an elderly or disabled individual | ||
punishable as a felony of the first degree under Section 22.04, | ||
Penal Code; | ||
(E) sexual assault, except as provided by | ||
Subdivision (1) or (7); | ||
(F) arson; | ||
(G) trafficking of persons under Section | ||
20A.02(a)(1), (2), (3), or (4), Penal Code; or | ||
(H) compelling prostitution under Section | ||
43.05(a)(1), Penal Code; | ||
(3) seven years from the date of the commission of the | ||
offense: | ||
(A) misapplication of fiduciary property or | ||
property of a financial institution; | ||
(B) securing execution of document by deception; | ||
(C) a felony violation under Chapter 162, Tax | ||
Code; | ||
(D) false statement to obtain property or credit | ||
under Section 32.32, Penal Code; | ||
(E) money laundering; | ||
(F) credit card or debit card abuse under Section | ||
32.31, Penal Code; | ||
(G) fraudulent use or possession of identifying | ||
information under Section 32.51, Penal Code; | ||
(H) exploitation of a child, elderly individual, | ||
or disabled individual under Section 32.53, Penal Code; | ||
(I) health care fraud under Section 35A.02, Penal | ||
Code; or | ||
(J) bigamy under Section 25.01, Penal Code, | ||
except as provided by Subdivision (6); | ||
(4) five years from the date of the commission of the | ||
offense: | ||
(A) theft or robbery; | ||
(B) except as provided by Subdivision (5), | ||
kidnapping or burglary; | ||
(C) injury to an elderly or disabled individual | ||
that is not punishable as a felony of the first degree under Section | ||
22.04, Penal Code; | ||
(D) abandoning or endangering a child; [ |
||
(E) insurance fraud; or | ||
(F) offenses related to the performance or | ||
inducement of an abortion under Section 171.204, Health and Safety | ||
Code; | ||
(5) if the investigation of the offense shows that the | ||
victim is younger than 17 years of age at the time the offense is | ||
committed, 20 years from the 18th birthday of the victim of one of | ||
the following offenses: | ||
(A) sexual performance by a child under Section | ||
43.25, Penal Code; | ||
(B) aggravated kidnapping under Section | ||
20.04(a)(4), Penal Code, if the defendant committed the offense | ||
with the intent to violate or abuse the victim sexually; or | ||
(C) burglary under Section 30.02, Penal Code, if | ||
the offense is punishable under Subsection (d) of that section and | ||
the defendant committed the offense with the intent to commit an | ||
offense described by Subdivision (1)(B) or (D) of this article or | ||
Paragraph (B) of this subdivision; | ||
(6) ten years from the 18th birthday of the victim of | ||
the offense: | ||
(A) trafficking of persons under Section | ||
20A.02(a)(5) or (6), Penal Code; | ||
(B) injury to a child under Section 22.04, Penal | ||
Code; or | ||
(C) bigamy under Section 25.01, Penal Code, if | ||
the investigation of the offense shows that the person, other than | ||
the legal spouse of the defendant, whom the defendant marries or | ||
purports to marry or with whom the defendant lives under the | ||
appearance of being married is younger than 18 years of age at the | ||
time the offense is committed; | ||
(7) two years from the date the offense was | ||
discovered: sexual assault punishable as a state jail felony under | ||
Section 22.011(f)(2), Penal Code; or | ||
(8) three years from the date of the commission of the | ||
offense: all other felonies. | ||
SECTION 3.04. Subchapter C, Chapter 311, Government Code, | ||
is amended by adding Section 311.036 to read as follows: | ||
Sec. 311.036. CONSTRUCTION OF ABORTION STATUTES. (a) A | ||
statute that regulates or prohibits abortion may not be construed | ||
to repeal any other statute that regulates or prohibits abortion, | ||
either wholly or partly, unless the repealing statute explicitly | ||
states that it is repealing the other statute. | ||
(b) A statute that regulates or prohibits abortion may not | ||
be construed to restrict a political subdivision from regulating or | ||
prohibiting abortion in a manner that is at least as stringent as | ||
the laws of this state unless the statute explicitly states that | ||
political subdivisions are prohibited from regulating or | ||
prohibiting abortion in the manner described by the statute. | ||
(c) Every statute that regulates or prohibits abortion is | ||
severable in each of its applications to every person and | ||
circumstance. If any statute that regulates or prohibits abortion | ||
is found by any court to be unconstitutional, either on its face or | ||
as applied, then all applications of that statute that do not | ||
violate the constitutional rights of women seeking abortions shall | ||
be severed from the unconstitutional applications and shall remain | ||
enforceable, notwithstanding any other law. | ||
SECTION 3.05. Section 171.012, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsection (i) to | ||
read as follows: | ||
(a) Consent to an abortion is voluntary and informed only | ||
if: | ||
(1) the physician who is to perform or induce the | ||
abortion informs the pregnant woman on whom the abortion is to be | ||
performed or induced of: | ||
(A) the physician's name; | ||
(B) the particular medical risks associated with | ||
the particular abortion procedure to be employed, including, when | ||
medically accurate: | ||
(i) the risks of infection and hemorrhage; | ||
(ii) the potential danger to a subsequent | ||
pregnancy and of infertility; and | ||
(iii) the possibility of increased risk of | ||
breast cancer following an induced abortion and the natural | ||
protective effect of a completed pregnancy in avoiding breast | ||
cancer; | ||
(C) the probable gestational age of the preborn | ||
[ |
||
induced; [ |
||
(D) the medical risks associated with carrying | ||
the preborn child to term; and | ||
(E) the state law prohibiting abortion of a | ||
preborn child solely based on the preborn child's race, ethnicity, | ||
sex, or disability, as defined by Section 170.051, including a | ||
probability of diagnosis that the child has a disability; | ||
(2) the physician who is to perform or induce the | ||
abortion or the physician's agent informs the pregnant woman that: | ||
(A) medical assistance benefits may be available | ||
for prenatal care, childbirth, and neonatal care; | ||
(B) the father is liable for assistance in the | ||
support of the child without regard to whether the father has | ||
offered to pay for the abortion; and | ||
(C) public and private agencies provide | ||
pregnancy prevention counseling and medical referrals for | ||
obtaining pregnancy prevention medications or devices, including | ||
emergency contraception for victims of rape or incest; | ||
(3) the physician who is to perform or induce the | ||
abortion or the physician's agent: | ||
(A) provides the pregnant woman with the printed | ||
materials described by Section 171.014; and | ||
(B) informs the pregnant woman that those | ||
materials: | ||
(i) have been provided by the commission | ||
[ |
||
(ii) are accessible on an Internet website | ||
sponsored by the commission [ |
||
(iii) describe the preborn [ |
||
and list agencies that offer alternatives to abortion; and | ||
(iv) include a list of agencies that offer | ||
sonogram services at no cost to the pregnant woman; | ||
(4) before any sedative or anesthesia is administered | ||
to the pregnant woman and at least 24 hours before the abortion or | ||
at least two hours before the abortion if the pregnant woman waives | ||
this requirement by certifying that she currently lives 100 miles | ||
or more from the nearest abortion provider that is a facility | ||
licensed under Chapter 245 or a facility that performs or induces | ||
more than 50 abortions in any 12-month period: | ||
(A) the physician who is to perform or induce the | ||
abortion or an agent of the physician who is also a sonographer | ||
certified by a national registry of medical sonographers performs a | ||
sonogram on the pregnant woman on whom the abortion is to be | ||
performed or induced; | ||
(B) the physician who is to perform or induce the | ||
abortion displays the sonogram images in a quality consistent with | ||
current medical practice in a manner that the pregnant woman may | ||
view them; | ||
(C) the physician who is to perform or induce the | ||
abortion provides, in a manner understandable to a layperson, a | ||
verbal explanation of the results of the sonogram images, including | ||
a medical description of the dimensions of the embryo or fetus, the | ||
presence of cardiac activity, and the presence of external members | ||
and internal organs; [ |
||
(D) the physician who is to perform or induce the | ||
abortion or an agent of the physician who is also a sonographer | ||
certified by a national registry of medical sonographers makes | ||
audible the heart auscultation for the pregnant woman to hear, if | ||
present, in a quality consistent with current medical practice and | ||
provides, in a manner understandable to a layperson, a simultaneous | ||
verbal explanation of the heart auscultation; and | ||
(E) if a fetal heartbeat is detected under | ||
Section 171.203, the physician who is to perform or induce the | ||
abortion informs the woman in writing of the statistical | ||
probability of bringing the preborn child to term: | ||
(i) to the best of the physician's | ||
knowledge, based on the gestational age of the preborn child; or | ||
(ii) as provided by commission rule; | ||
(5) before receiving a sonogram under Subdivision | ||
(4)(A) and before the abortion is performed or induced and before | ||
any sedative or anesthesia is administered, the pregnant woman | ||
completes and certifies with her signature an election form that | ||
states as follows: | ||
"ABORTION AND SONOGRAM ELECTION | ||
(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY | ||
SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN | ||
PROVIDED AND EXPLAINED TO ME. | ||
(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN | ||
ABORTION. | ||
(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR | ||
TO RECEIVING AN ABORTION. | ||
(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE | ||
SONOGRAM IMAGES. | ||
(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE | ||
HEARTBEAT. | ||
(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN | ||
EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO | ||
ONE OF THE FOLLOWING: | ||
___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT, | ||
INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN | ||
REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN | ||
REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT | ||
RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY. | ||
___ I AM A MINOR AND OBTAINING AN ABORTION IN ACCORDANCE | ||
WITH JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS FAMILY | ||
CODE. | ||
___ MY PREBORN CHILD [ |
||
MEDICAL CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE | ||
DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL FILE. | ||
(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND | ||
WITHOUT COERCION. | ||
(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE | ||
NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER | ||
245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT PERFORMS OR | ||
INDUCES MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY: | ||
I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR | ||
MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED | ||
UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT | ||
PERFORMS OR INDUCES MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD, I | ||
WAIVE THE REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS | ||
PERFORMED BEFORE RECEIVING THE ABORTION PROCEDURE. MY PLACE OF | ||
RESIDENCE IS:__________. | ||
________________________________________ | ||
SIGNATURE DATE"; | ||
(6) before the abortion is performed or induced, the | ||
physician who is to perform or induce the abortion receives a copy | ||
of the signed, written certification required by Subdivision (5); | ||
and | ||
(7) the pregnant woman is provided the name of each | ||
person who provides or explains the information required under this | ||
subsection. | ||
(i) The executive commissioner may adopt rules that specify | ||
the information required under Subsection (a)(4)(E) regarding the | ||
statistical probability of bringing a preborn child to term based | ||
on the gestational age of the child. The information in the rules | ||
must be based on available medical evidence. | ||
SECTION 3.06. Section 245.011(c), Health and Safety Code, | ||
is amended to read as follows: | ||
(c) The report must include: | ||
(1) whether the abortion facility at which the | ||
abortion is performed or induced is licensed under this chapter; | ||
(2) the patient's year of birth, race, marital status, | ||
and state and county of residence; | ||
(3) the type of abortion procedure; | ||
(4) the date the abortion was performed or induced; | ||
(5) whether the patient survived the abortion, and if | ||
the patient did not survive, the cause of death; | ||
(6) the probable post-fertilization age of the preborn | ||
[ |
||
physician at the time of the procedure; | ||
(7) the date, if known, of the patient's last menstrual | ||
cycle; | ||
(8) the number of previous live births of the patient; | ||
[ |
||
(9) the number of previous induced abortions of the | ||
patient; | ||
(10) whether the abortion was performed or induced | ||
because of a medical emergency and any medical condition of the | ||
pregnant woman that required the abortion; | ||
(11) whether the physician made a determination of the | ||
presence of a fetal heartbeat in accordance with Section 171.203; | ||
and | ||
(12) whether the physician performed or induced the | ||
abortion under circumstances described by Section 171.205. | ||
ARTICLE 4. PROVISIONS EFFECTIVE SEPTEMBER 1, 2025, OR EARLIER | ||
SECTION 4.01. Chapter 170, Health and Safety Code, is | ||
amended by adding Subchapter C to read as follows: | ||
SUBCHAPTER C. PROHIBITION OF ABORTION | ||
Sec. 170.101. ABORTION PROHIBITED. Notwithstanding any | ||
other law, a person may not perform, induce, or attempt to perform | ||
or induce an abortion unless the abortion is performed, induced, or | ||
attempted to be performed or induced by a physician because of a | ||
medical emergency as defined by Section 171.002. | ||
Sec. 170.102. CIVIL REMEDY. (a) A civil action may be | ||
brought against a person who violated Section 170.101 by: | ||
(1) the woman on whom an abortion was performed, | ||
induced, or attempted in violation of Section 170.101; | ||
(2) the father of the preborn child for an abortion | ||
performed, induced, or attempted on a pregnant woman in violation | ||
of Section 170.101, unless the woman's pregnancy resulted from the | ||
father's criminal conduct; or | ||
(3) a maternal grandparent of the preborn child for an | ||
abortion performed, induced, or attempted in violation of Section | ||
170.101 on a pregnant woman who was less than 18 years of age at the | ||
time of the violation, unless the woman's 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 170.101; | ||
(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, induced, or attempted in | ||
violation of Section 170.101 resides; and | ||
(2) not later than the sixth anniversary of the date | ||
the abortion was performed, induced, or attempted in violation of | ||
Section 170.101. | ||
(d) The damages and injunctive relief authorized by this | ||
section are in addition to any other remedy available by law. | ||
(e) A civil action under this section may not be brought | ||
against a woman on whom an abortion is performed, induced, or | ||
attempted in violation of Section 170.101. | ||
Sec. 170.103. REVOCATION OR SUSPENSION OF LICENSE. A | ||
physician who violates Section 170.101 engages in unprofessional | ||
conduct for which the physician's license may be suspended or | ||
revoked under Chapter 164, Occupations Code. | ||
SECTION 4.02. Section 19.06, Penal Code, is amended to read | ||
as follows: | ||
Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. | ||
Notwithstanding any other law, this [ |
||
the conduct charged is: | ||
(1) conduct committed by the mother of the preborn | ||
[ |
||
(2) an abortion performed, induced, or attempted to be | ||
performed or induced by a physician because of a medical emergency | ||
as defined by Section 171.002, Health and Safety Code [ |
||
[ |
||
[ |
||
SECTION 4.03. Section 22.12, Penal Code, is amended to read | ||
as follows: | ||
Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT. | ||
Notwithstanding any other law, this [ |
||
individual who is a preborn [ |
||
conduct is: | ||
(1) committed by the mother of the preborn [ |
||
child; or | ||
(2) an abortion performed, induced, or attempted to be | ||
performed or induced by a physician because of a medical emergency | ||
as defined by Section 171.002, Health and Safety Code [ |
||
[ |
||
[ |
||
SECTION 4.04. The following provisions are repealed: | ||
(1) Section 33.002(b), Family Code; and | ||
(2) Section 171.063(b), Health and Safety Code. | ||
SECTION 4.05. (a) Subchapter C, Chapter 170, Health and | ||
Safety Code, as added by this article, and Sections 19.06 and 22.12, | ||
Penal Code, as amended by this article, shall be construed, as a | ||
matter of state law, to be enforceable to the maximum possible | ||
extent consistent with but not further than federal constitutional | ||
requirements, even if that construction is not readily apparent, as | ||
such constructions are authorized only to the extent necessary to | ||
save the subchapter from judicial invalidation. Judicial | ||
reformation of statutory language is explicitly authorized only to | ||
the extent necessary to save the statutory provision from | ||
invalidity. | ||
(b) If any court determines that a provision described by | ||
Subsection (a) of this section is unconstitutionally vague, the | ||
court shall interpret the provision, as a matter of state law, to | ||
avoid the vagueness problem and shall enforce the provision to the | ||
maximum possible extent. If a federal court finds any provision | ||
described by Subsection (a) of this section or its application to | ||
any person, group of persons, or circumstances to be | ||
unconstitutionally vague and declines to impose the saving | ||
construction described by this section, the Texas Supreme Court | ||
shall provide an authoritative construction of the objectionable | ||
statutory provisions that avoids the constitutional problems while | ||
enforcing the statute's restrictions to the maximum possible extent | ||
and shall agree to answer any question certified from a federal | ||
appellate court regarding the statute. | ||
(c) An executive or administrative state official may not | ||
decline to enforce a provision described by Subsection (a) of this | ||
section, or adopt a construction of that provision or this section | ||
in a way that narrows its applicability, based on the official's own | ||
beliefs concerning the requirements of the state or federal | ||
constitution, unless the official is enjoined by a state or federal | ||
court from enforcing that provision. | ||
(d) Sections 19.06 and 22.12, Penal Code, as amended by this | ||
article, may not be construed to authorize the prosecution of or a | ||
cause of action to be brought against a woman on whom an abortion is | ||
performed, induced, or attempted to be performed or induced in | ||
violation of Section 170.101, Health and Safety Code, as added by | ||
this article. | ||
ARTICLE 5. TRANSITIONS, SEVERABILITY, PREEMPTION, | ||
CONSTITUTIONALITY, AND EFFECTIVE DATE | ||
SECTION 5.01. Not later than December 1, 2021: | ||
(1) the Health and Human Services Commission shall: | ||
(A) develop the perinatal palliative care | ||
informational materials, list of perinatal palliative care | ||
providers and programs, and perinatal palliative care | ||
certification form required by Subchapter X, Chapter 161, Health | ||
and Safety Code, as added by this Act; and | ||
(B) update any forms and informational materials | ||
under Subchapter B, Chapter 171, Health and Safety Code, as amended | ||
by this Act; and | ||
(2) the executive commissioner of the Health and Human | ||
Services Commission shall adopt any rules necessary to implement | ||
Subchapter X, Chapter 161, Health and Safety Code, as added by this | ||
Act, and Subchapter B, Chapter 171, Health and Safety Code, as | ||
amended by this Act. | ||
SECTION 5.02. (a) Subchapter X, Chapter 161, Health and | ||
Safety Code, as added by this Act, applies only to a diagnosis of a | ||
life-threatening disability of a pregnant woman's preborn child | ||
made on or after January 1, 2022. | ||
(b) Chapter 170, Health and Safety Code, as added by this | ||
Act, Subchapters B and C, Chapter 171, Health and Safety Code, as | ||
amended by this Act, and Chapter 164, Occupations Code, as amended | ||
by this Act, apply only to an abortion performed, induced, or | ||
attempted to be performed or induced or other conduct that occurred | ||
on or after January 1, 2022. An abortion performed, induced, or | ||
attempted to be performed or induced or other conduct that occurred | ||
before that date 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. | ||
(c) Subchapter C, Chapter 170, Health and Safety Code, as | ||
added by this Act, applies only to an abortion that is performed, | ||
induced, or attempted to be performed or induced on or after the | ||
effective date of Article 4 of this Act. | ||
(d) Sections 19.06 and 22.12, Penal Code, as amended by this | ||
Act, apply only to conduct that occurs on or after the effective | ||
date of Article 4 of this Act. Conduct that occurs before that date | ||
is governed by the law in effect on the date the conduct occurred, | ||
and that law is continued in effect for that purpose. | ||
(e) Sections 19.06 and 22.12, Penal Code, as amended by this | ||
Act, apply only to an offense committed on or after the effective | ||
date of Article 4 of this Act. An offense committed before that date | ||
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 subsection, an offense is committed before the effective | ||
date of Article 4 of this Act if any element of the offense occurs | ||
before that date. | ||
SECTION 5.03. (a) It is the intent of the legislature that | ||
if a court suspends enforcement of any provision of this Act, the | ||
suspension is not to be regarded as repealing that provision. | ||
(b) If any provision of this Act is held invalid or if the | ||
application of any provision to any person or circumstance is held | ||
invalid, the invalidity of that provision or application does not | ||
affect any other provision or application of this Act that can be | ||
given effect without the invalid provision or application, and to | ||
this end, the provisions of this Act are severable. It is the | ||
intent of the legislature that any invalidity or potential | ||
invalidity of a provision of this Act does not impair the immediate | ||
and continuing enforceability of the remaining provisions. It is | ||
furthermore the intent of the legislature that the provisions of | ||
this Act do not have the effect of repealing or limiting any other | ||
laws of this state. | ||
(c) The legislature intends that each provision of this Act | ||
as applicable to each individual woman is severable from each other | ||
provision of this Act. In the unexpected event that a court finds | ||
the application of any provision of this Act to impose an | ||
impermissible undue burden on any pregnant woman or group of | ||
pregnant women, the application of the provision to those women is | ||
severed from the application of the remaining provisions of this | ||
Act that do not impose an undue burden, and those remaining | ||
applications remain in force and unaffected, consistent with | ||
Section 5.02 of this article. | ||
SECTION 5.04. (a) After the issuance of a decision by the | ||
United States Supreme Court overruling any prior ruling that | ||
prohibits states from wholly or partly prohibiting abortion, the | ||
issuance of any court order or judgment restoring, expanding, or | ||
clarifying the authority of states to wholly or partly prohibit or | ||
regulate abortion, or the effective date of an amendment to the | ||
United States Constitution restoring, expanding, or clarifying the | ||
authority of states to wholly or partly prohibit or regulate | ||
abortion, the attorney general may apply to the appropriate state | ||
or federal court for: | ||
(1) a declaration that any one or more provisions of | ||
this Act are constitutional; or | ||
(2) a judgment or order lifting an injunction against | ||
the enforcement of any one or more provisions of this Act. | ||
(b) If the attorney general fails to apply for the relief | ||
described by Subsection (a) of this section not later than the 30th | ||
day after the date an event described by that subsection occurs, any | ||
district attorney may apply to the appropriate state or federal | ||
court for the relief described by that subsection. | ||
SECTION 5.05. (a) Except as otherwise provided by this | ||
section, this Act takes effect September 1, 2021. | ||
(b) Article 3 of this Act takes effect the earlier of: | ||
(1) the 91st day after the date the attorney general | ||
submits a report required by Section 402.003, Government Code, that | ||
states a court of competent jurisdiction has held the provisions in | ||
Article 3 of this Act to be constitutional; or | ||
(2) September 1, 2023. | ||
(c) Article 4 of this Act takes effect the earlier of: | ||
(1) the 91st day after the date the attorney general | ||
submits a report required by Section 402.003, Government Code, that | ||
states a court of competent jurisdiction has held the provisions in | ||
Article 4 of this Act to be constitutional; or | ||
(2) September 1, 2025. |