Bill Text: TX SB8 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to certain prohibited abortions and the treatment and disposition of a human fetus, human fetal tissue, and embryonic and fetal tissue remains; creating a civil cause of action; imposing a civil penalty; creating criminal offenses.

Spectrum: Partisan Bill (Republican 101-2)

Status: (Passed) 2017-06-06 - Effective on 9/1/17 [SB8 Detail]

Download: Texas-2017-SB8-Enrolled.html

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S.B. No. 8

AN ACT
relating to certain prohibited abortions and the treatment and
disposition of a human fetus, human fetal tissue, and embryonic and
fetal tissue remains; creating a civil cause of action; imposing a
civil penalty; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.001(1), Family Code, is amended to
read as follows:
(1) "Abortion" has the meaning assigned by Section
245.002, Health and Safety Code [means the use of any means to
terminate the pregnancy of a female known by the attending
physician to be pregnant, with the intention that the termination
of the pregnancy by those means will with reasonable likelihood
cause the death of the fetus]. This definition, as applied in this
chapter, [applies only to an unemancipated minor known by the
attending physician to be pregnant and] may not be construed to
limit a minor's access to contraceptives.
SECTION 2. Section 161.006(b), Family Code, is amended to
read as follows:
(b) In this code, "abortion" has the meaning assigned by
Section 245.002, Health and Safety Code [means an intentional
expulsion of a human fetus from the body of a woman induced by any
means for the purpose of causing the death of the fetus].
SECTION 3. Section 170.001(1), Health and Safety Code, is
amended to read as follows:
(1) "Abortion" has the meaning assigned by Section
245.002 [means an act involving the use of an instrument, medicine,
drug, or other substance or device developed to terminate the
pregnancy of a woman if the act is done with an intention other than
to:
[(A) increase the probability of a live birth of
the unborn child of the woman;
[(B) preserve the life or health of the child; or
[(C) remove a dead fetus].
SECTION 4. Section 171.002(1), Health and Safety Code, is
amended to read as follows:
(1) "Abortion" has the meaning assigned by Section
245.002 [means the use of any means to terminate the pregnancy of a
female known by the attending physician to be pregnant with the
intention that the termination of the pregnancy by those means
will, with reasonable likelihood, cause the death of the fetus].
SECTION 5. Section 171.061(1), Health and Safety Code, is
amended to read as follows:
(1) "Abortion" has the meaning assigned by Section
245.002. This definition, as applied in this subchapter, may not be
construed to apply to an act done with the intent to [means the act
of using, administering, prescribing, or otherwise providing an
instrument, a drug, a medicine, or any other substance, device, or
means with the intent to terminate a clinically diagnosable
pregnancy of a woman and with knowledge that the termination by
those means will, with reasonable likelihood, cause the death of
the woman's unborn child. An act is not an abortion if the act is
done with the intent to:
[(A) save the life or preserve the health of an
unborn child;
[(B) remove a dead, unborn child whose death was
caused by spontaneous abortion;
[(C) remove an ectopic pregnancy; or
[(D)] treat a maternal disease or illness for
which a prescribed drug, medicine, or other substance is indicated.
SECTION 6. Chapter 171, Health and Safety Code, is amended
by adding Subchapters F and G to read as follows:
SUBCHAPTER F. PARTIAL-BIRTH ABORTIONS
Sec. 171.101. DEFINITIONS. In this subchapter:
(1) "Partial-birth abortion" means an abortion in
which the person performing the abortion:
(A) for the purpose of performing an overt act
that the person knows will kill the partially delivered living
fetus, deliberately and intentionally vaginally delivers a living
fetus until:
(i) for a head-first presentation, the
entire fetal head is outside the body of the mother; or
(ii) for a breech presentation, any part of
the fetal trunk past the navel is outside the body of the mother;
and
(B) performs the overt act described in Paragraph
(A), other than completion of delivery, that kills the partially
delivered living fetus.
(2) "Physician" means an individual who is licensed to
practice medicine in this state, including a medical doctor and a
doctor of osteopathic medicine.
Sec. 171.102. PARTIAL-BIRTH ABORTIONS PROHIBITED. (a) A
physician or other person may not knowingly perform a partial-birth
abortion.
(b) Subsection (a) does not apply to a physician who
performs a partial-birth abortion that is necessary to save the
life of a mother whose life is endangered by a physical disorder,
physical illness, or physical injury, including a life-endangering
physical condition caused by or arising from the pregnancy.
Sec. 171.103. CRIMINAL PENALTY. A person who violates
Section 171.102 commits an offense. An offense under this section
is a state jail felony.
Sec. 171.104. CIVIL LIABILITY. (a) Except as provided by
Subsection (b), the father of the fetus or a parent of the mother of
the fetus, if the mother is younger than 18 years of age at the time
of the partial-birth abortion, may bring a civil action to obtain
appropriate relief, including:
(1) money damages for physical injury, mental anguish,
and emotional distress; and
(2) exemplary damages equal to three times the cost of
the partial-birth abortion.
(b) A person may not bring or maintain an action under this
section if:
(1) the person consented to the partial-birth
abortion; or
(2) the person's criminally injurious conduct resulted
in the pregnancy.
Sec. 171.105. HEARING. (a) A physician who is the subject
of a criminal or civil action for a violation of Section 171.102 may
request a hearing before the Texas Medical Board on whether the
physician's conduct was necessary to save the life of a mother whose
life was endangered by a physical disorder, physical illness, or
physical injury, including a life-endangering physical condition
caused by or arising from the pregnancy.
(b) The board's findings under Subsection (a) are
admissible in any court proceeding against the physician arising
from that conduct. On the physician's motion, the court shall delay
the beginning of a criminal or civil trial for not more than 60 days
for the hearing to be held under Subsection (a).
Sec. 171.106. APPLICABILITY. A woman on whom a
partial-birth abortion is performed or attempted in violation of
this subchapter may not be prosecuted under this subchapter or for
conspiracy to commit a violation of this subchapter.
SUBCHAPTER G. DISMEMBERMENT ABORTIONS
Sec. 171.151. DEFINITION. In this subchapter,
"dismemberment abortion" means an abortion in which a person, with
the purpose of causing the death of an unborn child, dismembers the
living unborn child and extracts the unborn child one piece at a
time from the uterus through the use of clamps, grasping forceps,
tongs, scissors, or a similar instrument that, through the
convergence of two rigid levers, slices, crushes, or grasps, or
performs any combination of those actions on, a piece of the unborn
child's body to cut or rip the piece from the body. The term does
not include an abortion that uses suction to dismember the body of
an unborn child by sucking pieces of the unborn child into a
collection container. The term includes a dismemberment abortion
that is used to cause the death of an unborn child and in which
suction is subsequently used to extract pieces of the unborn child
after the unborn child's death.
Sec. 171.152. DISMEMBERMENT ABORTIONS PROHIBITED. (a) A
person may not intentionally perform a dismemberment abortion
unless the dismemberment abortion is necessary in a medical
emergency.
(b) A woman on whom a dismemberment abortion is performed,
an employee or agent acting under the direction of a physician who
performs a dismemberment abortion, or a person who fills a
prescription or provides equipment used in a dismemberment abortion
does not violate Subsection (a).
Sec. 171.153. CRIMINAL PENALTY. (a) A person who violates
Section 171.152 commits an offense.
(b) An offense under this section is a state jail felony.
Sec. 171.154. CONSTRUCTION OF SUBCHAPTER. (a) This
subchapter 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 of this
subchapter 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 of this subchapter
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 subsection, the Supreme
Court of Texas 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) A state executive or administrative official may not
decline to enforce this subchapter, or adopt a construction of this
subchapter 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 this subchapter.
(d) This subchapter may not be construed to:
(1) authorize the prosecution of or a cause of action
to be brought against a woman on whom an abortion is performed or
induced in violation of this subchapter; or
(2) create or recognize a right to abortion or a right
to a particular method of abortion.
SECTION 7. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 173 to read as follows:
CHAPTER 173. DONATION OF HUMAN FETAL TISSUE
Sec. 173.001. DEFINITIONS. In this chapter:
(1) "Authorized facility" means:
(A) a hospital licensed under Chapter 241;
(B) a hospital maintained or operated by this
state or an agency of this state;
(C) an ambulatory surgical center licensed under
Chapter 243; or
(D) a birthing center licensed under Chapter 244.
(2) "Human fetal tissue" means any gestational human
organ, cell, or tissue from an unborn child. The term does not
include:
(A) supporting cells or tissue derived from a
pregnancy or associated maternal tissue that is not part of the
unborn child; or
(B) the umbilical cord or placenta, provided that
the umbilical cord or placenta is not derived from an elective
abortion.
Sec. 173.002. APPLICABILITY. This chapter does not apply
to:
(1) human fetal tissue obtained for diagnostic or
pathological testing;
(2) human fetal tissue obtained for a criminal
investigation;
(3) human fetal tissue or human tissue obtained during
pregnancy or at delivery of a child, provided the tissue is obtained
by an accredited public or private institution of higher education
for use in research approved by an institutional review board or
another appropriate board, committee, or body charged with
oversight applicable to the research; or
(4) cell lines derived from human fetal tissue or
human tissue existing on September 1, 2017, that are used by an
accredited public or private institution of higher education in
research approved by an institutional review board or another
appropriate board, committee, or body charged with oversight
applicable to the research.
Sec. 173.003. ENFORCEMENT. (a) The department shall
enforce this chapter.
(b) The attorney general, on request of the department or a
local law enforcement agency, may assist in the investigation of a
violation of this chapter.
Sec. 173.004. PROHIBITED DONATION. A person may not donate
human fetal tissue except as authorized by this chapter.
Sec. 173.005. DONATION BY AUTHORIZED FACILITY. (a) Only
an authorized facility may donate human fetal tissue. An
authorized facility may donate human fetal tissue only to an
accredited public or private institution of higher education for
use in research approved by an institutional review board or
another appropriate board, committee, or body charged with
oversight applicable to the research.
(b) An authorized facility may not donate human fetal tissue
obtained from an elective abortion.
Sec. 173.006. INFORMED CONSENT REQUIRED. An authorized
facility may not donate human fetal tissue under this chapter
unless the facility has obtained the written, voluntary, and
informed consent of the woman from whose pregnancy the fetal tissue
is obtained. The consent must be provided on a standard form
prescribed by the department.
Sec. 173.007. CRIMINAL PENALTY. (a) A person commits an
offense if the person:
(1) offers a woman monetary or other consideration to:
(A) have an abortion for the purpose of donating
human fetal tissue; or
(B) consent to the donation of human fetal
tissue; or
(2) knowingly or intentionally solicits or accepts
tissue from a fetus gestated solely for research purposes.
(b) An offense under this section is a Class A misdemeanor
punishable by a fine of not more than $10,000.
(c) With the consent of the appropriate local county or
district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor to prosecute an
offense under this section.
Sec. 173.008. RECORD RETENTION. Unless another law
requires a longer period of record retention, an authorized
facility may not dispose of any medical record relating to a woman
who consents to the donation of human fetal tissue before:
(1) the seventh anniversary of the date consent was
obtained under Section 173.006; or
(2) if the woman was younger than 18 years of age on
the date consent was obtained under Section 173.006, the later of:
(A) the woman's 23rd birthday; or
(B) the seventh anniversary of the date consent
was obtained.
Sec. 173.009. ANNUAL REPORT. An authorized facility that
donates human fetal tissue under this chapter shall submit an
annual report to the department that includes for each donation:
(1) the specific type of fetal tissue donated; and
(2) the accredited public or private institution of
higher education that received the donation.
SECTION 8. Section 245.002, Health and Safety Code, is
amended by amending Subdivisions (1) and (4-a) and adding
Subdivision (4-b) to read as follows:
(1) "Abortion" means the act of using or prescribing
an instrument, a drug, a medicine, or any other substance, device,
or means with the intent to cause the death of an unborn child of a
woman known to be pregnant [an act or procedure performed after
pregnancy has been medically verified and with the intent to cause
the termination of a pregnancy other than for the purpose of either
the birth of a live fetus or removing a dead fetus]. The term does
not include birth control devices or oral contraceptives. An act is
not an abortion if the act is done with the intent to:
(A) save the life or preserve the health of an
unborn child;
(B) remove a dead, unborn child whose death was
caused by spontaneous abortion; or
(C) remove an ectopic pregnancy.
(4-a) "Ectopic pregnancy" means the implantation of a
fertilized egg or embryo outside of the uterus.
(4-b) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
SECTION 9. Section 245.005(e), Health and Safety Code, is
amended to read as follows:
(e) As a condition for renewal of a license, the licensee
must submit to the department the annual license renewal fee and an
annual report[, including the report required under Section
245.011].
SECTION 10. The heading to Section 245.011, Health and
Safety Code, is amended to read as follows:
Sec. 245.011. PHYSICIAN REPORTING REQUIREMENTS; CRIMINAL
PENALTY.
SECTION 11. Section 245.011, Health and Safety Code, is
amended by amending Subsections (a), (b), (d), and (e) and adding
Subsections (f) and (g) to read as follows:
(a) A physician who performs an abortion at an [Each]
abortion facility must complete and submit a monthly [an annual]
report to the department on each abortion [that is] performed by the
physician at the abortion facility. The report must be submitted on
a form provided by the department.
(b) The report may not identify by any means [the physician
performing the abortion or] the patient.
(d) Except as provided by Section 245.023, all information
and records held by the department under this chapter are
confidential and are not open records for the purposes of Chapter
552, Government Code. That information may not be released or made
public on subpoena or otherwise, except that release may be made:
(1) for statistical purposes, but only if a person,
patient, physician performing an abortion, or abortion facility is
not identified;
(2) with the consent of each person, patient,
physician, and abortion facility identified in the information
released;
(3) to medical personnel, appropriate state agencies,
or county and district courts to enforce this chapter; or
(4) to appropriate state licensing boards to enforce
state licensing laws.
(e) A person commits an offense if the person violates
Subsection (b), (c), or (d) [this section]. An offense under this
subsection is a Class A misdemeanor.
(f) Not later than the 15th day of each month, a physician
shall submit to the department the report required by this section
for each abortion performed by the physician at an abortion
facility in the preceding calendar month.
(g) The department shall establish and maintain a secure
electronic reporting system for the submission of the reports
required by this section. The department shall adopt procedures to
enforce this section and to ensure that only physicians who perform
one or more abortions during the preceding calendar month are
required to file the reports under this section for that month.
SECTION 12. Chapter 245, Health and Safety Code, is amended
by adding Sections 245.0115 and 245.0116 to read as follows:
Sec. 245.0115. NOTIFICATION. Not later than the seventh
day after the date the report required by Section 245.011 is due,
the commissioner of state health services shall notify the Texas
Medical Board of a violation of that section.
Sec. 245.0116. DEPARTMENT REPORT. (a) The department
shall publish on its Internet website a monthly report containing
aggregate data of the information in the reports submitted under
Section 245.011.
(b) The department's monthly report may not identify by any
means an abortion facility, a physician performing the abortion, or
a patient.
SECTION 13. Subtitle B, Title 8, Health and Safety Code, is
amended by adding Chapter 697 to read as follows:
CHAPTER 697. DISPOSITION OF EMBRYONIC AND FETAL TISSUE REMAINS
Sec. 697.001. PURPOSE. The purpose of this chapter is to
express the state's profound respect for the life of the unborn by
providing for a dignified disposition of embryonic and fetal tissue
remains.
Sec. 697.002. DEFINITIONS. In this chapter:
(1) "Cremation" means the irreversible process of
reducing remains to bone fragments through direct flame, extreme
heat, and evaporation.
(2) "Department" means the Department of State Health
Services.
(3) "Embryonic and fetal tissue remains" means an
embryo, a fetus, body parts, or organs from a pregnancy that
terminates in the death of the embryo or fetus and for which the
issuance of a fetal death certificate is not required by state law.
The term does not include the umbilical cord, placenta, gestational
sac, blood, or body fluids.
(4) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(5) "Incineration" means the process of burning
remains in an incinerator.
(6) "Interment" means the disposition of remains by
entombment, burial, or placement in a niche.
(7) "Steam disinfection" means the act of subjecting
remains to steam under pressure to disinfect the remains.
Sec. 697.003. APPLICABILITY OF OTHER LAW. Embryonic and
fetal tissue remains are not pathological waste under state law.
Unless otherwise provided by this chapter, Chapters 711 and 716 of
this code and Chapter 651, Occupations Code, do not apply to the
disposition of embryonic and fetal tissue remains.
Sec. 697.004. DISPOSITION OF EMBRYONIC AND FETAL TISSUE
REMAINS. (a) Subject to Section 241.010, a health care facility
in this state that provides health or medical care to a pregnant
woman shall dispose of embryonic and fetal tissue remains that are
passed or delivered at the facility by:
(1) interment;
(2) cremation;
(3) incineration followed by interment; or
(4) steam disinfection followed by interment.
(b) The ashes resulting from the cremation or incineration
of embryonic and fetal tissue remains:
(1) may be interred or scattered in any manner as
authorized by law for human remains; and
(2) may not be placed in a landfill.
(c) A health care facility responsible for disposing of
embryonic and fetal tissue remains may coordinate with an entity in
the registry established under Section 697.005 in an effort to
offset the cost associated with burial or cremation of the
embryonic and fetal tissue remains of an unborn child.
(d) Notwithstanding any other law, the umbilical cord,
placenta, gestational sac, blood, or body fluids from a pregnancy
terminating in the death of the embryo or fetus for which the
issuance of a fetal death certificate is not required by state law
may be disposed of in the same manner as and with the embryonic and
fetal tissue remains from that same pregnancy as authorized by this
chapter.
Sec. 697.005. BURIAL OR CREMATION ASSISTANCE REGISTRY. The
department shall:
(1) establish and maintain a registry of:
(A) participating funeral homes and cemeteries
willing to provide free common burial or low-cost private burial;
and
(B) private nonprofit organizations that
register with the department to provide financial assistance for
the costs associated with burial or cremation of the embryonic and
fetal tissue remains of an unborn child; and
(2) make the registry information available on request
to a physician, health care facility, or agent of a physician or
health care facility.
Sec. 697.006. ETHICAL FETAL REMAINS GRANT PROGRAM. The
department shall develop a grant program that uses private
donations to provide financial assistance for the costs associated
with disposing of embryonic and fetal tissue remains.
Sec. 697.007. SUSPENSION OR REVOCATION OF LICENSE. The
department may suspend or revoke the license of a health care
facility that violates this chapter or a rule adopted under this
chapter.
Sec. 697.008. CIVIL PENALTY. (a) A person that violates
this chapter or a rule adopted under this chapter is liable for a
civil penalty in an amount of $1,000 for each violation.
(b) The attorney general, at the request of the department,
may sue to collect the civil penalty. The attorney general may
recover reasonable expenses incurred in collecting the civil
penalty, including court costs, reasonable attorney's fees,
investigation costs, witness fees, and disposition expenses.
Sec. 697.009. RULES. The executive commissioner shall
adopt rules to implement this chapter.
SECTION 14. 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 an abortion on a woman who is pregnant
with a viable unborn child during the third trimester of the
pregnancy unless:
(A) the abortion is necessary to prevent the
death of the woman;
(B) the viable unborn child has a severe,
irreversible brain impairment; or
(C) the woman is diagnosed with a significant
likelihood of suffering imminent severe, irreversible brain damage
or imminent severe, irreversible paralysis;
(19) performs 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 an abortion on an
unemancipated minor in violation of Chapter 33, Family Code; or
(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.
SECTION 15. 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, Health and Safety Code, or Subchapter C, F, or G, Chapter
171, Health and Safety Code.
SECTION 16. Section 48.02(a), Penal Code, is amended to
read as follows:
(a) In this section, "human ["Human] organ" means the human
kidney, liver, heart, lung, pancreas, eye, bone, skin, [fetal
tissue,] or any other human organ or tissue, but does not include
hair or blood, blood components (including plasma), blood
derivatives, or blood reagents. The term does not include human
fetal tissue as defined by Section 48.03.
SECTION 17. Chapter 48, Penal Code, is amended by adding
Section 48.03 to read as follows:
Sec. 48.03. PROHIBITION ON PURCHASE AND SALE OF HUMAN FETAL
TISSUE. (a) In this section, "human fetal tissue" has the meaning
assigned by Section 173.001, Health and Safety Code.
(b) A person commits an offense if the person knowingly
offers to buy, offers to sell, acquires, receives, sells, or
otherwise transfers any human fetal tissue for economic benefit.
(c) An offense under this section is a state jail felony.
(d) It is a defense to prosecution under this section that
the actor:
(1) is an employee of or under contract with an
accredited public or private institution of higher education; and
(2) acquires, receives, or transfers human fetal
tissue solely for the purpose of fulfilling a donation authorized
by Section 173.005, Health and Safety Code.
(e) This section does not apply to:
(1) human fetal tissue acquired, received, or
transferred solely for diagnostic or pathological testing;
(2) human fetal tissue acquired, received, or
transferred solely for the purposes of a criminal investigation;
(3) human fetal tissue acquired, received, or
transferred solely for the purpose of disposing of the tissue in
accordance with state law or rules applicable to the disposition of
human fetal tissue remains;
(4) human fetal tissue or human tissue acquired during
pregnancy or at delivery of a child, provided the tissue is acquired
by an accredited public or private institution of higher education
for use in research approved by an institutional review board or
another appropriate board, committee, or body charged with
oversight applicable to the research; or
(5) cell lines derived from human fetal tissue or
human tissue existing on September 1, 2017, that are used by an
accredited public or private institution of higher education in
research approved by an institutional review board or another
appropriate board, committee, or body charged with oversight
applicable to the research.
(f) With the consent of the appropriate local county or
district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor to prosecute an
offense under this section.
SECTION 18. (a) Not later than December 1, 2017, the
executive commissioner of the Health and Human Services Commission
shall adopt any rules necessary to implement Section 245.011,
Health and Safety Code, as amended by this Act, and Chapters 173 and
697, Health and Safety Code, as added by this Act.
(b) The Department of State Health Services shall:
(1) as soon as practicable after the effective date of
this Act, develop the electronic reporting system required by
Section 245.011, Health and Safety Code, as amended by this Act;
(2) not later than October 1, 2017, establish the
grant program required by Section 697.006, Health and Safety Code,
as added by this Act;
(3) not later than December 1, 2017, prescribe the
standard consent form required by Section 173.006, Health and
Safety Code, as added by this Act; and
(4) not later than February 1, 2018, begin to award
grants under the grant program described by Subdivision (2) of this
subsection.
SECTION 19. (a) Subchapters F and G, Chapter 171, Health
and Safety Code, as added by this Act, apply only to an abortion
performed on or after the effective date of this Act. An abortion
performed 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) Sections 173.003, 173.004, 173.005, and 173.006, Health
and Safety Code, as added by this Act, apply to a donation of human
fetal tissue that occurs on or after the effective date of this Act,
regardless of whether the human fetal tissue was acquired before,
on, or after that date.
(c) An authorized facility is not required to make an
initial annual report under Section 173.009, Health and Safety
Code, as added by this Act, before January 1, 2019.
(d) Chapter 697, Health and Safety Code, as added by this
Act, applies only to the disposition of embryonic and fetal tissue
remains that occurs on or after February 1, 2018. The disposition
of embryonic and fetal tissue remains that occurs before February
1, 2018, is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
(e) Chapter 48, Penal Code, as amended by this Act, applies
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 on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this subsection, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 20. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
each person or entity, are severable from each other. If any
application of any provision in this Act to any person, group of
persons, or circumstances is found by a court to be invalid for any
reason, the remaining applications of that provision to all other
persons and circumstances shall be severed and may not be affected.
SECTION 21. (a) If some or all of the provisions of this
Act are ever temporarily or permanently restrained or enjoined by
judicial order, all other provisions of Texas law regulating or
restricting abortion shall be enforced as though the restrained or
enjoined provisions had not been adopted; provided, however, that
whenever the temporary or permanent restraining order or injunction
is stayed or dissolved, or otherwise ceases to have effect, the
provisions shall have full force and effect.
(b) Mindful of Leavitt v. Jane L., 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 Act, and
every application of the provisions in this Act, are severable from
each other. If any application of any provision in this Act to any
person, group of persons, or circumstances is found by a court to be
invalid, 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 Act 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 Act 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. The legislature further declares that it would
have passed this Act, and each provision, section, subsection,
sentence, clause, phrase, or word, and all constitutional
applications of this Act, irrespective of the fact that any
provision, section, subsection, sentence, clause, phrase, or word,
or applications of this Act, were to be declared unconstitutional
or to represent an undue burden.
(c) If any provision of this Act 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.
SECTION 22. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 8 passed the Senate on
March 15, 2017, by the following vote: Yeas 24, Nays 6; and that
the Senate concurred in House amendments on May 26, 2017, by the
following vote: Yeas 22, Nays 9.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 8 passed the House, with
amendments, on May 20, 2017, by the following vote: Yeas 93,
Nays 45, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor