Bill Text: TX SB8 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to abortion, including abortions after detection of an unborn child's heartbeat; authorizing a private civil right of action.
Spectrum: Partisan Bill (Republican 90-1)
Status: (Passed) 2021-05-19 - Effective on 9/1/21 [SB8 Detail]
Download: Texas-2021-SB8-Engrossed.html
Bill Title: Relating to abortion, including abortions after detection of an unborn child's heartbeat; authorizing a private civil right of action.
Spectrum: Partisan Bill (Republican 90-1)
Status: (Passed) 2021-05-19 - Effective on 9/1/21 [SB8 Detail]
Download: Texas-2021-SB8-Engrossed.html
By: Hughes, et al. | S.B. No. 8 |
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relating to abortion, including abortions after detection of an | ||
unborn child's heartbeat; authorizing a private civil right of | ||
action. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Texas Heartbeat | ||
Act. | ||
SECTION 2. The legislature finds that the State of Texas | ||
never repealed, either expressly or by implication, the state | ||
statutes enacted before the ruling in Roe v. Wade, 410 U.S. 113 | ||
(1973), that prohibit and criminalize abortion unless the mother's | ||
life is in danger. | ||
SECTION 3. 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 unborn 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) "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. | ||
(6) "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. | ||
(7) "Unborn child" means a human fetus or embryo in any | ||
stage of gestation from fertilization until birth. | ||
Sec. 171.202. LEGISLATIVE FINDINGS. The legislature finds, | ||
according to contemporary medical research, that: | ||
(1) fetal heartbeat has become a key medical predictor | ||
that an unborn 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 unborn 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 unborn 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 unborn | ||
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 unborn 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; and | ||
(2) appropriate for the estimated gestational age of | ||
the unborn 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 unborn 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. | ||
Sec. 171.204. PROHIBITED ABORTION OF UNBORN 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 unborn 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) Sections 171.203 and 171.204 do 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. LIMITATIONS ON PUBLIC ENFORCEMENT. | ||
(a) Notwithstanding Section 171.005 or any other law, the | ||
requirements of this subchapter shall be enforced exclusively | ||
through the private civil actions described in Section 171.208. No | ||
enforcement of this subchapter, and no enforcement of Chapters 19 | ||
and 22, Penal Code, in response to violations of this subchapter, | ||
may be taken or threatened by this state, a political subdivision, a | ||
district or county attorney, or an executive or administrative | ||
officer or employee of this state or a political subdivision | ||
against any person, except as provided in Section 171.208. | ||
(b) Subsection (a) 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 171.208; or | ||
(3) limit the enforceability of any other laws that | ||
regulate or prohibit abortion. | ||
Sec. 171.208. 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 any person who: | ||
(1) performs or induces an abortion in violation of | ||
this chapter; | ||
(2) knowingly engages in conduct that aids or abets | ||
the performance or inducement of an abortion, including paying for | ||
or reimbursing the costs of an abortion through insurance or | ||
otherwise, if the abortion is performed or induced in violation of | ||
this chapter, regardless of whether the person knew or should have | ||
known that the abortion would be performed or induced in violation | ||
of this chapter; or | ||
(3) intends to engage in the conduct described by | ||
Subdivision (1) or (2). | ||
(b) If a claimant prevails in an action brought under this | ||
section, the court shall award: | ||
(1) injunctive relief sufficient to prevent the | ||
defendant from violating this chapter or engaging in acts that aid | ||
or abet violations of this chapter; | ||
(2) statutory damages in an amount of not less than | ||
$10,000 for each abortion that the defendant performed or induced | ||
in violation of this chapter, and for each abortion performed or | ||
induced in violation of this chapter that the defendant aided or | ||
abetted; 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 Subsection | ||
(a)(1) or (2) if the defendant demonstrates that the defendant | ||
previously paid the full amount of statutory damages under | ||
Subsection (b)(2) in a previous action for that particular abortion | ||
performed or induced in violation of this chapter, or for the | ||
particular conduct that aided or abetted an abortion performed or | ||
induced in violation of this chapter. | ||
(d) Notwithstanding Chapter 16, Civil Practice and Remedies | ||
Code, or any other law, a person may bring an action under this | ||
section not later than the sixth anniversary of the date the cause | ||
of action accrues. | ||
(e) Notwithstanding any other law, 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 | ||
chapter are unconstitutional or were unconstitutional; | ||
(3) a defendant's reliance on any court decision that | ||
has been overruled on appeal or by a subsequent court, even if that | ||
court decision had not been overruled when the defendant engaged in | ||
conduct that violates this chapter; | ||
(4) a defendant's reliance on any state or federal | ||
court decision that is not binding on the court in which the action | ||
has been brought; | ||
(5) non-mutual issue preclusion or non-mutual claim | ||
preclusion; | ||
(6) the consent of the unborn child's mother to the | ||
abortion; or | ||
(7) any claim that the enforcement of this chapter or | ||
the imposition of civil liability against the defendant will | ||
violate the constitutional rights of third parties, except as | ||
provided by Section 171.209. | ||
(f) It is an affirmative defense if: | ||
(1) a person sued under Subsection (a)(2) reasonably | ||
believed, after conducting a reasonable investigation, that the | ||
physician performing or inducing the abortion had complied or would | ||
comply with this chapter; or | ||
(2) a person sued under Subsection (a)(3) reasonably | ||
believed, after conducting a reasonable investigation, that the | ||
physician performing or inducing the abortion will comply with this | ||
chapter. | ||
(f-1) The defendant has the burden of proving an affirmative | ||
defense under Subsection (f)(1) or (2) by a preponderance of the | ||
evidence. | ||
(g) This section may not be construed to impose liability on | ||
any speech or conduct protected by the First Amendment of the United | ||
States Constitution, as made applicable to the states through the | ||
United States Supreme Court's interpretation of the Fourteenth | ||
Amendment of the United States Constitution, or by Section 8, | ||
Article I, Texas Constitution. | ||
(h) 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. | ||
(i) 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. 171.209. CIVIL LIABILITY: UNDUE BURDEN DEFENSE | ||
LIMITATIONS. (a) A defendant against whom an action is brought | ||
under Section 171.208 does not have standing to assert the rights of | ||
women seeking an abortion as a defense to liability under that | ||
section unless: | ||
(1) 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; or | ||
(2) the defendant has standing to assert the rights of | ||
women seeking an abortion under the tests for third-party standing | ||
established by the United States Supreme Court. | ||
(b) A defendant in an action brought under Section 171.208 | ||
may assert an affirmative defense to liability under this section | ||
if: | ||
(1) the defendant has standing to assert the | ||
third-party rights of a woman or group 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 that woman or that | ||
group of 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 a woman or a group | ||
of women from obtaining an abortion; or | ||
(2) an award of relief will place a substantial | ||
obstacle in the path of a woman or a 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 171.208 occurred before the Supreme | ||
Court overruled either of those decisions. | ||
(f) Nothing in this section shall in any way limit or | ||
preclude a defendant from asserting the defendant's personal | ||
constitutional rights as a defense to liability under Section | ||
171.208, and a court may not award relief under Section 171.208 if | ||
the conduct for which the defendant has been sued was an exercise of | ||
state or federal constitutional rights that personally belong to | ||
the defendant. | ||
Sec. 171.210. CIVIL LIABILITY: VENUE. | ||
(a) Notwithstanding any other law, including Section 15.002, | ||
Civil Practice and Remedies Code, a civil action brought under | ||
Section 171.208 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. | ||
(b) If a civil action is brought under Section 171.208 in | ||
any one of the venues described by Subsection (a), the action may | ||
not be transferred to a different venue without the written consent | ||
of all parties. | ||
Sec. 171.211. 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 chapter, 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. 171.212. SEVERABILITY. (a) Mindful of Leavitt v. | ||
Jane L. | ||
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 chapter, and every application of the provisions in | ||
this chapter, are severable from each other. | ||
(b) If any application of any provision in this chapter 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 chapter 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 chapter 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 applications 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. | ||
(b-1) If any court declares or finds a provision of this | ||
chapter facially unconstitutional, when discrete applications of | ||
that provision can be enforced against a person, group of persons, | ||
or circumstances without violating the United States Constitution | ||
and Texas Constitution, those applications shall be severed from | ||
all remaining applications of the provision, and the provision | ||
shall be interpreted as if the legislature had enacted a provision | ||
limited to the persons, group of persons, or circumstances for | ||
which the provision's application will not violate the United | ||
States Constitution and Texas Constitution. | ||
(c) The legislature further declares that it would have | ||
enacted this chapter, and each provision, section, subsection, | ||
sentence, clause, phrase, or word, and all constitutional | ||
applications of this chapter, irrespective of the fact that any | ||
provision, section, subsection, sentence, clause, phrase, or word, | ||
or applications of this chapter, were to be declared | ||
unconstitutional or to represent an undue burden. | ||
(d) If any provision of this chapter 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), (b-1), (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. | ||
SECTION 4. 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, any governmental entity or public official in this | ||
state, or any person 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; | ||
(2) the court in the underlying action declined to | ||
recognize or enforce the requirements of this section; or | ||
(3) the court in the underlying action held that any | ||
provisions of this section are invalid, unconstitutional, or | ||
preempted by federal law, notwithstanding the doctrines of issue or | ||
claim preclusion. | ||
SECTION 5. 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 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 United States Constitution and Texas Constitution shall | ||
be severed from the unconstitutional applications and shall remain | ||
enforceable, notwithstanding any other law, and the statute shall | ||
be interpreted as if containing language limiting the statute's | ||
application to the persons, group of persons, or circumstances for | ||
which the statute's application will not violate the United States | ||
Constitution and Texas Constitution. | ||
SECTION 6. Section 171.005, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 171.005. COMMISSION [ |
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EXCEPTION. The commission [ |
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except for Subchapter H, which shall be enforced exclusively | ||
through the private civil enforcement actions described by Section | ||
171.208 and may not be enforced by the commission. | ||
SECTION 7. 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 8. Section 171.012(a), Health and Safety Code, is | ||
amended 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 unborn | ||
child at the time the abortion is to be performed or induced; and | ||
(D) the medical risks associated with carrying | ||
the child to term; | ||
(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 unborn child 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 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 UNBORN CHILD [ |
||
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 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 OR A FACILITY THAT PERFORMS 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. | ||
SECTION 9. 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 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; | ||
(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 unborn | ||
child based on the best medical judgment of the attending 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; and | ||
(11) the information required under Sections | ||
171.008(a) and (c). | ||
SECTION 10. Every provision in this Act and every | ||
application of the provision in this Act are severable from each | ||
other. If any provision or application of any provision in this Act | ||
to any person, group of persons, or circumstance is held by a court | ||
to be invalid, the invalidity does not affect the other provisions | ||
or applications of this Act. | ||
SECTION 11. The change in law made by this Act applies only | ||
to an abortion performed or induced on or after the effective date | ||
of this Act. | ||
SECTION 12. This Act takes effect September 1, 2021. |