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House Bill 1280 |
House Author: Capriglione et al. |
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Effective: See below |
Senate Sponsor: Paxton et al. |
House Bill 1280 enacts the Human Life Protection Act of 2021 and amends the Health and Safety Code to create a second degree felony offense for a person who knowingly performs, induces, or attempts an abortion and to provide for the enhancement of that penalty to a first degree felony if an unborn child dies as a result of the offense. The bill also subjects a person who engages in the prohibited conduct to a civil penalty of not less than $100,000 for each violation and sets out exceptions to the application of the offense. The bill prohibits a physician from taking an action that constitutes such an exception if, at the time the abortion was performed, induced, or attempted, the person knew the risk of death or a substantial impairment of a major bodily function arose from a claim or diagnosis that the female would engage in conduct that might result in the female's death or in substantial impairment of a major bodily function. In addition, the bill does the following:
· requires the attorney general to file an action to recover an applicable civil penalty;
· authorizes the attorney general to recover attorney's fees and costs incurred in bringing such an action;
· clarifies that the fact that conduct is subject to a civil or criminal penalty under the bill's provisions does not abolish or impair any remedy for the conduct that is available in a civil suit; and
· requires the appropriate licensing authority to revoke the license, permit, registration, certificate, or other authority of a physician or other health care professional who performs, induces, or attempts an abortion in violation of the bill's provisions.
House Bill 1280 takes effect, to the extent permitted, on the 30th day after one of the following:
· the issuance of a U.S. Supreme Court judgment in a decision overruling, wholly or partly, Roe v. Wade, thereby allowing the states to prohibit abortion;
· the issuance of any other U.S. Supreme Court judgment in a decision that recognizes, wholly or partly, the authority of the states to prohibit abortion; or
· the adoption of an amendment to the U.S. Constitution that, wholly or partly, restores to the states the authority to prohibit abortion.