By Ogden                                              H.B. No. 2814
       74R6542 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the right not to perform or assist in performing an
    1-3  abortion.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 1, 2, and 3, Chapter 745, Acts of the
    1-6  65th Legislature, Regular Session, 1977 (Article 4512.7, Vernon's
    1-7  Texas Civil Statutes), are amended to read as follows:
    1-8        Sec. 1.  A physician, nurse, staff member, student, intern,
    1-9  resident, or employee of a hospital, educational institution, or
   1-10  <other> health care facility who objects to performing or
   1-11  participating, directly or indirectly, in an abortion procedure may
   1-12  not be required to perform or participate, directly or indirectly,
   1-13  in an abortion procedure.
   1-14        Sec. 2.  A private hospital, private educational institution,
   1-15  or private health care facility may not be required to make its
   1-16  facilities available for the performance of an abortion unless a
   1-17  physician determines that the life of the mother is immediately
   1-18  endangered or if otherwise required by federal law.
   1-19        Sec. 3.  A hospital, educational institution, or health care
   1-20  facility may not discriminate in any manner against a physician,
   1-21  nurse, staff member, student, intern, resident, or employee or
   1-22  against an applicant for such positions, who refuses to perform or
   1-23  participate in an abortion procedure.  No physician, nurse, staff
   1-24  person, student, intern, resident, or employee shall be
    2-1  discriminated against for their willingness to participate in
    2-2  abortion procedures at other facilities.  An educational
    2-3  institution may not discriminate against applicants for admission
    2-4  or employment as students, interns, or residents because of their
    2-5  attitudes concerning abortion.
    2-6        SECTION 2.  The change in law made by this Act to Chapter
    2-7  745, Acts of the 65th Legislature, Regular Session, 1977 (Article
    2-8  4512.7, Vernon's Texas Civil Statutes), applies only to conduct
    2-9  that occurs on or after the effective date of this Act.  Conduct
   2-10  that occurs before the effective date of this Act is governed by
   2-11  the law as it existed immediately before the effective date of this
   2-12  Act, and that law is continued in effect for this purpose.
   2-13        SECTION 3.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended,
   2-18  and that this Act take effect and be in force from and after its
   2-19  passage, and it is so enacted.