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  81R12874 JSC-D
 
  By: Christian H.B. No. 3152
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the performance of an abortion on a woman
  who is not known to be pregnant; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 170.002, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  A physician commits an offense if the physician
  intentionally uses an instrument, medicine, drug, or other
  substance or device developed to terminate the pregnancy of a woman
  on a woman who is not known to be pregnant, unless the physician is
  using the instrument, medicine, drug, or other substance or device
  for a legitimate medical purpose other than the termination of a
  pregnancy. An offense under this subsection is a Class A
  misdemeanor.
         SECTION 2.  The change in law made 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 when the offense was committed, and
  the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2009.