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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 33.001,
Family Code, is amended by amending Subdivisions (1) and (2) and adding
Subdivisions (3-a), (3-b), (4-a), (4-b), (4-c), and (4-d) to read as
follows:
(1) "Abortion" has
the meaning assigned by Section 171.002, 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].
(2) "Attempt to
perform an abortion" means an act or an omission of a statutorily
required act that, under the circumstances as the actor believes them to
be, constitutes a substantial step in a course of conduct planned to
culminate in the performance of an abortion in this state. ["Fetus"
means an individual human organism from fertilization until birth.]
(3-a) "Medical
emergency" means a life-threatening physical condition aggravated by,
caused by, or arising from a pregnancy that, in reasonable medical
judgment, places the pregnant woman in danger of death or at serious risk
of substantial impairment of a major bodily function unless the abortion is
performed immediately. No condition shall be deemed a medical emergency if
based on a claim or diagnosis that the woman will engage in conduct which
she intends to result in her death or in substantial and irreversible
physical impairment of a major bodily function.
(3-b) "Perform"
with respect to an abortion includes to induce the abortion.
(4-a) "Positive
proof of age" means a government-issued document, including a birth
certificate or driver's license or similar state-issued or federal
government-issued identification card, that indicates a person's age.
(4-b) "Positive
proof of identification" means a government-issued photo
identification card, including a driver's license or similar state-issued
or federal government-issued identification card, that a reasonable person
would believe is the identification card of the person presenting the card.
(4-c) "Reasonable
medical judgment" means a medical judgment that would be made by a
reasonably prudent physician who is knowledgeable about a patient's case
and the treatment possibilities for the patient related to the medical
conditions related to the case.
(4-d) "Unborn
child" means an individual human organism from fertilization until
live birth.
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No
equivalent provision.
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SECTION 2. Chapter 33,
Family Code, is amended by adding Section 33.0011 to read as follows:
Sec. 33.0011. POSITIVE
PROOF OF AGE. (a) Except in the case of a medical emergency or as provided
by this chapter, a physician may not perform or attempt to perform an
abortion on any pregnant woman unless the physician has obtained:
(1) positive proof of age
demonstrating that the pregnant woman is not a minor; or
(2) a certified copy of
the court order proving that the pregnant woman is an emancipated minor.
(b) A copy of the
positive proof of age submitted under Subsection (a) must be kept in the
woman's medical record until the later of:
(1) the woman's 25th
birthday; or
(2) the seventh
anniversary of the date of the certification.
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No
equivalent provision.
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SECTION 3. Section 33.002,
Family Code, is amended by amending Subsections (a), (d), (e), and (g) and
adding Subsections (a-1), (a-2), (a-3), (a-4), and (g-1) to read as
follows:
(a) Subject to Sections
33.003 and 33.004, a [A] physician may not perform an abortion or
attempt to perform an abortion on a pregnant unemancipated minor unless
written consent of the minor's parent, managing conservator, or legal
guardian is obtained under Section 164.052(a)(19), Occupations Code, and:
(1) a parent of the minor
or the managing conservator or guardian of the minor provides, in person,
positive proof of identification and the certified statement described by
Section 33.0021(a) to the physician who is to perform the abortion;
(2) 48 hours have elapsed
since the time written notice of the pending abortion was personally
delivered by the physician who is to perform or attempt to perform the
abortion, or an agent of the physician, to the usual place of residence of
a parent of the minor or the managing conservator or guardian of the minor
and the parent, managing conservator, or guardian provided positive proof
of identification to the delivering physician or agent;
(3) 48 hours have elapsed
since the attending physician who is to perform the abortion sent a written
notice of the physician's intent to perform an abortion on a pregnant
unemancipated minor to the last known address of the minor's parent,
managing conservator, or guardian by certified mail, restricted delivery,
return receipt requested [the physician performing the abortion
gives at least 48 hours actual notice, in person or by telephone, of the
physician's intent to perform the abortion to:
[(A) a parent of the
minor, if the minor has no managing conservator or guardian; or
[(B) a court-appointed
managing conservator or guardian;
[(2) the judge of a court
having probate jurisdiction, the judge of a county court at law, the judge
of a district court, including a family district court, or a court of
appellate jurisdiction issues an order authorizing the minor to consent to
the abortion as provided by Section 33.003 or 33.004;
[(3) a probate court,
county court at law, district court, including a family district court, or
court of appeals, by its inaction, constructively authorizes the minor to
consent to the abortion as provided by Section 33.003 or 33.004]; or
(4) the physician who is
to perform [performing] the abortion:
(A) concludes that a
medical emergency exists as described by Section 33.001(3-a) [on the
basis of the physician's good faith clinical judgment, a condition exists
that complicates the medical condition of the pregnant minor and
necessitates the immediate abortion of her pregnancy to avert her death or
to avoid a serious risk of substantial and irreversible impairment of a
major bodily function]; [and]
(B) certifies in writing to
the [Texas] Department of State Health Services and in
the patient's medical record the medical indications supporting the
physician's judgment that a medical emergency exists as required by
Subsection (e) and Section 33.0022(c); and
(C) provides the notice
required under Section 33.0022 [the circumstances described by
Paragraph (A) exist].
(a-1) A physician, an
agent of the physician, the facility, or any agent of or person at the
facility may not accept any form of payment, deposit, or exchange during a
minor's initial visit to the physician's office or facility to provide the
positive proof of identification and certified statement required under
Subsection (a)(1).
(a-2) The physician who
performs the abortion on the minor must certify in writing that the notice
required by Subsection (a)(2) was delivered to the parent of the minor or
the managing conservator or guardian of the minor. The written
certification must be kept in the minor's medical record for the period
specified by Subsection (a-4).
(a-3) A physician may
rely on the last known address information described by Subsection (a)(3)
if a reasonable and prudent person, under similar circumstances, would rely
on the information as sufficient evidence that the parent, managing
conservator, or guardian resides at that address. The physician must keep
for the period specified by Subsection (a-4) in the minor's medical record:
(1) the return receipt
from the written notice; or
(2) if the notice was
returned as undeliverable, the notice.
(a-4) The documentation
required under Subsections (a-2) and (a-3) must be kept in the minor's
medical record until the later of:
(1) the minor's 25th
birthday; or
(2) the seventh
anniversary of the date of the certification.
(d) A physician shall
[may] execute for inclusion in the minor's medical record an
affidavit stating that, according to the best information and belief of the
physician, notice [or constructive notice] has been provided as
required by this section. [Execution of an affidavit under this
subsection creates a presumption that the requirements of this section have
been satisfied.]
(e) The [Texas]
Department of State Health Services shall prepare a form to
be used for making the certification required by Subsection (a)(4)(B)
[(a)(4)]. The form must include:
(1) the following
statement: "Under penalty of perjury as defined by Section 37.02,
Penal Code, I, (insert name of physician performing abortion due to medical
emergency), swear that a medical emergency as defined by Section
33.001(3-a), Family Code, existed at the time the unemancipated minor
presented for an abortion.";
(2) a section for an
explanation of the specific life-threatening physical condition of the
minor that necessitated the immediate abortion; and
(3) a section for the
physician who is to perform the abortion to indicate whether the medical
emergency that necessitated the abortion placed the pregnant minor:
(A) in danger of imminent
death; or
(B) at serious risk of
substantial impairment of a major bodily function.
(g) A physician who with
criminal negligence [intentionally] performs or attempts to
perform an abortion on a pregnant unemancipated minor in violation of
this section commits an offense. An offense under this subsection is
punishable by a fine not to exceed $10,000. In this subsection, "criminal
negligence" ["intentionally"] has the meaning
assigned by Section 6.03(d) [6.03(a)], Penal Code.
(g-1) A physician
performing an abortion and a pregnant unemancipated minor seeking an
abortion under this section are subject to the requirements established
under Chapter 171, Health and Safety Code. The physician is also subject
to the requirements under Section 164.052(a)(19), Occupations Code.
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No
equivalent provision.
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SECTION 4. Chapter 33,
Family Code, is amended by adding Sections 33.0021 and 33.0022 to read as
follows:
Sec. 33.0021. CERTIFIED
STATEMENT; REQUIRED RECORDS. (a) The certified statement required under
Section 33.002(a) must be signed and dated and be substantially similar to
the following: "I certify that I, (insert name), am the parent,
managing conservator, or guardian of (insert name of pregnant minor) and
have been notified that (insert name of physician) intends to perform an
abortion on (insert name of pregnant minor). I understand that any person
who with criminal negligence makes a fraudulent statement in this regard commits
a felony."
(b) The physician who
receives the certified statement of the parent, managing conservator, or
guardian required under Section 33.002(a) shall execute an affidavit for
inclusion in the medical record of the minor stating: "I, (insert name
of physician), certify that according to my best information and belief, a
reasonable person under similar circumstances would rely on the positive
proof of identification presented by both the minor and her parent,
managing conservator, or guardian as belonging to the person represented on
the identification and as sufficient evidence of the person's
identity."
(c) A physician shall
keep in the medical record of the minor a copy of the positive proof of
identification of the parent, managing conservator, or guardian required
under Section 33.002(a), the certified statement required under Section
33.002(a), and the affidavit required under Subsection (b) until the later
of:
(1) the minor's 25th
birthday; or
(2) the seventh
anniversary of the date of the certified statement.
(d) A person commits an
offense if the person with criminal negligence makes a fraudulent statement
in a certified statement under Subsection (a). An offense under this
section is a state jail felony. If conduct constituting an offense under
this subsection is also an offense under Section 37.10, Penal Code, the
actor may be prosecuted under either provision or both provisions.
Sec. 33.0022. MEDICAL
EMERGENCY NOTIFICATION. (a) If the attending physician concludes under
Section 33.002(a)(4) that a medical emergency exists and that there is
insufficient time to provide the notice required by Section 33.002, the
physician shall verbally inform the parent, managing conservator, or
guardian of the unemancipated minor within two hours after the time a
medical emergency abortion is performed on the minor of:
(1) the performance of
the abortion; and
(2) the basis for the
physician's determination that a medical emergency existed, as defined by
Section 33.001(3-a), that required the performance of a medical emergency
abortion without fulfilling the requirements of Section 33.002.
(b) The attending
physician shall send a written notice of the medical emergency abortion to
the last known address of the parent, managing conservator, or guardian by
certified mail, restricted delivery, return receipt requested. The
physician may rely on last known address information if a reasonable and
prudent person, under similar circumstances, would rely on the information
as sufficient evidence that the parent, managing conservator, or guardian
resides at that address. The physician must keep for the period specified
by Section 33.0021(c) in the minor's medical record:
(1) the return receipt
from the written notice; or
(2) if the notice was
returned as undeliverable, the notice.
(c) The physician who
performs the abortion on the minor shall execute for inclusion in the
medical record of the minor an affidavit that:
(1) includes the
following statement: "I, (insert name of physician), certify that a
life-threatening physical condition aggravated by, caused by, or arising
from the minor's pregnancy placed the minor in danger of death or at
serious risk of substantial impairment of a major bodily function unless
the abortion was performed.";
(2) explains the specific
life-threatening condition of the minor that necessitated the immediate
abortion; and
(3) indicates whether the
medical emergency that necessitated the abortion placed the pregnant minor:
(A) in danger of imminent
death; or
(B) at serious risk of substantial
impairment of a major bodily function.
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No
equivalent provision.
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SECTION 5. Sections
33.003(a), (b), (c), (e), (f), (h), (i), and (j), Family Code, are amended
to read as follows:
(a) A pregnant minor [who
wishes to have an abortion without notification to one of her parents, her
managing conservator, or her guardian] may file an application for a
court order authorizing the minor to consent to the performance of an
abortion without the consent of or notification to either of her
parents or a managing conservator or guardian.
(b) If the minor resides
in a county with a population of less than 50,000, the [The]
application must [may] be filed in a [any]
county court at law, court having probate jurisdiction, or district court,
including a family district court, in the county in which the minor
resides or an adjacent county [this state]. If the minor
resides in a county with a population of 50,000 or more, the application
must be filed in a county court at law, court having probate jurisdiction,
or district court, including a family district court, in the county in
which the minor resides.
(c) The application must be
made under oath and include:
(1) a statement that the
minor is pregnant;
(2) a statement that the
minor is unmarried, is under 18 years of age, and has not had her
disabilities removed under Chapter 31;
(3) a statement that the
minor wishes to have an abortion without the notification or consent
of either of her parents or a managing conservator or guardian; [and]
(4) a statement as to
whether the minor has retained an attorney and, if she has retained an
attorney, the name, address, and telephone number of her attorney; and
(5) a statement about the
minor's current residence, including the minor's physical address, mailing
address, and telephone number.
(e) The court shall appoint
a guardian ad litem for the minor. If the minor has not retained an
attorney, the court shall appoint an attorney to represent the minor. The
[If the] guardian ad litem may not also [is an attorney admitted
to the practice of law in this state, the court may appoint the guardian ad
litem to] serve as the minor's attorney ad litem.
(f) The court may appoint to
serve as guardian ad litem:
(1) a person who may consent
to treatment for the minor under Sections 32.001(a)(1)-(3); or
(2) [a psychiatrist or an
individual licensed or certified as a psychologist under Chapter 501,
Occupations Code;
[(3)] an appropriate
employee of the Department of Family and Protective Services[;
[(4) a member of the clergy;
or
[(5) another appropriate
person selected by the court].
(h) The court shall rule on
an application submitted under this section and shall issue written
findings of fact and conclusions of law not later than 5 p.m. on the second
business day after the date the application is filed with the court. On
request by the minor, the court shall grant an extension of the period
specified by this subsection. If a request for an extension is made, the
court shall rule on an application and shall issue written findings of fact
and conclusions of law not later than 5 p.m. on the second business day
after the date the minor states she is ready to proceed to hearing. [If
the court fails to rule on the application and issue written findings of
fact and conclusions of law within the period specified by this subsection,
the application is deemed to be granted and the physician may perform the
abortion as if the court had issued an order authorizing the minor to
consent to the performance of the abortion without notification under
Section 33.002.] Proceedings under this section shall be given
precedence over other pending matters to the extent necessary to assure
that the court reaches a decision promptly.
(i)
The court shall determine by clear and convincing [a preponderance
of the] evidence whether the minor is mature and sufficiently well
informed to make the decision to have an abortion performed without the
consent of or notification to either of her parents or a managing
conservator or guardian or [,] whether consent or
notification would not be in the best interest of the minor. The court
shall determine by a preponderance of the evidence[, or] whether
consent or notification may lead to physical or [,]
sexual[, or emotional] abuse of the minor. If the court finds that
the minor is mature and sufficiently well informed, that consent or
notification would not be in the minor's best interest, or that consent
or notification may lead to physical or [,] sexual[,
or emotional] abuse of the minor, the court shall enter an order
authorizing the minor to consent to the performance of the abortion without
the consent of or notification to either of her parents or a
managing conservator or guardian and shall execute the required forms.
(j) If the court finds that
the minor does not meet the requirements of Subsection (i), the court may
not authorize the minor to consent to an abortion without the consent
required under Section 164.052(a)(19), Occupations Code, or
notification authorized under Section 33.002(a)(1).
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SECTION 1. Sections
33.003(a), (b), (c), (e), (f), (h), and (j), Family Code, are amended to
read as follows:
(a) A pregnant minor [who
wishes to have an abortion without notification to one of her parents, her
managing conservator, or her guardian] may file an application for a
court order authorizing the minor to consent to the performance of an
abortion without the consent of or notification to either of her
parents or a managing conservator or guardian.
(b) If the minor resides
in a county with a population of less than 50,000, the [The]
application must [may] be filed in a [any]
county court at law, court having probate jurisdiction, or district court,
including a family district court, in the county in which the minor
resides or an adjacent county [this state]. If the minor
resides in a county with a population of 50,000 or more, the application
must be filed in a county court at law, court having probate jurisdiction,
or district court, including a family district court, in the county in
which the minor resides.
(c) The application must be
made under oath and include:
(1) a statement that the
minor is pregnant;
(2) a statement that the
minor is unmarried, is under 18 years of age, and has not had her
disabilities removed under Chapter 31;
(3) a statement that the
minor wishes to have an abortion without the notification or consent
of either of her parents or a managing conservator or guardian; [and]
(4) a statement as to
whether the minor has retained an attorney and, if she has retained an
attorney, the name, address, and telephone number of her attorney; and
(5) a statement about the
minor's current residence, including the minor's physical address, mailing
address, and telephone number.
(e) The court shall appoint
a guardian ad litem for the minor. If the minor has not retained an
attorney, the court shall appoint an attorney to represent the minor. The
[If the] guardian ad litem may not also [is an attorney
admitted to the practice of law in this state, the court may appoint the
guardian ad litem to] serve as the minor's attorney ad litem.
(f) The court may appoint to
serve as guardian ad litem:
(1) a person who may consent
to treatment for the minor under Sections 32.001(a)(1)-(3); or
(2) [a psychiatrist or an
individual licensed or certified as a psychologist under Chapter 501,
Occupations Code;
[(3)] an appropriate
employee of the Department of Family and Protective Services[;
[(4) a member of the
clergy; or
[(5) another appropriate
person selected by the court].
(h) The court shall rule on
an application submitted under this section and shall issue written
findings of fact and conclusions of law not later than 5 p.m. on the second
business day after the date the application is filed with the court. On
request by the minor, the court shall grant an extension of the period
specified by this subsection. If a request for an extension is made, the
court shall rule on an application and shall issue written findings of fact
and conclusions of law not later than 5 p.m. on the second business day
after the date the minor states she is ready to proceed to hearing. [If
the court fails to rule on the application and issue written findings of
fact and conclusions of law within the period specified by this subsection,
the application is deemed to be granted and the physician may perform the
abortion as if the court had issued an order authorizing the minor to
consent to the performance of the abortion without notification under
Section 33.002.] Proceedings under this section shall be given
precedence over other pending matters to the extent necessary to assure
that the court reaches a decision promptly.
(j) If the court finds that
the minor does not meet the requirements of Subsection (i), the court may
not authorize the minor to consent to an abortion without the consent
required under Section 164.052(a)(19), Occupations Code [notification authorized under Section
33.002(a)(1)].
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SECTION 6. Sections
33.004(b) and (f), Family Code, are amended.
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SECTION 2. Same as introduced
version.
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SECTION 7. Section 33.007,
Family Code, is amended to read as follows:
Sec. 33.007. COSTS NOT
PAID BY STATE. [(a)] A court acting under Section 33.003 or 33.004
may not issue an order requiring the state to pay:
(1) the cost of any attorney
ad litem and any guardian ad litem appointed for the minor;
(2) notwithstanding Sections
33.003(n) and 33.004(e), the costs of court associated with the application
or appeal; or [and]
(3) any court reporter's
fees incurred.
[(b) An order issued
under Subsection (a) must be directed to the comptroller, who shall pay the
amount ordered from funds appropriated to the Texas Department of Health.]
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No
equivalent provision.
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SECTION 8. Section 33.008,
Family Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 9. Section 33.010,
Family Code, is amended to read as follows:
Sec. 33.010.
CONFIDENTIALITY. Notwithstanding any other law, information obtained by
the Department of Family and Protective Services or another entity under
Section 33.008 [or 33.009] is confidential except to the extent
necessary to prove a violation of Section 21.02, 22.011, 22.021, or 25.02,
Penal Code.
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No
equivalent provision.
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SECTION 10. Chapter 33,
Family Code, is amended by adding Sections 33.012 and 33.013 to read as
follows:
Sec. 33.012. INJUNCTION;
CIVIL LIABILITY. (a) A cause of action for injunctive relief may be
brought against a person who intentionally, knowingly, recklessly, or
negligently violates Section 33.0011, 33.002, or 33.008 to prevent the
violation from continuing or occurring. The action may be maintained by:
(1) the minor on whom an
abortion was performed or on whom the performance of an abortion was
attempted;
(2) a parent or the
managing conservator or guardian of the minor;
(3) a district attorney
with appropriate jurisdiction; or
(4) the attorney general.
(b) A physician or
abortion provider who intentionally, knowingly, recklessly, or negligently
violates this chapter is liable for damages in a civil action brought under
this section. A minor on whom an abortion has been performed or on whom
the performance of an abortion has been attempted in violation of this
chapter, or a parent or the managing conservator or guardian of an
unemancipated minor, may seek actual and exemplary damages from the
physician or abortion provider for any intentional, knowing, reckless, or
negligent violation of this chapter.
(c) A person who
intentionally, knowingly, recklessly, or negligently violates the terms of
an injunction issued in accordance with this section is liable to this
state for a civil penalty of:
(1) $10,000 for the first
violation;
(2) $50,000 for the
second violation;
(3) $100,000 for the
third violation; and
(4) an amount greater
than $100,000 that is sufficient to deter future violations for each
succeeding violation.
(d) Each performance or
attempted performance of an abortion in violation of the terms of an
injunction is a separate violation.
(e) A civil penalty may
not be assessed against a minor on whom an abortion is performed or
attempted.
(f) A physician who is
found guilty of a violation of this chapter by a court or who loses the
physician's license to practice medicine for unprofessional conduct
described by Section 164.052(a)(19) or (20), Occupations Code, is liable
for the legal fees of the minor or the person suing on the minor's behalf.
(g) It is not a defense
to a claim brought under this section that the minor gave informed and
voluntary consent.
Sec. 33.013. CAPACITY TO
CONSENT. An unemancipated minor does not have the capacity to consent to
any action that violates this chapter.
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No
equivalent provision.
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SECTION 11. Subchapter A,
Chapter 22, Government Code, is amended by adding Section 22.018 to read as
follows:
Sec. 22.018. PUBLIC
INFORMATION REGARDING CERTAIN PETITIONS AND MOTIONS. (a) The supreme
court shall adopt rules governing the collection of statistical information
relating to applications and appeals granted under Sections 33.003(h) and
33.004(b), Family Code. The information collected by the supreme court
must include:
(1) the number of
judicial bypass cases;
(2) the number of
judicial bypass cases in which the court appointed a guardian ad litem;
(3) the number of
judicial bypass cases in which the court appointed an attorney;
(4) the number of
judicial bypass cases in which the judge issued an order authorizing an
abortion without consent or notification; and
(5) the number of
judicial bypass cases in which the judge denied an order, the number of
appeals filed as a result of a denial, the number of denials that were
affirmed, and the number of denials that were reversed.
(b) The information
collected under this section must be available to the public in aggregate
form by county.
(c) Identifying
information about a minor collected under this section is confidential and
is not subject to disclosure under Chapter 552.
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No
equivalent provision.
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SECTION 12. 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; [or]
(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; or
(20) otherwise performs
an abortion on an unemancipated minor in violation of Chapter 33, Family
Code [, authorizing the minor to consent to the abortion, unless the
physician concludes that on the basis of the physician's good faith
clinical judgment, a condition exists that complicates the medical
condition of the pregnant minor and necessitates the immediate abortion of
her pregnancy to avert her death or to avoid a serious risk of substantial
impairment of a major bodily function and that there is insufficient time
to obtain the consent of the child's parent, managing conservator, or legal
guardian].
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No
equivalent provision.
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SECTION 13. 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.]
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No
equivalent provision.
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SECTION 14. The following
provisions of the Family Code are repealed:
(1) Sections 33.002(b), (c),
(f), (h), and (i);
(2) Section 33.003(k);
(3) Section 33.004(c); and
(4) Section 33.009.
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No
equivalent provision.
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SECTION 15. If any court
enjoins, suspends, or delays the implementation of the changes in law made
by this Act to Chapter 33, Family Code, and
Section 164.052, Occupations Code, the former law, as the law
existed immediately before the effective date of this Act, becomes or
remains in effect and continues in effect. At the time a temporary or
permanent restraining order or injunction described by this section is
stayed or dissolved, or otherwise ceases to have effect, the changes in law
made by this Act become immediately effective.
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SECTION 4. If any court
enjoins, suspends, or delays the implementation of the changes in law made
by this Act to Chapter 33, Family Code, the former law, as the law existed
immediately before the effective date of this Act, becomes or remains in
effect and continues in effect. At the time a temporary or permanent
restraining order or injunction described by this section is stayed or
dissolved, or otherwise ceases to have effect, the changes in law made by
this Act become immediately effective.
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SECTION 16. If any provision
of this Act or its application to any person or circumstance is finally
held to be unconstitutional, the entire Act is invalid, and to this end the
provisions of this Act are declared to be nonseverable.
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SECTION 5. Same as introduced
version.
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SECTION 17. The changes in
law made by this Act apply only to an offense committed or conduct that
occurs on or after the effective date of this Act. An offense committed or
conduct that occurs before the effective date of this Act is governed by
the law in effect when the offense was committed or the conduct occurred,
and the former law is continued in effect for that purpose. For purposes of
this section, an offense is committed or conduct occurs before the
effective date of this Act if any element of the offense or conduct occurs
before the effective date.
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No
equivalent provision.
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SECTION 18. Information
obtained before the effective date of this Act by the Department of Family
and Protective Services or another entity under Section 33.009, Family
Code, as it existed before the effective date of this Act, remains
confidential to the extent provided by Section 33.010, Family Code, as it
existed before the effective date of this Act.
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No
equivalent provision.
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SECTION 19. This Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not receive
the vote necessary for immediate effect, this Act takes effect September 1, 2013.
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SECTION 6. This Act takes
effect January 1, 2014.
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