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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting abortion and protecting the rights of an |
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unborn child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 151.002, Family Code, is |
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amended to read as follows: |
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Sec. 151.002. RIGHTS OF A LIVING CHILD [AFTER AN ABORTION OR
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PREMATURE BIRTH]. |
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SECTION 2. Section 151.002(a), Family Code, is amended to |
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read as follows: |
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(a) A living human child, from the moment of fertilization |
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on fusion of a human spermatozoon with a human ovum, [born alive
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after an abortion or premature birth] is entitled to the same |
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rights, powers, and privileges as are secured or granted by the laws |
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of this state to any other human child [born alive after the normal
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gestation period]. |
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SECTION 3. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.0375 to read as follows: |
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Sec. 402.0375. ABORTION PROHIBITION ENFORCEMENT. The |
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attorney general shall monitor this state's enforcement of Chapters |
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19 and 22, Penal Code, in relation to abortion. The attorney |
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general shall direct a state agency to enforce those laws, |
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regardless of any contrary federal law, executive order, or court |
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decision. |
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SECTION 4. The heading to Chapter 370, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
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COUNTY] HEALTH AND PUBLIC SAFETY FOR MORE THAN ONE TYPE OF LOCAL |
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GOVERNMENT |
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SECTION 5. Chapter 370, Local Government Code, is amended |
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by adding Section 370.007 to read as follows: |
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Sec. 370.007. ABORTION PROHIBITION ENFORCEMENT. The |
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governing body of a political subdivision of this state shall |
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ensure that the political subdivision enforces Chapters 19 and 22, |
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Penal Code, in relation to abortion, regardless of any contrary |
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federal law, executive order, or court decision. |
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SECTION 6. Section 19.06, Penal Code, is amended to read as |
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follows: |
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Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. |
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Notwithstanding any other law, this [This] chapter applies [does
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not apply] to the death of an unborn child, regardless of whether |
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[if] the conduct charged is: |
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(1) conduct committed by the mother of the unborn |
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child; |
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(2) a [lawful medical] procedure performed by a |
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physician or other licensed health care provider, including [with
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the requisite consent, if the death of the unborn child was the
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intended result of the procedure;
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[(3)] a [lawful medical] procedure performed [by a
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physician or other licensed health care provider with the requisite
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consent] as part of an assisted reproduction as defined by Section |
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160.102, Family Code; or |
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(3) [(4)] the dispensation or administration of a drug |
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[in accordance with law or administration of a drug prescribed in
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accordance with law]. |
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SECTION 7. Section 22.12, Penal Code, is amended to read as |
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follows: |
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Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT. |
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Notwithstanding any other law, this [This] chapter applies [does
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not apply] to conduct charged as having been committed against an |
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individual who is an unborn child, regardless of whether [if] the |
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conduct is: |
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(1) committed by the mother of the unborn child; |
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(2) a [lawful medical] procedure performed by a |
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physician or other health care provider, including [with the
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requisite consent;
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[(3)] a [lawful medical] procedure performed [by a
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physician or other licensed health care provider with the requisite
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consent] as part of an assisted reproduction as defined by Section |
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160.102, Family Code; or |
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(3) [(4)] the dispensation or administration of a drug |
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[in accordance with law or administration of a drug prescribed in
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accordance with law]. |
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SECTION 8. The following provisions are repealed: |
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(1) Section 71.003(c), Civil Practice and Remedies |
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Code; |
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(2) Section 103.002(b), Occupations Code; |
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(3) Section 20.01(5), Penal Code; and |
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(4) Section 49.12, Penal Code. |
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SECTION 9. (a) The changes in law made by this Act apply |
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only to conduct that occurs on or after the effective date of this |
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Act. Conduct that occurs before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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(b) The changes in law made by this Act apply only to an |
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offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense is committed before the effective date of this |
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Act if any element of the offense occurs before the effective date. |
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SECTION 10. Any federal law, executive order, or court |
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decision that purports to supersede, stay, or overrule this Act is |
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in violation of the Texas Constitution and the United States |
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Constitution and is therefore void. The State of Texas, a political |
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subdivision of this state, and any agent of this state or a |
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political subdivision of this state may, but is not required to, |
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enter an appearance, special or otherwise, in any federal suit |
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challenging this Act. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |