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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibition of abortion; creating a civil penalty |
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offense; providing for a civil cause of action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 10, Penal Code, is amended by adding |
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Chapter 50 to read as follows: |
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CHAPTER 50. ABORTION |
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Sec. 50.01. DEFINITIONS. In this chapter: |
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(1) "Abortion" has the meaning assigned by Section |
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245.002, Health and Safety Code. |
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(2) "Fertilization" means the point in time when a |
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male human sperm penetrates the zona pellucida of a female human |
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ovum. |
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(3) "Pregnant" means the female human reproductive |
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condition of having a living unborn child within the female's body |
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through the entire embryonic and fetal stages of the unborn child's |
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development from fertilization until birth. |
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(4) "Reasonable medical judgment" means a medical |
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judgment made by a reasonably prudent physician, knowledgeable |
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about the case and the treatment possibilities for the medical |
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conditions involved. |
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(5) "Unborn child" means an individual living member |
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of the homo sapiens species from fertilization until birth, |
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including the entire embryonic and fetal stages of development. |
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Sec. 50.02. PERFORMANCE OF ABORTION; CIVIL OFFENSE. (a) A |
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person may not knowingly perform or induce or attempt to perform or |
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induce an abortion intended to cause the death of an unborn child. |
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(b) A person commits a civil offense if an unborn child dies |
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or sustains bodily injury as a result of an abortion performed or |
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attempted by the person. |
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(c) It is an exception to the application of this section |
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that: |
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(1) the actor is a licensed physician; |
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(2) in the actor's reasonable medical judgment, the |
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pregnant female on whom the abortion is performed or attempted has a |
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life-threatening physical condition aggravated by, caused by, or |
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arising from a pregnancy that places the female at risk of death or |
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poses a serious risk of substantial impairment of a major bodily |
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function unless the abortion is performed; and |
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(3) the actor performs or attempts to perform the |
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abortion in a manner that, in the actor's reasonable medical |
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judgment, provides the best opportunity for the unborn child to |
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survive unless, in the actor's reasonable medical judgment, that |
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manner would create: |
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(A) a greater risk of the pregnant female's |
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death; or |
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(B) a serious risk of substantial impairment of a |
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major bodily function of the pregnant female. |
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(d) The exception provided by Subsection (c) is not |
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available if, at the time the abortion was performed or attempted, |
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the actor knew the risk of death or a substantial impairment of a |
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major bodily function arose from a claim or diagnosis that the |
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female would engage in conduct that might result in the female's |
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death or in substantial impairment of a major bodily function. |
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(e) It is an exception to the application of this section |
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that the conduct subject to the offense is medical treatment |
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provided to a pregnant female by a physician and that medical |
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treatment results in the accidental death of or unintentional |
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bodily injury to an unborn child. |
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(f) This section may not be construed to authorize the |
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prosecution of a pregnant female on whom an abortion is performed or |
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attempted. |
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Sec. 50.03. CIVIL PENALTY. A physician or health care |
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facility that violates this section is subject to a civil penalty of |
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$500 for each violation. The attorney general, at the request of the |
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commission or appropriate licensing agency, may file an action to |
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recover a civil penalty assessed under this section and may recover |
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attorney's fees and costs incurred in bringing the action. Each day |
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of a continuing violation constitutes a separate ground for |
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recovery. |
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Sec. 50.04. CIVIL REMEDIES UNAFFECTED. The fact that |
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conduct is a civil offense under this section does not abolish or |
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impair any remedy for the conduct that is available in a civil suit. |
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Sec. 50.05. CIVIL ACTION; PROVIDING REMEDIES. (a) Unless |
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the abortion is performed pursuant to the exception provided in |
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Section 50.02(c), a woman on whom an abortion, as defined by Section |
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245.002, Health and Safety Code, is performed or attempted, the |
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father of the unborn child or a parent of the mother of the unborn |
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child, if the mother is younger than 18 years of age at the time of |
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the abortion, may bring a civil action to obtain appropriate relief |
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for causing the unborn child to die or sustain bodily injury as a |
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result of the abortion, including: |
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(1) money damages for physical injury, mental anguish, |
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and emotional distress; and |
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(2) exemplary damages equal to three times the cost of |
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the abortion. |
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(b) A person may not bring or maintain an action under this |
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section if: |
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(1) the person consented to the abortion; or |
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(2) the person's injurious conduct resulted in the |
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pregnancy. |
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SECTION 2. Chapter 6-1/2, Title 71, Revised Statutes, is |
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repealed. |
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SECTION 3. (a) Sections 1 and 2 of this Act take effect, to |
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the extent permitted, on the 30th day after: |
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(1) the issuance of a United States Supreme Court |
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judgment overruling, wholly or partly, Roe v. Wade, 410 U.S. 113 |
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(1973), as modified by Planned Parenthood v. Casey, 505 U.S. 833 |
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(1992), thereby allowing the states to prohibit abortion; |
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(2) the issuance of any other United States Supreme |
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Court decision that recognizes, wholly or partly, the authority of |
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the states to prohibit abortion; or |
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(3) adoption of an amendment to the United States |
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Constitution that, wholly or partly, restores to the states the |
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authority to prohibit abortion. |
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(b) Chapter 50, Penal Code, as added by this Act, applies |
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only to an offense committed on or after the date described by |
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Subsection (a) of this section. An offense committed before the |
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date described by Subsection (a) of this section is governed by the |
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law in effect on the date 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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subsection, an offense is committed before the date described by |
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Subsection (a) of this section if any element of the offense occurs |
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before that date. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |