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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibition of abortion; providing a civil penalty; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Human Life |
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Protection Act of 2021. |
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SECTION 2. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 170A to read as follows: |
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CHAPTER 170A. PERFORMANCE OF ABORTION |
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Sec. 170A.001. DEFINITIONS. In this chapter: |
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(1) "Abortion" has the meaning assigned by Section |
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245.002. |
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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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during 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 a 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. 170A.002. PROHIBITED ABORTION; EXCEPTIONS. (a) A |
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person may not knowingly perform, induce, or attempt an abortion. |
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(b) The prohibition under Subsection (a) does not apply if: |
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(1) the person performing, inducing, or attempting the |
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abortion is a licensed physician; |
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(2) in the exercise of reasonable medical judgment, |
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the pregnant female on whom the abortion is performed, induced, or |
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attempted has a life-threatening physical condition aggravated by, |
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caused by, or arising from a pregnancy that places the female at |
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risk of death or poses a serious risk of substantial impairment of a |
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major bodily function unless the abortion is performed or induced; |
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and |
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(3) the person performs, induces, or attempts the |
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abortion in a manner that, in the exercise of reasonable medical |
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judgment, provides the best opportunity for the unborn child to |
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survive unless, in the reasonable medical judgment, that manner |
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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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(c) A physician may not take an action authorized under |
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Subsection (b) if, at the time the abortion was performed, induced, |
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or attempted, the person knew the risk of death or a substantial |
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impairment of a major bodily function described by Subsection |
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(b)(2) arose from a claim or diagnosis that the female would engage |
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in conduct that might result in the female's death or in substantial |
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impairment of a major bodily function. |
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(d) Medical treatment provided to the pregnant female by a |
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licensed physician that results in the accidental or unintentional |
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injury or death of the unborn child does not constitute a violation |
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of this section. |
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Sec. 170A.003. CONSTRUCTION OF CHAPTER. This chapter may |
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not be construed to authorize the imposition of criminal, civil, or |
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administrative liability or penalties on a pregnant female on whom |
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an abortion is performed, induced, or attempted. |
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Sec. 170A.004. CRIMINAL OFFENSE. (a) A person who |
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violates Section 170A.002 commits an offense. |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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an unborn child dies as a result of the offense. |
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Sec. 170A.005. CIVIL PENALTY. A person who violates |
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Section 170A.002 is subject to a civil penalty of not less than |
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$100,000 for each violation. The attorney general shall file an |
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action to recover a civil penalty assessed under this section and |
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may recover attorney's fees and costs incurred in bringing the |
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action. |
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Sec. 170A.006. CIVIL REMEDIES UNAFFECTED. The fact that |
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conduct is subject to a civil or criminal penalty under this chapter |
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does not abolish or impair any remedy for the conduct that is |
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available in a civil suit. |
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Sec. 170A.007. DISCIPLINARY ACTION. In addition to any |
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other penalty that may be imposed under this chapter, the |
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appropriate licensing authority shall revoke the license, permit, |
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registration, certificate, or other authority of a physician or |
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other health care professional who performs, induces, or attempts |
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an abortion in violation of Section 170A.002. |
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SECTION 3. Section 2 of this Act takes effect, to the extent |
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permitted, on the 30th day after: |
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(1) the issuance of a United States Supreme Court |
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judgment in a decision overruling, wholly or partly, Roe v. Wade, |
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410 U.S. 113 (1973), as modified by Planned Parenthood v. Casey, 505 |
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U.S. 833 (1992), thereby allowing the states of the United States to |
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prohibit abortion; |
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(2) the issuance of any other United States Supreme |
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Court judgment in a decision that recognizes, wholly or partly, the |
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authority of 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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SECTION 4. The legislature finds that the State of Texas |
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never repealed, either expressly or by implication, the state |
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statutes enacted before the ruling in Roe v. Wade, 410 U.S. 113 |
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(1973), that prohibit and criminalize abortion unless the mother's |
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life is in danger. |
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SECTION 5. The provisions of this Act are hereby declared |
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severable, and if any provision of this Act or the application of |
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such provision to any person or circumstance is declared invalid |
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for any reason, such declaration shall not affect the validity of |
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the remaining portions of this Act. |
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SECTION 6. This Act takes effect September 1, 2021. |