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A BILL TO BE ENTITLED
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AN ACT
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relating to personhood rights for born and preborn human beings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Health and Safety Code, is amended by |
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adding Chapter 2 to read as follows: |
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CHAPTER 2. PERSONHOOD RIGHTS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2.001. DEFINITIONS. In this chapter: |
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(1) "Assisted reproduction" has the meaning assigned |
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by Section 160.102, Family Code. |
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(2) "Human embryo" means a genetically complete living |
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organism of the species Homo sapiens, from the single-cell |
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fertilized egg to the blastocyst stage. |
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Sec. 2.002. LEGISLATIVE FINDINGS. Regarding the sanctity |
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of life, the legislature finds: |
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(1) the July 4, 1776, Declaration of Independence is |
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one of the organic laws of the United States; |
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(2) all persons are endowed by their Creator with |
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certain unalienable rights; |
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(3) personhood is God-given, as all persons are |
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created in the image of God; and |
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(4) a human being is a person at fertilization. |
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Sec. 2.003. CONSTRUCTION OF CHAPTER. This chapter may not |
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be construed to prohibit: |
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(1) a licensed physician from performing a medical |
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procedure or providing medical treatment designed or intended to |
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prevent the death of a pregnant woman in accordance with Section |
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2.052; |
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(2) contraception to prevent fertilization; or |
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(3) in vitro fertilization or other assisted |
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reproduction. |
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Sec. 2.004. CONFLICT OF LAWS. This chapter prevails over |
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other law to the extent of any conflict. |
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SUBCHAPTER B. PERSONHOOD RIGHTS |
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Sec. 2.051. VESTMENT OF RIGHTS. (a) The right to life for |
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each born and preborn human being vests at fertilization. |
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(b) Due process rights guaranteed by the laws of this state |
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for each born and preborn human being vest at fertilization. |
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Sec. 2.052. MEDICAL TREATMENT ON PREGNANT WOMEN TO PREVENT |
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DEATH; ENFORCEMENT. (a) While providing to a pregnant woman |
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treatment designed or intended to prevent the death of the woman, a |
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physician shall make reasonable medical efforts under the |
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circumstances to preserve the life of both the woman and the preborn |
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human being in a manner consistent with accepted medical standards. |
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(b) An accidental or unintentional injury or death to a |
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preborn human being does not violate this chapter. |
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(c) The threat of a pregnant woman's death may not be based |
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on: |
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(1) a diagnosis or claim of a mental or emotional |
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condition of the woman; or |
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(2) a diagnosis or claim that the woman will |
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purposefully engage in conduct that she intends will result in her |
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death. |
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(d) This section may not be construed to authorize the |
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intentional killing of a preborn human being. |
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(e) The Texas Medical Board may take a disciplinary action |
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authorized under Subtitle B, Title 3, Occupations Code, against a |
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physician who violates this chapter as if the physician violated |
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Subtitle B, Title 3, Occupations Code. |
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Sec. 2.053. EMBRYO DISPUTE STANDARDS. In a dispute between |
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any persons regarding an unimplanted human embryo created using |
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assisted reproduction, the court shall resolve the dispute in |
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accordance with the best interests of the embryo. |
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SECTION 2. Section 2.053, Health and Safety Code, as added |
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by this Act, applies only to a cause of action that accrues on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |