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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibition of transporting or funding the |
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transportation of an unemancipated minor for an abortion; providing |
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a civil penalty; 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. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 170B to read as follows: |
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CHAPTER 170B. TRANSPORTING A MINOR FOR AN ABORTION |
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Sec. 170B.001. DEFINITIONS. In this chapter: |
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(1) "Abortion" has the meaning assigned by Section |
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245.002(1). |
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(2) "Unborn child" has the meaning assigned in Section |
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170A.001(5). |
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(3) "Unemancipated minor" includes a minor who: |
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(A) is unmarried; and |
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(B) has not had the disabilities of minority |
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removed under Chapter 31, Family Code. |
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Sec. 170B.002. PROHIBITED TRANSPORTATION. EXCEPTIONS. (a) |
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No person shall knowingly transport or fund the transportation of |
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an unemancipated minor from Texas and into another state or country |
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for the purpose of the minor obtaining an abortion without the |
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written consent of a parent of the unemancipated minor or a person |
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lawfully standing in the position of a parent of the unemancipated |
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minor. |
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(b) The prohibition under subsection (a) does not apply to |
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an abortion performed or induced under the exception described in |
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Section 170A.002(b)-(d), Health and Safety Code. |
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Sec. 170B.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 an unemancipated minor. |
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Sec. 170B.004. CRIMINAL OFFENSE. (a) A person who violates |
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Section 170B.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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the unborn child dies as a result of an abortion that occurred in a |
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state or country that the unemancipated was transported to in |
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violation of Section 170B.002. |
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Sec. 170B.005. CIVIL PENALTY. A person who violates |
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Section 170B.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. 170B.006. CIVIL REMEDIES UNAFFECTED. The fact that |
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conduct is subject to a civil or criminal penalty under this |
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chapter does not abolish or impair any remedy for the conduct that |
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is 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 transports or funds the |
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transportation of an unemancipated minor in violation of Section |
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170B.002. |
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SECTION 2. 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 3. The change in law made by this Act applies only |
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to an abortion performed or induced on or after the effective date |
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of this Act. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |