81R12874 JSC-D By: Christian H.B. No. 3152 A BILL TO BE ENTITLED AN ACT relating to prohibiting the performance of an abortion on a woman who is not known to be pregnant; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 170.002, Health and Safety Code, is amended by adding Subsection (d) to read as follows: (d) A physician commits an offense if the physician intentionally uses an instrument, medicine, drug, or other substance or device developed to terminate the pregnancy of a woman on a woman who is not known to be pregnant, unless the physician is using the instrument, medicine, drug, or other substance or device for a legitimate medical purpose other than the termination of a pregnancy. An offense under this subsection is a Class A misdemeanor. SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 3. This Act takes effect September 1, 2009.