Texas 2013 - 83rd 1st C.S.

Texas Senate Bill SB5 Compare Versions

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1	1	83S10724 JSC-D
2	2	By: Hegar, et al. S.B. No. 5
3	3	(Laubenberg, Hilderbran)
4	4	Substitute the following for S.B. No. 5: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of abortion procedures, providers, and
10	10	facilities; providing penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. (a) The findings indicate that:
13	13	(1) substantial medical evidence recognizes that an
14	14	unborn child is capable of experiencing pain by not later than 20
15	15	weeks after fertilization;
16	16	(2) the state has a compelling state interest in
17	17	protecting the lives of unborn children from the stage at which
18	18	substantial medical evidence indicates that these children are
19	19	capable of feeling pain;
20	20	(3) the compelling state interest in protecting the
21	21	lives of unborn children from the stage at which substantial
22	22	medical evidence indicates that an unborn child is capable of
23	23	feeling pain is intended to be separate from and independent of the
24	24	compelling state interest in protecting the lives of unborn
25	25	children from the stage of viability, and neither state interest is
26	26	intended to replace the other; and
27	27	(4) restricting elective abortions at or later than 20
28	28	weeks post-fertilization, as provided by this Act, does not impose
29	29	an undue burden or a substantial obstacle on a woman's ability to
30	30	have an abortion because:
31	31	(A) the woman has adequate time to decide whether
32	32	to have an abortion in the first 20 weeks after fertilization; and
33	33	(B) this Act does not apply to abortions that are
34	34	necessary to avert the death or substantial and irreversible
35	35	physical impairment of a major bodily function of the pregnant
36	36	woman.
37	37	(b) The legislature intends that every application of this
38	38	statute to every individual woman shall be severable from each
39	39	other. In the unexpected event that the application of this statute
40	40	is found to impose an impermissible undue burden on any pregnant
41	41	woman or group of pregnant women, the application of the statute to
42	42	those women shall be severed from the remaining applications of the
43	43	statute that do not impose an undue burden, and those remaining
44	44	applications shall remain in force and unaffected, consistent with
45	45	Section 10 of this Act.
46	46	SECTION 2. Subchapter A, Chapter 171, Health and Safety
47	47	Code, is amended by adding Section 171.0031 to read as follows:
48	48	Sec. 171.0031. REQUIREMENTS OF PHYSICIAN; OFFENSE. (a) A
49	49	physician performing or inducing an abortion:
50	50	(1) must, on the date the abortion is performed, have
51	51	active admitting privileges at a hospital that:
52	52	(A) is located not further than 30 miles from the
53	53	location at which the abortion is performed or induced; and
54	54	(B) provides obstetrical or gynecological health
55	55	care services; and
56	56	(2) shall provide the pregnant woman with:
57	57	(A) a telephone number by which the pregnant
58	58	woman may reach the physician, or other health care personnel
59	59	employed by the physician or by the facility at which the abortion
60	60	was performed with access to the woman's relevant medical records,
61	61	24 hours a day to request assistance for any complications that
62	62	arise from the performance of the abortion or ask health-related
63	63	questions regarding the abortion; and
64	64	(B) the name and telephone number of the nearest
65	65	hospital to the home of the pregnant woman at which an emergency
66	66	arising from the abortion would be treated.
67	67	(b) A physician who violates Subsection (a) commits an
68	68	offense. An offense under this section is a Class A misdemeanor
69	69	punishable by a fine only, not to exceed $4,000.
70	70	SECTION 3. Chapter 171, Health and Safety Code, is amended
71	71	by adding Subchapters C and D to read as follows:
72	72	SUBCHAPTER C. ABORTION PROHIBITED AT OR AFTER 20 WEEKS
73	73	POST-FERTILIZATION
74	74	Sec. 171.041. SHORT TITLE. This subchapter may be cited as
75	75	the Preborn Pain Act.
76	76	Sec. 171.042. DEFINITIONS. In this subchapter:
77	77	(1) "Post-fertilization age" means the age of the
78	78	unborn child as calculated from the fusion of a human spermatozoon
79	79	with a human ovum.
80	80	(2) "Severe fetal abnormality" has the meaning
81	81	assigned by Section 285.202.
82	82	Sec. 171.043. DETERMINATION OF POST-FERTILIZATION AGE
83	83	REQUIRED. Except as otherwise provided by Section 171.046, a
84	84	physician may not perform or induce or attempt to perform or induce
85	85	an abortion without, prior to the procedure:
86	86	(1) making a determination of the probable
87	87	post-fertilization age of the unborn child; or
88	88	(2) possessing and relying on a determination of the
89	89	probable post-fertilization age of the unborn child made by another
90	90	physician.
91	91	Sec. 171.044. ABORTION OF UNBORN CHILD OF 20 OR MORE WEEKS
92	92	POST-FERTILIZATION AGE PROHIBITED. Except as otherwise provided by
93	93	Section 171.046, a person may not perform or induce or attempt to
94	94	perform or induce an abortion on a woman if it has been determined,
95	95	by the physician performing, inducing, or attempting to perform or
96	96	induce the abortion or by another physician on whose determination
97	97	that physician relies, that the probable post-fertilization age of
98	98	the unborn child is 20 or more weeks.
99	99	Sec. 171.045. METHOD OF ABORTION. (a) This section
100	100	applies only to an abortion authorized under Section 171.046(a)(1)
101	101	or (2) in which:
102	102	(1) the probable post-fertilization age of the unborn
103	103	child is 20 or more weeks; or
104	104	(2) the probable post-fertilization age of the unborn
105	105	child has not been determined but could reasonably be 20 or more
106	106	weeks.
107	107	(b) Except as otherwise provided by Section 171.046(a)(3),
108	108	a physician performing an abortion under Subsection (a) shall
109	109	terminate the pregnancy in the manner that, in the physician's
110	110	reasonable medical judgment, provides the best opportunity for the
111	111	unborn child to survive.
112	112	Sec. 171.046. EXCEPTIONS. (a) The prohibitions and
113	113	requirements under Sections 171.043, 171.044, and 171.045(b) do not
114	114	apply to an abortion performed if there exists a condition that, in
115	115	the physician's reasonable medical judgment, so complicates the
116	116	medical condition of the woman that, to avert the woman's death or a
117	117	serious risk of substantial and irreversible physical impairment of
118	118	a major bodily function, other than a psychological condition, it
119	119	necessitates, as applicable:
120	120	(1) the immediate abortion of her pregnancy without
121	121	the delay necessary to determine the probable post-fertilization
122	122	age of the unborn child;
123	123	(2) the abortion of her pregnancy even though the
124	124	post-fertilization age of the unborn child is 20 or more weeks; or
125	125	(3) the use of a method of abortion other than a method
126	126	described by Section 171.045(b).
127	127	(b) A physician may not take an action authorized under
128	128	Subsection (a) if the risk of death or a substantial and
129	129	irreversible physical impairment of a major bodily function arises
130	130	from a claim or diagnosis that the woman will engage in conduct that
131	131	may result in her death or in substantial and irreversible physical
132	132	impairment of a major bodily function.
133	133	(c) The prohibitions and requirements under Sections
134	134	171.043, 171.044, and 171.045(b) do not apply to an abortion
135	135	performed on an unborn child who has a severe fetal abnormality.
136	136	Sec. 171.047. PROTECTION OF PRIVACY IN COURT PROCEEDINGS.
137	137	(a) Except as otherwise provided by this section, in a civil or
138	138	criminal proceeding or action involving an act prohibited under
139	139	this subchapter, the identity of the woman on whom an abortion has
140	140	been performed or induced or attempted to be performed or induced is
141	141	not subject to public disclosure if the woman does not give consent
142	142	to disclosure.
143	143	(b) Unless the court makes a ruling under Subsection (c) to
144	144	allow disclosure of the woman's identity, the court shall issue
145	145	orders to the parties, witnesses, and counsel and shall direct the
146	146	sealing of the record and exclusion of individuals from courtrooms
147	147	or hearing rooms to the extent necessary to protect the woman's
148	148	identity from public disclosure.
149	149	(c) A court may order the disclosure of information that is
150	150	confidential under this section if:
151	151	(1) a motion is filed with the court requesting
152	152	release of the information and a hearing on that request;
153	153	(2) notice of the hearing is served on each interested
154	154	party; and
155	155	(3) the court determines after the hearing and an in
156	156	camera review that disclosure is essential to the administration of
157	157	justice and there is no reasonable alternative to disclosure.
158	158	Sec. 171.048. CONSTRUCTION OF SUBCHAPTER. (a) This
159	159	subchapter shall be construed, as a matter of state law, to be
160	160	enforceable up to but no further than the maximum possible extent
161	161	consistent with federal constitutional requirements, even if that
162	162	construction is not readily apparent, as such constructions are
163	163	authorized only to the extent necessary to save the subchapter from
164	164	judicial invalidation. Judicial reformation of statutory language
165	165	is explicitly authorized only to the extent necessary to save the
166	166	statutory provision from invalidity.
167	167	(b) If any court determines that a provision of this
168	168	subchapter is unconstitutionally vague, the court shall interpret
169	169	the provision, as a matter of state law, to avoid the vagueness
170	170	problem and shall enforce the provision to the maximum possible
171	171	extent. If a federal court finds any provision of this subchapter
172	172	or its application to any person, group of persons, or
173	173	circumstances to be unconstitutionally vague and declines to impose
174	174	the saving construction described by this subsection, the Supreme
175	175	Court of Texas shall provide an authoritative construction of the
176	176	objectionable statutory provisions that avoids the constitutional
177	177	problems while enforcing the statute's restrictions to the maximum
178	178	possible extent, and shall agree to answer any question certified
179	179	from a federal appellate court regarding the statute.
180	180	(c) A state executive or administrative official may not
181	181	decline to enforce this subchapter, or adopt a construction of this
182	182	subchapter in a way that narrows its applicability, based on the
183	183	official's own beliefs about what the state or federal constitution
184	184	requires, unless the official is enjoined by a state or federal
185	185	court from enforcing this subchapter.
186	186	(d) This subchapter may not be construed to authorize the
187	187	prosecution of or a cause of action to be brought against a woman on
188	188	whom an abortion is performed or induced or attempted to be
189	189	performed or induced in violation of this subchapter.
190	190	SUBCHAPTER D. ABORTION-INDUCING DRUGS
191	191	Sec. 171.061. DEFINITIONS. In this subchapter:
192	192	(1) "Abortion" means the act of using, administering,
193	193	prescribing, or otherwise providing an instrument, a drug, a
194	194	medicine, or any other substance, device, or means with the intent
195	195	to terminate a clinically diagnosable pregnancy of a woman and with
196	196	knowledge that the termination by those means will, with reasonable
197	197	likelihood, cause the death of the woman's unborn child. An act is
198	198	not an abortion if the act is done with the intent to:
199	199	(A) save the life or preserve the health of an
200	200	unborn child;
201	201	(B) remove a dead, unborn child whose death was
202	202	caused by spontaneous abortion;
203	203	(C) remove an ectopic pregnancy; or
204	204	(D) treat a maternal disease or illness for which
205	205	a prescribed drug, medicine, or other substance is indicated.
206	206	(2) "Abortion-inducing drug" means a drug, a medicine,
207	207	or any other substance, including a regimen of two or more drugs,
208	208	medicines, or substances, prescribed, dispensed, or administered
209	209	with the intent of terminating a clinically diagnosable pregnancy
210	210	of a woman and with knowledge that the termination will, with
211	211	reasonable likelihood, cause the death of the woman's unborn child.
212	212	The term includes off-label use of drugs, medicines, or other
213	213	substances known to have abortion-inducing properties that are
214	214	prescribed, dispensed, or administered with the intent of causing
215	215	an abortion, including the Mifeprex regimen. The term does not
216	216	include a drug, medicine, or other substance that may be known to
217	217	cause an abortion but is prescribed, dispensed, or administered for
218	218	other medical reasons.
219	219	(3) "Final printed label" or "FPL" means the
220	220	informational document approved by the United States Food and Drug
221	221	Administration for an abortion-inducing drug that:
222	222	(A) outlines the protocol authorized by that
223	223	agency and agreed to by the drug company applying for authorization
224	224	of the drug by that agency; and
225	225	(B) delineates how a drug is to be used according
226	226	to approval by that agency.
227	227	(4) "Gestational age" means the amount of time that
228	228	has elapsed since the first day of a woman's last menstrual period.
229	229	(5) "Medical abortion" means the administration or use
230	230	of an abortion-inducing drug to induce an abortion.
231	231	(6) "Mifeprex regimen," "RU-486 regimen," or "RU-486"
232	232	means the abortion-inducing drug regimen approved by the United
233	233	States Food and Drug Administration that consists of administering
234	234	mifepristone and misoprostol.
235	235	(7) "Physician" means an individual who is licensed to
236	236	practice medicine in this state, including a medical doctor and a
237	237	doctor of osteopathic medicine.
238	238	(8) "Pregnant" means the female reproductive
239	239	condition of having an unborn child in a woman's uterus.
240	240	(9) "Unborn child" means an offspring of human beings
241	241	from conception until birth.
242	242	Sec. 171.062. ENFORCEMENT BY TEXAS MEDICAL BOARD.
243	243	Notwithstanding Section 171.005, the Texas Medical Board shall
244	244	enforce this subchapter.
245	245	Sec. 171.063. DISTRIBUTION OF ABORTION-INDUCING DRUG.
246	246	(a) A person may not knowingly give, sell, dispense, administer,
247	247	provide, or prescribe an abortion-inducing drug to a pregnant woman
248	248	for the purpose of inducing an abortion in the pregnant woman or
249	249	enabling another person to induce an abortion in the pregnant woman
250	250	unless:
251	251	(1) the person who gives, sells, dispenses,
252	252	administers, provides, or prescribes the abortion-inducing drug is
253	253	a physician; and
254	254	(2) except as otherwise provided by Subsection (a-1),
255	255	the provision, prescription, or administration of the
256	256	abortion-inducing drug satisfies the protocol tested and
257	257	authorized by the United States Food and Drug Administration as
258	258	outlined in the final printed label of the abortion-inducing drug.
259	259	(a-1) A person may provide, prescribe, or administer the
260	260	abortion-inducing drug in the dosage amount prescribed by the
261	261	clinical management guidelines defined by the American Congress of
262	262	Obstetricians and Gynecologists Practice Bulletin as those
263	263	guidelines existed on January 1, 2013.
264	264	(b) Before the physician gives, sells, dispenses,
265	265	administers, provides, or prescribes an abortion-inducing drug,
266	266	the physician must examine the pregnant woman and document, in the
267	267	woman's medical record, the gestational age and intrauterine
268	268	location of the pregnancy.
269	269	(c) The physician who gives, sells, dispenses, administers,
270	270	provides, or prescribes an abortion-inducing drug shall provide the
271	271	pregnant woman with:
272	272	(1) a copy of the final printed label of that
273	273	abortion-inducing drug; and
274	274	(2) a telephone number by which the pregnant woman may
275	275	reach the physician, or other health care personnel employed by the
276	276	physician or by the facility at which the abortion was performed
277	277	with access to the woman's relevant medical records, 24 hours a day
278	278	to request assistance for any complications that arise from the
279	279	administration or use of the drug or ask health-related questions
280	280	regarding the administration or use of the drug.
281	281	(d) The physician who gives, sells, dispenses, administers,
282	282	provides, or prescribes the abortion-inducing drug, or the
283	283	physician's agent, must schedule a follow-up visit for the woman to
284	284	occur not more than 14 days after the administration or use of the
285	285	drug. At the follow-up visit, the physician must:
286	286	(1) confirm that the pregnancy is completely
287	287	terminated; and
288	288	(2) assess the degree of bleeding.
289	289	(e) The physician who gives, sells, dispenses, administers,
290	290	provides, or prescribes the abortion-inducing drug, or the
291	291	physician's agent, shall make a reasonable effort to ensure that
292	292	the woman returns for the scheduled follow-up visit under
293	293	Subsection (d). The physician or the physician's agent shall
294	294	document a brief description of any effort made to comply with this
295	295	subsection, including the date, time, and name of the person making
296	296	the effort, in the woman's medical record.
297	297	(f) If a physician gives, sells, dispenses, administers,
298	298	provides, or prescribes an abortion-inducing drug to a pregnant
299	299	woman for the purpose of inducing an abortion as authorized by this
300	300	section and the physician knows that the woman experiences a
301	301	serious adverse event, as defined by the MedWatch Reporting System,
302	302	during or after the administration or use of the drug, the physician
303	303	shall report the event to the United States Food and Drug
304	304	Administration through the MedWatch Reporting System not later than
305	305	the third day after the date the physician learns that the event
306	306	occurred.
307	307	Sec. 171.064. ADMINISTRATIVE PENALTY. (a) The Texas
308	308	Medical Board may take disciplinary action under Chapter 164,
309	309	Occupations Code, or assess an administrative penalty under
310	310	Subchapter A, Chapter 165, Occupations Code, against a person who
311	311	violates Section 171.063.
312	312	(b) A penalty may not be assessed under this section against
313	313	a pregnant woman who receives a medical abortion.
314	314	SECTION 4. Section 245.010(a), Health and Safety Code, is
315	315	amended to read as follows:
316	316	(a) The rules must contain minimum standards to protect the
317	317	health and safety of a patient of an abortion facility and must
318	318	contain provisions requiring compliance with the requirements of
319	319	Subchapter B, Chapter 171. On and after September 1, 2014, the
320	320	minimum standards for an abortion facility must be equivalent to
321	321	the minimum standards adopted under Section 243.010 for ambulatory
322	322	surgical centers.
323	323	SECTION 5. Section 245.011(c), Health and Safety Code, is
324	324	amended to read as follows:
325	325	(c) The report must include:
326	326	(1) whether the abortion facility at which the
327	327	abortion is performed is licensed under this chapter;
328	328	(2) the patient's year of birth, race, marital status,
329	329	and state and county of residence;
330	330	(3) the type of abortion procedure;
331	331	(4) the date the abortion was performed;
332	332	(5) whether the patient survived the abortion, and if
333	333	the patient did not survive, the cause of death;
334	334	(6) the probable post-fertilization age of the unborn
335	335	child [period of gestation] based on the best medical judgment of
336	336	the attending physician at the time of the procedure;
337	337	(7) the date, if known, of the patient's last menstrual
338	338	cycle;
339	339	(8) the number of previous live births of the patient;
340	340	and
341	341	(9) the number of previous induced abortions of the
342	342	patient.
343	343	SECTION 6. Section 164.052(a), Occupations Code, is amended
344	344	to read as follows:
345	345	(a) A physician or an applicant for a license to practice
346	346	medicine commits a prohibited practice if that person:
347	347	(1) submits to the board a false or misleading
348	348	statement, document, or certificate in an application for a
349	349	license;
350	350	(2) presents to the board a license, certificate, or
351	351	diploma that was illegally or fraudulently obtained;
352	352	(3) commits fraud or deception in taking or passing an
353	353	examination;
354	354	(4) uses alcohol or drugs in an intemperate manner
355	355	that, in the board's opinion, could endanger a patient's life;
356	356	(5) commits unprofessional or dishonorable conduct
357	357	that is likely to deceive or defraud the public, as provided by
358	358	Section 164.053, or injure the public;
359	359	(6) uses an advertising statement that is false,
360	360	misleading, or deceptive;
361	361	(7) advertises professional superiority or the
362	362	performance of professional service in a superior manner if that
363	363	advertising is not readily subject to verification;
364	364	(8) purchases, sells, barters, or uses, or offers to
365	365	purchase, sell, barter, or use, a medical degree, license,
366	366	certificate, or diploma, or a transcript of a license, certificate,
367	367	or diploma in or incident to an application to the board for a
368	368	license to practice medicine;
369	369	(9) alters, with fraudulent intent, a medical license,
370	370	certificate, or diploma, or a transcript of a medical license,
371	371	certificate, or diploma;
372	372	(10) uses a medical license, certificate, or diploma,
373	373	or a transcript of a medical license, certificate, or diploma that
374	374	has been:
375	375	(A) fraudulently purchased or issued;
376	376	(B) counterfeited; or
377	377	(C) materially altered;
378	378	(11) impersonates or acts as proxy for another person
379	379	in an examination required by this subtitle for a medical license;
380	380	(12) engages in conduct that subverts or attempts to
381	381	subvert an examination process required by this subtitle for a
382	382	medical license;
383	383	(13) impersonates a physician or permits another to
384	384	use the person's license or certificate to practice medicine in
385	385	this state;
386	386	(14) directly or indirectly employs a person whose
387	387	license to practice medicine has been suspended, canceled, or
388	388	revoked;
389	389	(15) associates in the practice of medicine with a
390	390	person:
391	391	(A) whose license to practice medicine has been
392	392	suspended, canceled, or revoked; or
393	393	(B) who has been convicted of the unlawful
394	394	practice of medicine in this state or elsewhere;
395	395	(16) performs or procures a criminal abortion, aids or
396	396	abets in the procuring of a criminal abortion, attempts to perform
397	397	or procure a criminal abortion, or attempts to aid or abet the
398	398	performance or procurement of a criminal abortion;
399	399	(17) directly or indirectly aids or abets the practice
400	400	of medicine by a person, partnership, association, or corporation
401	401	that is not licensed to practice medicine by the board;
402	402	(18) performs an abortion on a woman who is pregnant
403	403	with a viable unborn child during the third trimester of the
404	404	pregnancy unless:
405	405	(A) the abortion is necessary to prevent the
406	406	death of the woman;
407	407	(B) the viable unborn child has a severe,
408	408	irreversible brain impairment; or
409	409	(C) the woman is diagnosed with a significant
410	410	likelihood of suffering imminent severe, irreversible brain damage
411	411	or imminent severe, irreversible paralysis; [or]
412	412	(19) performs an abortion on an unemancipated minor
413	413	without the written consent of the child's parent, managing
414	414	conservator, or legal guardian or without a court order, as
415	415	provided by Section 33.003 or 33.004, Family Code, authorizing the
416	416	minor to consent to the abortion, unless the physician concludes
417	417	that on the basis of the physician's good faith clinical judgment, a
418	418	condition exists that complicates the medical condition of the
419	419	pregnant minor and necessitates the immediate abortion of her
420	420	pregnancy to avert her death or to avoid a serious risk of
421	421	substantial impairment of a major bodily function and that there is
422	422	insufficient time to obtain the consent of the child's parent,
423	423	managing conservator, or legal guardian; or
424	424	(20) performs or induces or attempts to perform or
425	425	induce an abortion in violation of Subchapter C, Chapter 171,
426	426	Health and Safety Code.
427	427	SECTION 7. Section 164.055(b), Occupations Code, is amended
428	428	to read as follows:
429	429	(b) The sanctions provided by Subsection (a) are in addition
430	430	to any other grounds for refusal to admit persons to examination
431	431	under this subtitle or to issue a license or renew a license to
432	432	practice medicine under this subtitle. The criminal penalties
433	433	provided by Section 165.152 do not apply to a violation of Section
434	434	170.002 or Subchapter C, Chapter 171, Health and Safety Code.
435	435	SECTION 8. Effective September 1, 2014, Section 245.010(c),
436	436	Health and Safety Code, is repealed.
437	437	SECTION 9. This Act may not be construed to repeal, by
438	438	implication or otherwise, Section 164.052(a)(18), Occupations
439	439	Code, Section 170.002, Health and Safety Code, or any other
440	440	provision of Texas law regulating or restricting abortion not
441	441	specifically addressed by this Act. An abortion that complies with
442	442	this Act but violates any other law is unlawful. An abortion that
443	443	complies with another state law but violates this Act is unlawful as
444	444	provided in this Act.
445	445	SECTION 10. (a) If some or all of the provisions of this
446	446	Act are ever temporarily or permanently restrained or enjoined by
447	447	judicial order, all other provisions of Texas law regulating or
448	448	restricting abortion shall be enforced as though the restrained or
449	449	enjoined provisions had not been adopted; provided, however, that
450	450	whenever the temporary or permanent restraining order or injunction
451	451	is stayed or dissolved, or otherwise ceases to have effect, the
452	452	provisions shall have full force and effect.
453	453	(b) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in
454	454	which in the context of determining the severability of a state
455	455	statute regulating abortion the United States Supreme Court held
456	456	that an explicit statement of legislative intent is controlling, it
457	457	is the intent of the legislature that every provision, section,
458	458	subsection, sentence, clause, phrase, or word in this Act, and
459	459	every application of the provisions in this Act, are severable from
460	460	each other. If any application of any provision in this Act to any
461	461	person, group of persons, or circumstances is found by a court to be
462	462	invalid, the remaining applications of that provision to all other
463	463	persons and circumstances shall be severed and may not be affected.
464	464	All constitutionally valid applications of this Act shall be
465	465	severed from any applications that a court finds to be invalid,
466	466	leaving the valid applications in force, because it is the
467	467	legislature's intent and priority that the valid applications be
468	468	allowed to stand alone. Even if a reviewing court finds a provision
469	469	of this Act to impose an undue burden in a large or substantial
470	470	fraction of relevant cases, the applications that do not present an
471	471	undue burden shall be severed from the remaining provisions and
472	472	shall remain in force, and shall be treated as if the legislature
473	473	had enacted a statute limited to the persons, group of persons, or
474	474	circumstances for which the statute's application does not present
475	475	an undue burden. The legislature further declares that it would
476	476	have passed this Act, and each provision, section, subsection,
477	477	sentence, clause, phrase, or word, and all constitutional
478	478	applications of this Act, irrespective of the fact that any
479	479	provision, section, subsection, sentence, clause, phrase, or word,
480	480	or applications of this Act, were to be declared unconstitutional
481	481	or to represent an undue burden.
482	482	(c) If Subchapter C, Chapter 171, Health and Safety Code, as
483	483	added by this Act, prohibiting abortions performed on an unborn
484	484	child 20 or more weeks after fertilization is found by any court to
485	485	be invalid or to impose an undue burden as applied to any person,
486	486	group of persons, or circumstances, the prohibition shall apply to
487	487	that person or group of persons or circumstances on the earliest
488	488	date on which the subchapter can be constitutionally applied.
489	489	(d) If any provision of this Act is found by any court to be
490	490	unconstitutionally vague, then the applications of that provision
491	491	that do not present constitutional vagueness problems shall be
492	492	severed and remain in force.
493	493	SECTION 11. (a) The executive commissioner of the Health
494	494	and Human Services Commission shall adopt the standards required by
495	495	Section 245.010, Health and Safety Code, as amended by this Act, not
496	496	later than January 1, 2014.
497	497	(b) A facility licensed under Chapter 245, Health and Safety
498	498	Code, is not required to comply with the standards adopted under
499	499	Section 245.010, Health and Safety Code, as amended by this Act,
500	500	before September 1, 2014.
501	501	SECTION 12. This Act takes effect immediately if it
502	502	receives a vote of two-thirds of all the members elected to each
503	503	house, as provided by Section 39, Article III, Texas Constitution.
504	504	If this Act does not receive the vote necessary for immediate
505	505	effect, this Act takes effect on the 91st day after the last day of
506	506	the legislative session.