83S20040 AED-D
By: Fletcher H.B. No. 17
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting abortion that is based on the sex of the
unborn child; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 170, Health and Safety Code, is amended
by adding Sections 170.003 and 170.004 to read as follows:
Sec. 170.003. SEX-SELECTIVE ABORTION. (a) A person may
not:
(1) knowingly perform or attempt to perform on a
pregnant woman an abortion that is based on the sex of the pregnant
woman's unborn child; or
(2) use force or the threat of force to intentionally
injure or intimidate a person in order to coerce the performance or
attempted performance of an abortion that is based on the sex of the
pregnant woman's unborn child.
(b) A person other than a physician who violates this
section commits an offense. An offense under this section is a
Class B misdemeanor.
(c) A physician who violates Subsection (a)(1) engages in
unprofessional conduct for which the physician's license may be
suspended or revoked under Chapter 164, Occupations Code.
(d) A physician who violates Subsection (a)(2) commits an
offense. An offense under this subsection is a misdemeanor
punishable by a fine not to exceed $10,000.
(e) A woman on whom an abortion is performed or attempted in
violation of this section may not be prosecuted under this section
or for conspiracy to commit a violation of this section.
Sec. 170.004. CIVIL REMEDIES. (a) A civil action may be
brought against a person who violates Section 170.003 by:
(1) the woman on whom an abortion was performed or
attempted in violation of Section 170.003;
(2) the father of the unborn child of the woman on whom
the abortion was performed or attempted in violation of Section
170.003, unless the pregnancy resulted from the father's criminal
conduct; or
(3) a maternal grandparent of an unborn child if the
woman on whom the abortion was performed or attempted in violation
of Section 170.003 was less than 18 years of age at the time of the
violation, unless the pregnancy resulted from the maternal
grandparent's criminal conduct.
(b) A person who brings an action under this section may
obtain:
(1) injunctive relief;
(2) damages incurred by the person, including:
(A) actual damages for all psychological,
emotional, and physical injuries resulting from the violation of
Section 170.003;
(B) court costs; and
(C) reasonable attorney's fees; or
(3) both injunctive relief and damages.
(c) An action for damages or injunctive relief under this
section must be filed:
(1) in a district court in the county in which the
woman on whom an abortion was performed or attempted in violation of
Section 170.003 resides; and
(2) not later than the sixth anniversary of the date
the abortion was performed or attempted in violation of Section
170.003.
(d) The damages and injunctive relief authorized by this
section are in addition to any other remedy available by law.
SECTION 2. The change in law made by this Act applies only
to an abortion performed or attempted on or after the effective date
of this Act. An abortion performed or attempted before the
effective date of this Act is governed by the law in effect at the
time the abortion was performed or attempted, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.