Texas 2013 - 83rd 2nd C.S.

Texas House Bill HB2 Compare Versions

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1	1	By: Laubenberg, et al. (Senate Sponsor - Hegar) H.B. No. 2
2	2	(In the Senate - Received from the House July 10, 2013;
3	3	July 10, 2013, read first time and referred to Committee on Health
4	4	and Human Services; July 11, 2013, reported favorably by the
5	5	following vote: Yeas 6, Nays 3; July 11, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the regulation of abortion procedures, providers, and
11	11	facilities; providing penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. (a) The findings indicate that:
14	14	(1) substantial medical evidence recognizes that an
15	15	unborn child is capable of experiencing pain by not later than 20
16	16	weeks after fertilization;
17	17	(2) the state has a compelling state interest in
18	18	protecting the lives of unborn children from the stage at which
19	19	substantial medical evidence indicates that these children are
20	20	capable of feeling pain;
21	21	(3) the compelling state interest in protecting the
22	22	lives of unborn children from the stage at which substantial
23	23	medical evidence indicates that an unborn child is capable of
24	24	feeling pain is intended to be separate from and independent of the
25	25	compelling state interest in protecting the lives of unborn
26	26	children from the stage of viability, and neither state interest is
27	27	intended to replace the other; and
28	28	(4) restricting elective abortions at or later than 20
29	29	weeks post-fertilization, as provided by this Act, does not impose
30	30	an undue burden or a substantial obstacle on a woman's ability to
31	31	have an abortion because:
32	32	(A) the woman has adequate time to decide whether
33	33	to have an abortion in the first 20 weeks after fertilization; and
34	34	(B) this Act does not apply to abortions that are
35	35	necessary to avert the death or substantial and irreversible
36	36	physical impairment of a major bodily function of the pregnant
37	37	woman or abortions that are performed on unborn children with
38	38	severe fetal abnormalities.
39	39	(b) The legislature intends that every application of this
40	40	statute to every individual woman shall be severable from each
41	41	other. In the unexpected event that the application of this statute
42	42	is found to impose an impermissible undue burden on any pregnant
43	43	woman or group of pregnant women, the application of the statute to
44	44	those women shall be severed from the remaining applications of the
45	45	statute that do not impose an undue burden, and those remaining
46	46	applications shall remain in force and unaffected, consistent with
47	47	Section 10 of this Act.
48	48	SECTION 2. Subchapter A, Chapter 171, Health and Safety
49	49	Code, is amended by adding Section 171.0031 to read as follows:
50	50	Sec. 171.0031. REQUIREMENTS OF PHYSICIAN; OFFENSE. (a) A
51	51	physician performing or inducing an abortion:
52	52	(1) must, on the date the abortion is performed or
53	53	induced, have active admitting privileges at a hospital that:
54	54	(A) is located not further than 30 miles from the
55	55	location at which the abortion is performed or induced; and
56	56	(B) provides obstetrical or gynecological health
57	57	care services; and
58	58	(2) shall provide the pregnant woman with:
59	59	(A) a telephone number by which the pregnant
60	60	woman may reach the physician, or other health care personnel
61	61	employed by the physician or by the facility at which the abortion
62	62	was performed or induced with access to the woman's relevant
63	63	medical records, 24 hours a day to request assistance for any
64	64	complications that arise from the performance or induction of the
65	65	abortion or ask health-related questions regarding the abortion;
66	66	and
67	67	(B) the name and telephone number of the nearest
68	68	hospital to the home of the pregnant woman at which an emergency
69	69	arising from the abortion would be treated.
70	70	(b) A physician who violates Subsection (a) commits an
71	71	offense. An offense under this section is a Class A misdemeanor
72	72	punishable by a fine only, not to exceed $4,000.
73	73	SECTION 3. Chapter 171, Health and Safety Code, is amended
74	74	by adding Subchapters C and D to read as follows:
75	75	SUBCHAPTER C. ABORTION PROHIBITED AT OR AFTER 20 WEEKS
76	76	POST-FERTILIZATION
77	77	Sec. 171.041. SHORT TITLE. This subchapter may be cited as
78	78	the Preborn Pain Act.
79	79	Sec. 171.042. DEFINITIONS. In this subchapter:
80	80	(1) "Post-fertilization age" means the age of the
81	81	unborn child as calculated from the fusion of a human spermatozoon
82	82	with a human ovum.
83	83	(2) "Severe fetal abnormality" has the meaning
84	84	assigned by Section 285.202.
85	85	Sec. 171.043. DETERMINATION OF POST-FERTILIZATION AGE
86	86	REQUIRED. Except as otherwise provided by Section 171.046, a
87	87	physician may not perform or induce or attempt to perform or induce
88	88	an abortion without, prior to the procedure:
89	89	(1) making a determination of the probable
90	90	post-fertilization age of the unborn child; or
91	91	(2) possessing and relying on a determination of the
92	92	probable post-fertilization age of the unborn child made by another
93	93	physician.
94	94	Sec. 171.044. ABORTION OF UNBORN CHILD OF 20 OR MORE WEEKS
95	95	POST-FERTILIZATION AGE PROHIBITED. Except as otherwise provided by
96	96	Section 171.046, a person may not perform or induce or attempt to
97	97	perform or induce an abortion on a woman if it has been determined,
98	98	by the physician performing, inducing, or attempting to perform or
99	99	induce the abortion or by another physician on whose determination
100	100	that physician relies, that the probable post-fertilization age of
101	101	the unborn child is 20 or more weeks.
102	102	Sec. 171.045. METHOD OF ABORTION. (a) This section
103	103	applies only to an abortion authorized under Section 171.046(a)(1)
104	104	or (2) in which:
105	105	(1) the probable post-fertilization age of the unborn
106	106	child is 20 or more weeks; or
107	107	(2) the probable post-fertilization age of the unborn
108	108	child has not been determined but could reasonably be 20 or more
109	109	weeks.
110	110	(b) Except as otherwise provided by Section 171.046(a)(3),
111	111	a physician performing an abortion under Subsection (a) shall
112	112	terminate the pregnancy in the manner that, in the physician's
113	113	reasonable medical judgment, provides the best opportunity for the
114	114	unborn child to survive.
115	115	Sec. 171.046. EXCEPTIONS. (a) The prohibitions and
116	116	requirements under Sections 171.043, 171.044, and 171.045(b) do not
117	117	apply to an abortion performed if there exists a condition that, in
118	118	the physician's reasonable medical judgment, so complicates the
119	119	medical condition of the woman that, to avert the woman's death or a
120	120	serious risk of substantial and irreversible physical impairment of
121	121	a major bodily function, other than a psychological condition, it
122	122	necessitates, as applicable:
123	123	(1) the immediate abortion of her pregnancy without
124	124	the delay necessary to determine the probable post-fertilization
125	125	age of the unborn child;
126	126	(2) the abortion of her pregnancy even though the
127	127	post-fertilization age of the unborn child is 20 or more weeks; or
128	128	(3) the use of a method of abortion other than a method
129	129	described by Section 171.045(b).
130	130	(b) A physician may not take an action authorized under
131	131	Subsection (a) if the risk of death or a substantial and
132	132	irreversible physical impairment of a major bodily function arises
133	133	from a claim or diagnosis that the woman will engage in conduct that
134	134	may result in her death or in substantial and irreversible physical
135	135	impairment of a major bodily function.
136	136	(c) The prohibitions and requirements under Sections
137	137	171.043, 171.044, and 171.045(b) do not apply to an abortion
138	138	performed on an unborn child who has a severe fetal abnormality.
139	139	Sec. 171.047. PROTECTION OF PRIVACY IN COURT PROCEEDINGS.
140	140	(a) Except as otherwise provided by this section, in a civil or
141	141	criminal proceeding or action involving an act prohibited under
142	142	this subchapter, the identity of the woman on whom an abortion has
143	143	been performed or induced or attempted to be performed or induced is
144	144	not subject to public disclosure if the woman does not give consent
145	145	to disclosure.
146	146	(b) Unless the court makes a ruling under Subsection (c) to
147	147	allow disclosure of the woman's identity, the court shall issue
148	148	orders to the parties, witnesses, and counsel and shall direct the
149	149	sealing of the record and exclusion of individuals from courtrooms
150	150	or hearing rooms to the extent necessary to protect the woman's
151	151	identity from public disclosure.
152	152	(c) A court may order the disclosure of information that is
153	153	confidential under this section if:
154	154	(1) a motion is filed with the court requesting
155	155	release of the information and a hearing on that request;
156	156	(2) notice of the hearing is served on each interested
157	157	party; and
158	158	(3) the court determines after the hearing and an in
159	159	camera review that disclosure is essential to the administration of
160	160	justice and there is no reasonable alternative to disclosure.
161	161	Sec. 171.048. CONSTRUCTION OF SUBCHAPTER. (a) This
162	162	subchapter shall be construed, as a matter of state law, to be
163	163	enforceable up to but no further than the maximum possible extent
164	164	consistent with federal constitutional requirements, even if that
165	165	construction is not readily apparent, as such constructions are
166	166	authorized only to the extent necessary to save the subchapter from
167	167	judicial invalidation. Judicial reformation of statutory language
168	168	is explicitly authorized only to the extent necessary to save the
169	169	statutory provision from invalidity.
170	170	(b) If any court determines that a provision of this
171	171	subchapter is unconstitutionally vague, the court shall interpret
172	172	the provision, as a matter of state law, to avoid the vagueness
173	173	problem and shall enforce the provision to the maximum possible
174	174	extent. If a federal court finds any provision of this subchapter
175	175	or its application to any person, group of persons, or
176	176	circumstances to be unconstitutionally vague and declines to impose
177	177	the saving construction described by this subsection, the Supreme
178	178	Court of Texas shall provide an authoritative construction of the
179	179	objectionable statutory provisions that avoids the constitutional
180	180	problems while enforcing the statute's restrictions to the maximum
181	181	possible extent, and shall agree to answer any question certified
182	182	from a federal appellate court regarding the statute.
183	183	(c) A state executive or administrative official may not
184	184	decline to enforce this subchapter, or adopt a construction of this
185	185	subchapter in a way that narrows its applicability, based on the
186	186	official's own beliefs about what the state or federal constitution
187	187	requires, unless the official is enjoined by a state or federal
188	188	court from enforcing this subchapter.
189	189	(d) This subchapter may not be construed to authorize the
190	190	prosecution of or a cause of action to be brought against a woman on
191	191	whom an abortion is performed or induced or attempted to be
192	192	performed or induced in violation of this subchapter.
193	193	SUBCHAPTER D. ABORTION-INDUCING DRUGS
194	194	Sec. 171.061. DEFINITIONS. In this subchapter:
195	195	(1) "Abortion" means the act of using, administering,
196	196	prescribing, or otherwise providing an instrument, a drug, a
197	197	medicine, or any other substance, device, or means with the intent
198	198	to terminate a clinically diagnosable pregnancy of a woman and with
199	199	knowledge that the termination by those means will, with reasonable
200	200	likelihood, cause the death of the woman's unborn child. An act is
201	201	not an abortion if the act is done with the intent to:
202	202	(A) save the life or preserve the health of an
203	203	unborn child;
204	204	(B) remove a dead, unborn child whose death was
205	205	caused by spontaneous abortion;
206	206	(C) remove an ectopic pregnancy; or
207	207	(D) treat a maternal disease or illness for which
208	208	a prescribed drug, medicine, or other substance is indicated.
209	209	(2) "Abortion-inducing drug" means a drug, a medicine,
210	210	or any other substance, including a regimen of two or more drugs,
211	211	medicines, or substances, prescribed, dispensed, or administered
212	212	with the intent of terminating a clinically diagnosable pregnancy
213	213	of a woman and with knowledge that the termination will, with
214	214	reasonable likelihood, cause the death of the woman's unborn child.
215	215	The term includes off-label use of drugs, medicines, or other
216	216	substances known to have abortion-inducing properties that are
217	217	prescribed, dispensed, or administered with the intent of causing
218	218	an abortion, including the Mifeprex regimen. The term does not
219	219	include a drug, medicine, or other substance that may be known to
220	220	cause an abortion but is prescribed, dispensed, or administered for
221	221	other medical reasons.
222	222	(3) "Final printed label" or "FPL" means the
223	223	informational document approved by the United States Food and Drug
224	224	Administration for an abortion-inducing drug that:
225	225	(A) outlines the protocol authorized by that
226	226	agency and agreed to by the drug company applying for authorization
227	227	of the drug by that agency; and
228	228	(B) delineates how a drug is to be used according
229	229	to approval by that agency.
230	230	(4) "Gestational age" means the amount of time that
231	231	has elapsed since the first day of a woman's last menstrual period.
232	232	(5) "Medical abortion" means the administration or use
233	233	of an abortion-inducing drug to induce an abortion.
234	234	(6) "Mifeprex regimen," "RU-486 regimen," or "RU-486"
235	235	means the abortion-inducing drug regimen approved by the United
236	236	States Food and Drug Administration that consists of administering
237	237	mifepristone and misoprostol.
238	238	(7) "Physician" means an individual who is licensed to
239	239	practice medicine in this state, including a medical doctor and a
240	240	doctor of osteopathic medicine.
241	241	(8) "Pregnant" means the female reproductive
242	242	condition of having an unborn child in a woman's uterus.
243	243	(9) "Unborn child" means an offspring of human beings
244	244	from conception until birth.
245	245	Sec. 171.062. ENFORCEMENT BY TEXAS MEDICAL BOARD.
246	246	Notwithstanding Section 171.005, the Texas Medical Board shall
247	247	enforce this subchapter.
248	248	Sec. 171.063. DISTRIBUTION OF ABORTION-INDUCING DRUG.
249	249	(a) A person may not knowingly give, sell, dispense, administer,
250	250	provide, or prescribe an abortion-inducing drug to a pregnant woman
251	251	for the purpose of inducing an abortion in the pregnant woman or
252	252	enabling another person to induce an abortion in the pregnant woman
253	253	unless:
254	254	(1) the person who gives, sells, dispenses,
255	255	administers, provides, or prescribes the abortion-inducing drug is
256	256	a physician; and
257	257	(2) except as otherwise provided by Subsection (b),
258	258	the provision, prescription, or administration of the
259	259	abortion-inducing drug satisfies the protocol tested and
260	260	authorized by the United States Food and Drug Administration as
261	261	outlined in the final printed label of the abortion-inducing drug.
262	262	(b) A person may provide, prescribe, or administer the
263	263	abortion-inducing drug in the dosage amount prescribed by the
264	264	clinical management guidelines defined by the American Congress of
265	265	Obstetricians and Gynecologists Practice Bulletin as those
266	266	guidelines existed on January 1, 2013.
267	267	(c) Before the physician gives, sells, dispenses,
268	268	administers, provides, or prescribes an abortion-inducing drug,
269	269	the physician must examine the pregnant woman and document, in the
270	270	woman's medical record, the gestational age and intrauterine
271	271	location of the pregnancy.
272	272	(d) The physician who gives, sells, dispenses, administers,
273	273	provides, or prescribes an abortion-inducing drug shall provide the
274	274	pregnant woman with:
275	275	(1) a copy of the final printed label of that
276	276	abortion-inducing drug; and
277	277	(2) a telephone number by which the pregnant woman may
278	278	reach the physician, or other health care personnel employed by the
279	279	physician or by the facility at which the abortion was performed
280	280	with access to the woman's relevant medical records, 24 hours a day
281	281	to request assistance for any complications that arise from the
282	282	administration or use of the drug or ask health-related questions
283	283	regarding the administration or use of the drug.
284	284	(e) The physician who gives, sells, dispenses, administers,
285	285	provides, or prescribes the abortion-inducing drug, or the
286	286	physician's agent, must schedule a follow-up visit for the woman to
287	287	occur not more than 14 days after the administration or use of the
288	288	drug. At the follow-up visit, the physician must:
289	289	(1) confirm that the pregnancy is completely
290	290	terminated; and
291	291	(2) assess the degree of bleeding.
292	292	(f) The physician who gives, sells, dispenses, administers,
293	293	provides, or prescribes the abortion-inducing drug, or the
294	294	physician's agent, shall make a reasonable effort to ensure that
295	295	the woman returns for the scheduled follow-up visit under
296	296	Subsection (e). The physician or the physician's agent shall
297	297	document a brief description of any effort made to comply with this
298	298	subsection, including the date, time, and name of the person making
299	299	the effort, in the woman's medical record.
300	300	(g) If a physician gives, sells, dispenses, administers,
301	301	provides, or prescribes an abortion-inducing drug to a pregnant
302	302	woman for the purpose of inducing an abortion as authorized by this
303	303	section and the physician knows that the woman experiences a
304	304	serious adverse event, as defined by the MedWatch Reporting System,
305	305	during or after the administration or use of the drug, the physician
306	306	shall report the event to the United States Food and Drug
307	307	Administration through the MedWatch Reporting System not later than
308	308	the third day after the date the physician learns that the event
309	309	occurred.
310	310	Sec. 171.064. ADMINISTRATIVE PENALTY. (a) The Texas
311	311	Medical Board may take disciplinary action under Chapter 164,
312	312	Occupations Code, or assess an administrative penalty under
313	313	Subchapter A, Chapter 165, Occupations Code, against a person who
314	314	violates Section 171.063.
315	315	(b) A penalty may not be assessed under this section against
316	316	a pregnant woman who receives a medical abortion.
317	317	SECTION 4. Section 245.010(a), Health and Safety Code, is
318	318	amended to read as follows:
319	319	(a) The rules must contain minimum standards to protect the
320	320	health and safety of a patient of an abortion facility and must
321	321	contain provisions requiring compliance with the requirements of
322	322	Subchapter B, Chapter 171. On and after September 1, 2014, the
323	323	minimum standards for an abortion facility must be equivalent to
324	324	the minimum standards adopted under Section 243.010 for ambulatory
325	325	surgical centers.
326	326	SECTION 5. Section 245.011(c), Health and Safety Code, is
327	327	amended to read as follows:
328	328	(c) The report must include:
329	329	(1) whether the abortion facility at which the
330	330	abortion is performed is licensed under this chapter;
331	331	(2) the patient's year of birth, race, marital status,
332	332	and state and county of residence;
333	333	(3) the type of abortion procedure;
334	334	(4) the date the abortion was performed;
335	335	(5) whether the patient survived the abortion, and if
336	336	the patient did not survive, the cause of death;
337	337	(6) the probable post-fertilization age of the unborn
338	338	child [period of gestation] based on the best medical judgment of
339	339	the attending physician at the time of the procedure;
340	340	(7) the date, if known, of the patient's last menstrual
341	341	cycle;
342	342	(8) the number of previous live births of the patient;
343	343	and
344	344	(9) the number of previous induced abortions of the
345	345	patient.
346	346	SECTION 6. Section 164.052(a), Occupations Code, is amended
347	347	to read as follows:
348	348	(a) A physician or an applicant for a license to practice
349	349	medicine commits a prohibited practice if that person:
350	350	(1) submits to the board a false or misleading
351	351	statement, document, or certificate in an application for a
352	352	license;
353	353	(2) presents to the board a license, certificate, or
354	354	diploma that was illegally or fraudulently obtained;
355	355	(3) commits fraud or deception in taking or passing an
356	356	examination;
357	357	(4) uses alcohol or drugs in an intemperate manner
358	358	that, in the board's opinion, could endanger a patient's life;
359	359	(5) commits unprofessional or dishonorable conduct
360	360	that is likely to deceive or defraud the public, as provided by
361	361	Section 164.053, or injure the public;
362	362	(6) uses an advertising statement that is false,
363	363	misleading, or deceptive;
364	364	(7) advertises professional superiority or the
365	365	performance of professional service in a superior manner if that
366	366	advertising is not readily subject to verification;
367	367	(8) purchases, sells, barters, or uses, or offers to
368	368	purchase, sell, barter, or use, a medical degree, license,
369	369	certificate, or diploma, or a transcript of a license, certificate,
370	370	or diploma in or incident to an application to the board for a
371	371	license to practice medicine;
372	372	(9) alters, with fraudulent intent, a medical license,
373	373	certificate, or diploma, or a transcript of a medical license,
374	374	certificate, or diploma;
375	375	(10) uses a medical license, certificate, or diploma,
376	376	or a transcript of a medical license, certificate, or diploma that
377	377	has been:
378	378	(A) fraudulently purchased or issued;
379	379	(B) counterfeited; or
380	380	(C) materially altered;
381	381	(11) impersonates or acts as proxy for another person
382	382	in an examination required by this subtitle for a medical license;
383	383	(12) engages in conduct that subverts or attempts to
384	384	subvert an examination process required by this subtitle for a
385	385	medical license;
386	386	(13) impersonates a physician or permits another to
387	387	use the person's license or certificate to practice medicine in
388	388	this state;
389	389	(14) directly or indirectly employs a person whose
390	390	license to practice medicine has been suspended, canceled, or
391	391	revoked;
392	392	(15) associates in the practice of medicine with a
393	393	person:
394	394	(A) whose license to practice medicine has been
395	395	suspended, canceled, or revoked; or
396	396	(B) who has been convicted of the unlawful
397	397	practice of medicine in this state or elsewhere;
398	398	(16) performs or procures a criminal abortion, aids or
399	399	abets in the procuring of a criminal abortion, attempts to perform
400	400	or procure a criminal abortion, or attempts to aid or abet the
401	401	performance or procurement of a criminal abortion;
402	402	(17) directly or indirectly aids or abets the practice
403	403	of medicine by a person, partnership, association, or corporation
404	404	that is not licensed to practice medicine by the board;
405	405	(18) performs an abortion on a woman who is pregnant
406	406	with a viable unborn child during the third trimester of the
407	407	pregnancy unless:
408	408	(A) the abortion is necessary to prevent the
409	409	death of the woman;
410	410	(B) the viable unborn child has a severe,
411	411	irreversible brain impairment; or
412	412	(C) the woman is diagnosed with a significant
413	413	likelihood of suffering imminent severe, irreversible brain damage
414	414	or imminent severe, irreversible paralysis; [or]
415	415	(19) performs an abortion on an unemancipated minor
416	416	without the written consent of the child's parent, managing
417	417	conservator, or legal guardian or without a court order, as
418	418	provided by Section 33.003 or 33.004, Family Code, authorizing the
419	419	minor to consent to the abortion, unless the physician concludes
420	420	that on the basis of the physician's good faith clinical judgment, a
421	421	condition exists that complicates the medical condition of the
422	422	pregnant minor and necessitates the immediate abortion of her
423	423	pregnancy to avert her death or to avoid a serious risk of
424	424	substantial impairment of a major bodily function and that there is
425	425	insufficient time to obtain the consent of the child's parent,
426	426	managing conservator, or legal guardian; or
427	427	(20) performs or induces or attempts to perform or
428	428	induce an abortion in violation of Subchapter C, Chapter 171,
429	429	Health and Safety Code.
430	430	SECTION 7. Section 164.055(b), Occupations Code, is amended
431	431	to read as follows:
432	432	(b) The sanctions provided by Subsection (a) are in addition
433	433	to any other grounds for refusal to admit persons to examination
434	434	under this subtitle or to issue a license or renew a license to
435	435	practice medicine under this subtitle. The criminal penalties
436	436	provided by Section 165.152 do not apply to a violation of Section
437	437	170.002 or Subchapter C, Chapter 171, Health and Safety Code.
438	438	SECTION 8. Effective September 1, 2014, Section 245.010(c),
439	439	Health and Safety Code, is repealed.
440	440	SECTION 9. This Act may not be construed to repeal, by
441	441	implication or otherwise, Section 164.052(a)(18), Occupations
442	442	Code, Section 170.002, Health and Safety Code, or any other
443	443	provision of Texas law regulating or restricting abortion not
444	444	specifically addressed by this Act. An abortion that complies with
445	445	this Act but violates any other law is unlawful. An abortion that
446	446	complies with another state law but violates this Act is unlawful as
447	447	provided in this Act.
448	448	SECTION 10. (a) If some or all of the provisions of this
449	449	Act are ever temporarily or permanently restrained or enjoined by
450	450	judicial order, all other provisions of Texas law regulating or
451	451	restricting abortion shall be enforced as though the restrained or
452	452	enjoined provisions had not been adopted; provided, however, that
453	453	whenever the temporary or permanent restraining order or injunction
454	454	is stayed or dissolved, or otherwise ceases to have effect, the
455	455	provisions shall have full force and effect.
456	456	(b) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in
457	457	which in the context of determining the severability of a state
458	458	statute regulating abortion the United States Supreme Court held
459	459	that an explicit statement of legislative intent is controlling, it
460	460	is the intent of the legislature that every provision, section,
461	461	subsection, sentence, clause, phrase, or word in this Act, and
462	462	every application of the provisions in this Act, are severable from
463	463	each other. If any application of any provision in this Act to any
464	464	person, group of persons, or circumstances is found by a court to be
465	465	invalid, the remaining applications of that provision to all other
466	466	persons and circumstances shall be severed and may not be affected.
467	467	All constitutionally valid applications of this Act shall be
468	468	severed from any applications that a court finds to be invalid,
469	469	leaving the valid applications in force, because it is the
470	470	legislature's intent and priority that the valid applications be
471	471	allowed to stand alone. Even if a reviewing court finds a provision
472	472	of this Act to impose an undue burden in a large or substantial
473	473	fraction of relevant cases, the applications that do not present an
474	474	undue burden shall be severed from the remaining provisions and
475	475	shall remain in force, and shall be treated as if the legislature
476	476	had enacted a statute limited to the persons, group of persons, or
477	477	circumstances for which the statute's application does not present
478	478	an undue burden. The legislature further declares that it would
479	479	have passed this Act, and each provision, section, subsection,
480	480	sentence, clause, phrase, or word, and all constitutional
481	481	applications of this Act, irrespective of the fact that any
482	482	provision, section, subsection, sentence, clause, phrase, or word,
483	483	or applications of this Act, were to be declared unconstitutional
484	484	or to represent an undue burden.
485	485	(c) If Subchapter C, Chapter 171, Health and Safety Code, as
486	486	added by this Act, prohibiting abortions performed on an unborn
487	487	child 20 or more weeks after fertilization is found by any court to
488	488	be invalid or to impose an undue burden as applied to any person,
489	489	group of persons, or circumstances, the prohibition shall apply to
490	490	that person or group of persons or circumstances on the earliest
491	491	date on which the subchapter can be constitutionally applied.
492	492	(d) If any provision of this Act is found by any court to be
493	493	unconstitutionally vague, then the applications of that provision
494	494	that do not present constitutional vagueness problems shall be
495	495	severed and remain in force.
496	496	SECTION 11. (a) The executive commissioner of the Health
497	497	and Human Services Commission shall adopt the standards required by
498	498	Section 245.010, Health and Safety Code, as amended by this Act, not
499	499	later than January 1, 2014.
500	500	(b) A facility licensed under Chapter 245, Health and Safety
501	501	Code, is not required to comply with the standards adopted under
502	502	Section 245.010, Health and Safety Code, as amended by this Act,
503	503	before September 1, 2014.
504	504	SECTION 12. This Act takes effect immediately if it
505	505	receives a vote of two-thirds of all the members elected to each
506	506	house, as provided by Section 39, Article III, Texas Constitution.
507	507	If this Act does not receive the vote necessary for immediate
508	508	effect, this Act takes effect on the 91st day after the last day of
509	509	the legislative session.
510	510	* * * * *