Texas 2015 - 84th Regular

Texas House Bill HB2531 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9914 AJZ-F
2	2	By: Krause H.B. No. 2531
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of abortion procedures; providing civil
8	8	penalties; affecting the prosecution of a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 33.001, Family Code, is amended by
11	11	amending Subdivision (1) and adding Subdivisions (3-a) and (4-a) to
12	12	read as follows:
13	13	(1) "Abortion" has the meaning assigned by Section
14	14	171.002, Health and Safety Code [means the use of any means to
15	15	terminate the pregnancy of a female known by the attending
16	16	physician to be pregnant, with the intention that the termination
17	17	of the pregnancy by those means will with reasonable likelihood
18	18	cause the death of the fetus. This definition, as applied in this
19	19	chapter, applies only to an unemancipated minor known by the
20	20	attending physician to be pregnant and may not be construed to limit
21	21	a minor's access to contraceptives].
22	22	(3-a) "Perform" with respect to an abortion includes
23	23	to induce the abortion.
24	24	(4-a) "Positive proof of age" means a
25	25	government-issued document, including a birth certificate or
26	26	driver's license or similar state-issued or federal
27	27	government-issued identification card, that indicates a person's
28	28	age.
29	29	SECTION 2. Chapter 33, Family Code, is amended by adding
30	30	Section 33.0011 to read as follows:
31	31	Sec. 33.0011. POSITIVE PROOF OF AGE. (a) Except in the
32	32	case of a medical emergency, as defined by Section 171.002, Health
33	33	and Safety Code, or as provided by this chapter, a physician may not
34	34	perform or attempt to perform an abortion on any pregnant woman
35	35	unless the physician has obtained:
36	36	(1) positive proof of age demonstrating that the
37	37	pregnant woman is not a minor; or
38	38	(2) a certified copy of the court order proving that
39	39	the pregnant woman is an emancipated minor.
40	40	(b) A copy of the positive proof of age submitted under
41	41	Subsection (a) must be kept in the woman's medical record until the
42	42	later of:
43	43	(1) the woman's 25th birthday; or
44	44	(2) the seventh anniversary of the date of the
45	45	certification.
46	46	SECTION 3. Section 33.002, Family Code, is amended by
47	47	amending Subsections (a), (d), (e), and (g) and adding Subsection
48	48	(g-1) to read as follows:
49	49	(a) Subject to Sections 33.003 and 33.004, a [A] physician
50	50	may not perform an abortion or attempt to perform an abortion on a
51	51	pregnant unemancipated minor unless written consent of the minor's
52	52	parent, managing conservator, or legal guardian is obtained under
53	53	Section 164.052(a)(19), Occupations Code, and:
54	54	(1) the physician performing the abortion gives at
55	55	least 48 hours actual notice, in person or by telephone, of the
56	56	physician's intent to perform the abortion to:
57	57	(A) a parent of the minor, if the minor has no
58	58	managing conservator or guardian; or
59	59	(B) a court-appointed managing conservator or
60	60	guardian; or
61	61	(2) [the judge of a court having probate jurisdiction,
62	62	the judge of a county court at law, the judge of a district court,
63	63	including a family district court, or a court of appellate
64	64	jurisdiction issues an order authorizing the minor to consent to
65	65	the abortion as provided by Section 33.003 or 33.004;
66	66	[(3) a probate court, county court at law, district
67	67	court, including a family district court, or court of appeals, by
68	68	its inaction, constructively authorizes the minor to consent to the
69	69	abortion as provided by Section 33.003 or 33.004; or
70	70	[(4)] the physician who is to perform [performing] the
71	71	abortion:
72	72	(A) concludes that a medical emergency exists as
73	73	defined by Section 171.002, Health and Safety Code [on the basis of
74	74	the physician's good faith clinical judgment, a condition exists
75	75	that complicates the medical condition of the pregnant minor and
76	76	necessitates the immediate abortion of her pregnancy to avert her
77	77	death or to avoid a serious risk of substantial and irreversible
78	78	impairment of a major bodily function]; [and]
79	79	(B) certifies in writing to the [Texas]
80	80	Department of State Health Services and in the patient's medical
81	81	record the medical indications supporting the physician's judgment
82	82	that a medical emergency exists as defined by Section 171.002,
83	83	Health and Safety Code; and
84	84	(C) provides the notice required by Section
85	85	33.0021 [the circumstances described by Paragraph (A) exist].
86	86	(d) A physician shall [may] execute for inclusion in the
87	87	minor's medical record an affidavit stating that, according to the
88	88	best information and belief of the physician, notice [or
89	89	constructive notice] has been provided as required by this section.
90	90	[Execution of an affidavit under this subsection creates a
91	91	presumption that the requirements of this section have been
92	92	satisfied.]
93	93	(e) The [Texas] Department of State Health Services shall
94	94	prepare a form to be used for making the certification required by
95	95	Subsection (a)(2)(B) [(a)(4)].
96	96	(g) A physician who with criminal negligence
97	97	[intentionally] performs or attempts to perform an abortion on a
98	98	pregnant unemancipated minor in violation of this section commits
99	99	an offense. An offense under this subsection is punishable by a
100	100	fine not to exceed $10,000. In this subsection, "criminal
101	101	negligence" ["intentionally"] has the meaning assigned by Section
102	102	6.03(d) [6.03(a)], Penal Code.
103	103	(g-1) A physician performing an abortion and a pregnant
104	104	unemancipated minor seeking an abortion under this section are
105	105	subject to the requirements established under Chapter 171, Health
106	106	and Safety Code. The physician is also subject to the requirements
107	107	established under Section 164.052(a)(19), Occupations Code.
108	108	SECTION 4. Chapter 33, Family Code, is amended by adding
109	109	Section 33.0021 to read as follows:
110	110	Sec. 33.0021. MEDICAL EMERGENCY NOTIFICATION; AFFIDAVIT
111	111	FOR MEDICAL RECORD. (a) If the physician who is to perform the
112	112	abortion concludes under Section 33.002(a)(2) that a medical
113	113	emergency exists and that there is insufficient time to provide the
114	114	notice required by Section 33.002, the physician shall verbally
115	115	inform the parent, managing conservator, or guardian of the
116	116	unemancipated minor within two hours after the time a medical
117	117	emergency abortion is performed on the minor of:
118	118	(1) the performance of the abortion; and
119	119	(2) the basis for the physician's determination that a
120	120	medical emergency existed, as defined by Section 171.002, Health
121	121	and Safety Code, that required the performance of a medical
122	122	emergency abortion without fulfilling the requirements of Section
123	123	33.002.
124	124	(b) A physician who performs an abortion as described by
125	125	Subsection (a) shall send a written notice of the medical emergency
126	126	abortion to the last known address of the parent, managing
127	127	conservator, or guardian by certified mail, restricted delivery,
128	128	return receipt requested. The physician may rely on last known
129	129	address information if a reasonable and prudent person, under
130	130	similar circumstances, would rely on the information as sufficient
131	131	evidence that the parent, managing conservator, or guardian resides
132	132	at that address. The physician shall keep in the minor's medical
133	133	record:
134	134	(1) the return receipt from the written notice; or
135	135	(2) if the notice was returned as undeliverable, the
136	136	notice.
137	137	(c) The physician who performs the abortion on the minor
138	138	shall execute for inclusion in the medical record of the minor an
139	139	affidavit that explains the specific life-threatening physical
140	140	condition of the minor that necessitated the immediate abortion.
141	141	SECTION 5. Section 33.003, Family Code, is amended by
142	142	amending Subsections (a), (b), (c), (e), (f), (h), (i), and (j) and
143	143	adding Subsections (o), (p), and (q) to read as follows:
144	144	(a) A pregnant minor [who wishes to have an abortion without
145	145	notification to one of her parents, her managing conservator, or
146	146	her guardian] may file an application for a court order authorizing
147	147	the minor to consent to the performance of an abortion without the
148	148	consent of or notification to either of her parents or a managing
149	149	conservator or guardian.
150	150	(b) The application must [may] be filed in:
151	151	(1) a [any] county court at law in the minor's county
152	152	of residence;
153	153	(2) a [,] court having probate jurisdiction in the
154	154	minor's county of residence; [,] or
155	155	(3) a district court, including a family district
156	156	court, with jurisdiction over the minor's county of residence [in
157	157	this state].
158	158	(c) The application must be made under oath and include:
159	159	(1) a statement that the minor is pregnant;
160	160	(2) a statement that the minor is unmarried, is under
161	161	18 years of age, and has not had her disabilities removed under
162	162	Chapter 31;
163	163	(3) a statement that the minor wishes to have an
164	164	abortion without the consent or notification of either of her
165	165	parents or a managing conservator or guardian; [and]
166	166	(4) a statement as to whether the minor has retained an
167	167	attorney and, if she has retained an attorney, the name, address,
168	168	and telephone number of her attorney; and
169	169	(5) a statement about the minor's current residence,
170	170	including the minor's physical address, mailing address, and
171	171	telephone number.
172	172	(e) The court shall appoint a guardian ad litem for the
173	173	minor. If the minor has not retained an attorney, the court shall
174	174	appoint an attorney to represent the minor. The [If the] guardian
175	175	ad litem may not also [is an attorney admitted to the practice of
176	176	law in this state, the court may appoint the guardian ad litem to]
177	177	serve as the minor's attorney ad litem.
178	178	(f) The court may appoint to serve as guardian ad litem:
179	179	(1) a person who may consent to treatment for the minor
180	180	under Sections 32.001(a)(1)-(3);
181	181	(2) [a psychiatrist or an individual licensed or
182	182	certified as a psychologist under Chapter 501, Occupations Code;
183	183	[(3)] an appropriate employee of the Department of
184	184	Family and Protective Services; or
185	185	(3) an attorney who is licensed to practice law in this
186	186	state and is in good standing with the State Bar of Texas
187	187	[(4) a member of the clergy; or
188	188	[(5) another appropriate person selected by the
189	189	court].
190	190	(h) The court shall rule on an application submitted under
191	191	this section and shall issue written findings of fact and
192	192	conclusions of law not later than 5 p.m. on the second business day
193	193	after the date the application is filed with the court. On request
194	194	by the minor, the court shall grant an extension of the period
195	195	specified by this subsection. If a request for an extension is
196	196	made, the court shall rule on an application and shall issue written
197	197	findings of fact and conclusions of law not later than 5 p.m. on the
198	198	second business day after the date the minor states she is ready to
199	199	proceed to hearing. [If the court fails to rule on the application
200	200	and issue written findings of fact and conclusions of law within the
201	201	period specified by this subsection, the application is deemed to
202	202	be granted and the physician may perform the abortion as if the
203	203	court had issued an order authorizing the minor to consent to the
204	204	performance of the abortion without notification under Section
205	205	33.002.] Proceedings under this section shall be given precedence
206	206	over other pending matters to the extent necessary to assure that
207	207	the court reaches a decision promptly.
208	208	(i) The court shall determine by clear and convincing [a
209	209	preponderance of the] evidence whether the minor is mature and
210	210	sufficiently well informed to make the decision to have an abortion
211	211	performed without the consent of or notification to either of her
212	212	parents or a managing conservator or guardian or [,] whether
213	213	consent or notification would not be in the best interest of the
214	214	minor. The court shall determine by a preponderance of the evidence
215	215	[, or] whether consent or notification may lead to physical or [,]
216	216	sexual [, or emotional] abuse of the minor. The court shall enter
217	217	an order authorizing the minor to consent to the performance of an
218	218	abortion without the consent of or notification to either of her
219	219	parents or a managing conservator or guardian and shall execute the
220	220	required forms if [If] the court finds that the minor is mature and
221	221	sufficiently well informed, and:
222	222	(1) that consent or notification would not be in the
223	223	minor's best interest; [,] or
224	224	(2) that consent or notification may lead to physical
225	225	or [,] sexual [, or emotional] abuse of the minor [, the court shall
226	226	enter an order authorizing the minor to consent to the performance
227	227	of the abortion without notification to either of her parents or a
228	228	managing conservator or guardian and shall execute the required
229	229	forms].
230	230	(j) If the court finds that the minor does not meet the
231	231	requirements of Subsection (i), the court may not authorize the
232	232	minor to consent to an abortion without the consent required by
233	233	Section 164.052(a)(19), Occupations Code, or notification
234	234	authorized under Section 33.002(a)(1).
235	235	(o) A minor who has filed an application under this section
236	236	may not withdraw or otherwise non-suit her application without the
237	237	permission of the court.
238	238	(p) A minor who has filed an application and has obtained a
239	239	determination by the court as described by Subsection (i) may not
240	240	initiate a new application proceeding and the prior proceeding is
241	241	res judicata of the issue relating to the determination of whether
242	242	the minor may or may not be authorized to consent to the performance
243	243	of an abortion without the consent of or notification to either of
244	244	her parents or a managing conservator or guardian.
245	245	(q) An attorney retained by the minor to assist her in
246	246	filing an application under this section shall fully inform himself
247	247	or herself of the minor's prior application history, including the
248	248	representations made by the minor in the application regarding her
249	249	address, proper venue in the county in which the application is
250	250	filed, and whether a prior application has been filed and
251	251	initiated. If an attorney assists the minor in the application
252	252	process in any way, with or without payment, the attorney
253	253	representing the minor must attest to the truth of the minor's
254	254	claims regarding the venue and prior applications in a sworn
255	255	statement. An attorney that negligently makes a misrepresentation
256	256	in a sworn statement made under this subsection violates this
257	257	chapter and is subject to civil penalties under Section 33.012.
258	258	SECTION 6. Sections 33.004(b) and (f), Family Code, are
259	259	amended to read as follows:
260	260	(b) The court of appeals shall rule on an appeal under this
261	261	section not later than 5 p.m. on the second business day after the
262	262	date the notice of appeal is filed with the court that denied the
263	263	application. On request by the minor, the court shall grant an
264	264	extension of the period specified by this subsection. If a request
265	265	for an extension is made, the court shall rule on the appeal not
266	266	later than 5 p.m. on the second business day after the date the
267	267	minor states she is ready to proceed. [If the court of appeals
268	268	fails to rule on the appeal within the period specified by this
269	269	subsection, the appeal is deemed to be granted and the physician may
270	270	perform the abortion as if the court had issued an order authorizing
271	271	the minor to consent to the performance of the abortion without
272	272	notification under Section 33.002.] Proceedings under this section
273	273	shall be given precedence over other pending matters to the extent
274	274	necessary to assure that the court reaches a decision promptly.
275	275	(f) An expedited confidential appeal shall be available to
276	276	any pregnant minor to whom a court of appeals denies an order
277	277	authorizing the minor to consent to the performance of an abortion
278	278	without the consent of or notification to either of her parents or a
279	279	managing conservator or guardian.
280	280	SECTION 7. Section 33.008, Family Code, is amended to read
281	281	as follows:
282	282	Sec. 33.008. PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR;
283	283	INVESTIGATION AND ASSISTANCE. (a) If a minor claims to have been
284	284	[A physician who has reason to believe that a minor has been or may
285	285	be] physically or sexually abused by a person responsible for the
286	286	minor's care, custody, or welfare, as that term is defined by
287	287	Section 261.001, the physician or physician's agent shall
288	288	immediately report the suspected abuse and the name of the abuser to
289	289	the Department of Family and Protective Services and to a local law
290	290	enforcement agency and shall refer the minor to the department for
291	291	services or intervention that may be in the best interest of the
292	292	minor. The local law enforcement agency shall respond and shall
293	293	write a report within 12 hours of being notified of the alleged
294	294	abuse. A report shall be made regardless of whether the local law
295	295	enforcement agency knows or suspects that a report about the abuse
296	296	may have previously been made.
297	297	(b) The appropriate local law enforcement agency and the
298	298	Department of Family and Protective Services shall investigate
299	299	suspected abuse reported under this section and, if warranted
300	300	[appropriate], shall refer the case to the appropriate prosecuting
301	301	authority [assist the minor in making an application with a court
302	302	under Section 33.003].
303	303	(c) When the local law enforcement agency responds to the
304	304	report of physical or sexual abuse as required by Subsection (b), a
305	305	law enforcement officer or appropriate agent from the Department of
306	306	Family and Protective Services may take emergency possession of the
307	307	minor without a court order to protect the health and safety of the
308	308	minor as described by Chapter 262.
309	309	SECTION 8. Chapter 33, Family Code, is amended by adding
310	310	Section 33.0085 to read as follows:
311	311	Sec. 33.0085. DUTY OF JUDGE OR JUSTICE TO REPORT ABUSE OF
312	312	MINOR. (a) Notwithstanding any other law, a judge or justice who,
313	313	as a result of court proceedings conducted under Section 33.003 or
314	314	33.004, has reason to believe that a minor has been or may be
315	315	physically or sexually abused by a person responsible for the
316	316	minor's care, custody, or welfare, as that term is defined by
317	317	Section 261.001, shall:
318	318	(1) immediately report the suspected abuse and the
319	319	name of the abuser to the Department of Family and Protective
320	320	Services and to a local law enforcement agency; and
321	321	(2) refer the minor to the department for services or
322	322	intervention that may be in the best interest of the minor.
323	323	(b) The appropriate local law enforcement agency and the
324	324	Department of Family and Protective Services shall investigate
325	325	suspected abuse reported under this section and, if warranted,
326	326	shall refer the case to the appropriate prosecuting authority.
327	327	SECTION 9. Section 33.010, Family Code, is amended to read
328	328	as follows:
329	329	Sec. 33.010. CONFIDENTIALITY. Notwithstanding any other
330	330	law, information obtained by the Department of Family and
331	331	Protective Services or another entity under Section 33.008 [or
332	332	33.009] is confidential except to the extent necessary to prove a
333	333	violation of Section 21.02, 22.011, 22.021, or 25.02, Penal Code.
334	334	SECTION 10. Chapter 33, Family Code, is amended by adding
335	335	Sections 33.012 and 33.013 to read as follows:
336	336	Sec. 33.012. CIVIL PENALTY. (a) A person who
337	337	intentionally, knowingly, recklessly, or negligently violates this
338	338	chapter is liable to this state for a civil penalty of:
339	339	(1) $10,000 for the first violation;
340	340	(2) $50,000 for the second violation;
341	341	(3) $100,000 for the third violation; or
342	342	(4) an amount greater than $100,000 that is sufficient
343	343	to deter future violations for each succeeding violation.
344	344	(b) Each performance or attempted performance of an
345	345	abortion in violation of this chapter is a separate violation.
346	346	(c) A civil penalty may not be assessed against a minor on
347	347	whom an abortion is performed or attempted.
348	348	(d) It is not a defense to an action brought under this
349	349	section that the minor gave informed and voluntary consent.
350	350	Sec. 33.013. CAPACITY TO CONSENT. An unemancipated minor
351	351	does not have the capacity to consent to any action that violates
352	352	this chapter.
353	353	SECTION 11. Subchapter A, Chapter 22, Government Code, is
354	354	amended by adding Section 22.019 to read as follows:
355	355	Sec. 22.019. PUBLIC INFORMATION REGARDING CERTAIN
356	356	PETITIONS AND MOTIONS. (a) The supreme court shall adopt rules
357	357	governing the collection of statistical information relating to
358	358	applications and appeals granted under Sections 33.003(h) and
359	359	33.004(b), Family Code. The information collected by the supreme
360	360	court must include:
361	361	(1) the number of judicial bypass cases;
362	362	(2) the number of judicial bypass cases in which the
363	363	court appointed a guardian ad litem;
364	364	(3) the number of judicial bypass cases in which the
365	365	court appointed an attorney;
366	366	(4) the number of judicial bypass cases in which the
367	367	judge issued an order authorizing an abortion without consent or
368	368	notification; and
369	369	(5) the number of judicial bypass cases in which the
370	370	judge denied an order, the number of appeals filed as a result of a
371	371	denial, the number of denials that were affirmed, and the number of
372	372	denials that were reversed.
373	373	(b) The information collected under this section must be
374	374	available to the public in aggregate form by county.
375	375	(c) Identifying information about a minor collected under
376	376	this section is confidential and is not subject to disclosure under
377	377	Chapter 552.
378	378	SECTION 12. Section 164.052(a), Occupations Code, is
379	379	amended to read as follows:
380	380	(a) A physician or an applicant for a license to practice
381	381	medicine commits a prohibited practice if that person:
382	382	(1) submits to the board a false or misleading
383	383	statement, document, or certificate in an application for a
384	384	license;
385	385	(2) presents to the board a license, certificate, or
386	386	diploma that was illegally or fraudulently obtained;
387	387	(3) commits fraud or deception in taking or passing an
388	388	examination;
389	389	(4) uses alcohol or drugs in an intemperate manner
390	390	that, in the board's opinion, could endanger a patient's life;
391	391	(5) commits unprofessional or dishonorable conduct
392	392	that is likely to deceive or defraud the public, as provided by
393	393	Section 164.053, or injure the public;
394	394	(6) uses an advertising statement that is false,
395	395	misleading, or deceptive;
396	396	(7) advertises professional superiority or the
397	397	performance of professional service in a superior manner if that
398	398	advertising is not readily subject to verification;
399	399	(8) purchases, sells, barters, or uses, or offers to
400	400	purchase, sell, barter, or use, a medical degree, license,
401	401	certificate, or diploma, or a transcript of a license, certificate,
402	402	or diploma in or incident to an application to the board for a
403	403	license to practice medicine;
404	404	(9) alters, with fraudulent intent, a medical license,
405	405	certificate, or diploma, or a transcript of a medical license,
406	406	certificate, or diploma;
407	407	(10) uses a medical license, certificate, or diploma,
408	408	or a transcript of a medical license, certificate, or diploma that
409	409	has been:
410	410	(A) fraudulently purchased or issued;
411	411	(B) counterfeited; or
412	412	(C) materially altered;
413	413	(11) impersonates or acts as proxy for another person
414	414	in an examination required by this subtitle for a medical license;
415	415	(12) engages in conduct that subverts or attempts to
416	416	subvert an examination process required by this subtitle for a
417	417	medical license;
418	418	(13) impersonates a physician or permits another to
419	419	use the person's license or certificate to practice medicine in
420	420	this state;
421	421	(14) directly or indirectly employs a person whose
422	422	license to practice medicine has been suspended, canceled, or
423	423	revoked;
424	424	(15) associates in the practice of medicine with a
425	425	person:
426	426	(A) whose license to practice medicine has been
427	427	suspended, canceled, or revoked; or
428	428	(B) who has been convicted of the unlawful
429	429	practice of medicine in this state or elsewhere;
430	430	(16) performs or procures a criminal abortion, aids or
431	431	abets in the procuring of a criminal abortion, attempts to perform
432	432	or procure a criminal abortion, or attempts to aid or abet the
433	433	performance or procurement of a criminal abortion;
434	434	(17) directly or indirectly aids or abets the practice
435	435	of medicine by a person, partnership, association, or corporation
436	436	that is not licensed to practice medicine by the board;
437	437	(18) performs an abortion on a woman who is pregnant
438	438	with a viable unborn child during the third trimester of the
439	439	pregnancy unless:
440	440	(A) the abortion is necessary to prevent the
441	441	death of the woman;
442	442	(B) the viable unborn child has a severe,
443	443	irreversible brain impairment; or
444	444	(C) the woman is diagnosed with a significant
445	445	likelihood of suffering imminent severe, irreversible brain damage
446	446	or imminent severe, irreversible paralysis;
447	447	(19) performs an abortion on an unemancipated minor
448	448	without the written consent of the child's parent, managing
449	449	conservator, or legal guardian or without a court order, as
450	450	provided by Section 33.003 or 33.004, Family Code;
451	451	(20) otherwise performs an abortion on an
452	452	unemancipated minor in violation of Chapter 33, Family Code [,
453	453	authorizing the minor to consent to the abortion, unless the
454	454	physician concludes that on the basis of the physician's good faith
455	455	clinical judgment, a condition exists that complicates the medical
456	456	condition of the pregnant minor and necessitates the immediate
457	457	abortion of her pregnancy to avert her death or to avoid a serious
458	458	risk of substantial impairment of a major bodily function and that
459	459	there is insufficient time to obtain the consent of the child's
460	460	parent, managing conservator, or legal guardian]; or
461	461	(21) [(20)] performs or induces or attempts to perform
462	462	or induce an abortion in violation of Subchapter C, Chapter 171,
463	463	Health and Safety Code.
464	464	SECTION 13. Section 164.055(b), Occupations Code, is
465	465	amended to read as follows:
466	466	(b) The sanctions provided by Subsection (a) are in addition
467	467	to any other grounds for refusal to admit persons to examination
468	468	under this subtitle or to issue a license or renew a license to
469	469	practice medicine under this subtitle. [The criminal penalties
470	470	provided by Section 165.152 do not apply to a violation of Section
471	471	170.002 or Subchapter C, Chapter 171, Health and Safety Code.]
472	472	SECTION 14. The following provisions of the Family Code are
473	473	repealed:
474	474	(1) Section 33.001(2);
475	475	(2) Sections 33.002(b), (c), (f), (h), and (i);
476	476	(3) Section 33.003(k);
477	477	(4) Section 33.005; and
478	478	(5) Section 33.009.
479	479	SECTION 15. If any court enjoins, suspends, or delays the
480	480	implementation of the changes in law made by this Act to Chapter 33,
481	481	Family Code, and Section 164.052, Occupations Code, the former law,
482	482	as the law existed immediately before the effective date of this
483	483	Act, becomes or remains in effect and continues in effect. At the
484	484	time a temporary or permanent restraining order or injunction
485	485	described by this section is stayed or dissolved, or otherwise
486	486	ceases to have effect, the changes in law made by this Act become
487	487	immediately effective.
488	488	SECTION 16. The legislature intends that every application
489	489	of this Act to every individual woman shall be severable from each
490	490	other. In the unexpected event that the application of this Act is
491	491	found to impose an impermissible undue burden on any pregnant woman
492	492	or group of pregnant women, the application of the Act to those
493	493	women shall be severed from the remaining applications of the Act
494	494	that do not impose an undue burden, and those remaining
495	495	applications shall remain in force and unaffected, consistent with
496	496	Section 15 of this Act.
497	497	SECTION 17. The changes in law made by this Act apply only
498	498	to an offense committed or conduct that occurs on or after the
499	499	effective date of this Act. An offense committed or conduct that
500	500	occurs before the effective date of this Act is governed by the law
501	501	in effect on the date the offense was committed or the conduct
502	502	occurred, and the former law is continued in effect for that
503	503	purpose. For purposes of this section, an offense is committed or
504	504	conduct occurs before the effective date of this Act if any element
505	505	of the offense or conduct occurs before the effective date.
506	506	SECTION 18. Information obtained before the effective date
507	507	of this Act by the Department of Family and Protective Services or
508	508	another entity under Section 33.009, Family Code, as it existed
509	509	before the effective date of this Act, remains confidential to the
510	510	extent provided by Section 33.010, Family Code, as it existed
511	511	before the effective date of this Act.
512	512	SECTION 19. This Act takes effect immediately if it
513	513	receives a vote of two-thirds of all the members elected to each
514	514	house, as provided by Section 39, Article III, Texas Constitution.
515	515	If this Act does not receive the vote necessary for immediate
516	516	effect, this Act takes effect September 1, 2015.