Texas 2017 85th Regular

Texas House Bill HB3771 Comm Sub / Bill

Filed 05/02/2017

                    85R27348 AJZ-D
 By: Cook, Giddings, Morrison, H.B. No. 3771
 Davis of Harris, Minjarez, et al.
 Substitute the following for H.B. No. 3771:
 By:  Giddings C.S.H.B. No. 3771


 A BILL TO BE ENTITLED
 AN ACT
 relating to the definition of abortion.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 33.001(1), Family Code, is amended to
 read as follows:
 (1)  "Abortion" has the meaning assigned by Section
 245.002, Health and Safety Code [means the use of any means to
 terminate the pregnancy of a female known by the attending
 physician to be pregnant, with the intention that the termination
 of the pregnancy by those means will with reasonable likelihood
 cause the death of the fetus. This definition, as applied in this
 chapter, applies only to an unemancipated minor known by the
 attending physician to be pregnant and may not be construed to limit
 a minor's access to contraceptives].
 SECTION 2.  Section 161.006(b), Family Code, is amended to
 read as follows:
 (b)  In this code, "abortion" has the meaning assigned by
 Section 245.002, Health and Safety Code [means an intentional
 expulsion of a human fetus from the body of a woman induced by any
 means for the purpose of causing the death of the fetus].
 SECTION 3.  Section 170.001(1), Health and Safety Code, is
 amended to read as follows:
 (1)  "Abortion" has the meaning assigned by Section
 245.002 [means an act involving the use of an instrument, medicine,
 drug, or other substance or device developed to terminate the
 pregnancy of a woman if the act is done with an intention other than
 to:
 [(A)     increase the probability of a live birth of
 the unborn child of the woman;
 [(B)  preserve the life or health of the child; or
 [(C)  remove a dead fetus].
 SECTION 4.  Section 171.002(1), Health and Safety Code, is
 amended to read as follows:
 (1)  "Abortion" has the meaning assigned by Section
 245.002 [means the use of any means to terminate the pregnancy of a
 female known by the attending physician to be pregnant with the
 intention that the termination of the pregnancy by those means
 will, with reasonable likelihood, cause the death of the fetus].
 SECTION 5.  Section 171.061(1), Health and Safety Code, is
 amended to read as follows:
 (1)  "Abortion" has the meaning assigned by Section
 245.002 [means the act of using, administering, prescribing, or
 otherwise providing an instrument, a drug, a medicine, or any other
 substance, device, or means with the intent to terminate a
 clinically diagnosable pregnancy of a woman and with knowledge that
 the termination by those means will, with reasonable likelihood,
 cause the death of the woman's unborn child.     An act is not an
 abortion if the act is done with the intent to:
 [(A)     save the life or preserve the health of an
 unborn child;
 [(B)     remove a dead, unborn child whose death was
 caused by spontaneous abortion;
 [(C)  remove an ectopic pregnancy; or
 [(D)     treat a maternal disease or illness for
 which a prescribed drug, medicine, or other substance is
 indicated].
 SECTION 6.  Section 245.002(1), Health and Safety Code, is
 amended to read as follows:
 (1)  "Abortion" means the act of using or prescribing
 an instrument, a drug, a medicine, or any other substance, device,
 or means with the intent to terminate a clinically diagnosable
 intrauterine pregnancy of a woman, including the elimination of one
 or more unborn children in a multifetal pregnancy, and with
 knowledge that the termination by those means will, with reasonable
 likelihood, cause the death of the woman's unborn child. An act is
 not an abortion if the act is done with the intent to:
 (A)  save the life or preserve the health of an
 unborn child;
 (B)  remove a dead, unborn child whose death was
 caused by spontaneous abortion; or
 (C)  remove an ectopic pregnancy [an act or
 procedure performed after pregnancy has been medically verified and
 with the intent to cause the termination of a pregnancy other than
 for the purpose of either the birth of a live fetus or removing a
 dead fetus. The term does not include birth control devices or oral
 contraceptives].
 SECTION 7.  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 September 1, 2017.