Texas 2017 - 85th Regular

Texas House Bill HB3771 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Cook, et al. (Senate Sponsor - Buckingham) H.B. No. 3771
2		-	(In the Senate - Received from the House May 15, 2017;
3		-	May 15, 2017, read first time and referred to Committee on Health &
4		-	Human Services; May 19, 2017, reported favorably by the following
5		-	vote: Yeas 5, Nays 3; May 19, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	By: Cook, Morrison, et al. H.B. No. 3771
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to the definition of abortion.
12	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	8		SECTION 1. Section 33.001(1), Family Code, is amended to
14	9		read as follows:
15	10		(1) "Abortion" has the meaning assigned by Section
16	11		245.002, Health and Safety Code [means the use of any means to
17	12		terminate the pregnancy of a female known by the attending
18	13		physician to be pregnant, with the intention that the termination
19	14		of the pregnancy by those means will with reasonable likelihood
20	15		cause the death of the fetus]. This definition, as applied in this
21	16		chapter, [applies only to an unemancipated minor known by the
22	17		attending physician to be pregnant and] may not be construed to
23	18		limit a minor's access to contraceptives.
24	19		SECTION 2. Section 161.006(b), Family Code, is amended to
25	20		read as follows:
26	21		(b) In this code, "abortion" has the meaning assigned by
27	22		Section 245.002, Health and Safety Code [means an intentional
28	23		expulsion of a human fetus from the body of a woman induced by any
29	24		means for the purpose of causing the death of the fetus].
30	25		SECTION 3. Section 170.001(1), Health and Safety Code, is
31	26		amended to read as follows:
32	27		(1) "Abortion" has the meaning assigned by Section
33	28		245.002 [means an act involving the use of an instrument, medicine,
34	29		drug, or other substance or device developed to terminate the
35	30		pregnancy of a woman if the act is done with an intention other than
36	31		to:
37	32		[(A) increase the probability of a live birth of
38	33		the unborn child of the woman;
39	34		[(B) preserve the life or health of the child; or
40	35		[(C) remove a dead fetus].
41	36		SECTION 4. Section 171.002(1), Health and Safety Code, is
42	37		amended to read as follows:
43	38		(1) "Abortion" has the meaning assigned by Section
44	39		245.002 [means the use of any means to terminate the pregnancy of a
45	40		female known by the attending physician to be pregnant with the
46	41		intention that the termination of the pregnancy by those means
47	42		will, with reasonable likelihood, cause the death of the fetus].
48	43		SECTION 5. Section 171.061(1), Health and Safety Code, is
49	44		amended to read as follows:
50	45		(1) "Abortion" has the meaning assigned by Section
51	46		245.002. This definition, as applied in this subchapter, may not be
52	47		construed to apply to an act done with the intent to [means the act
53	48		of using, administering, prescribing, or otherwise providing an
54	49		instrument, a drug, a medicine, or any other substance, device, or
55	50		means with the intent to terminate a clinically diagnosable
56	51		pregnancy of a woman and with knowledge that the termination by
57	52		those means will, with reasonable likelihood, cause the death of
58	53		the woman's unborn child. An act is not an abortion if the act is
59	54		done with the intent to:
60	55		[(A) save the life or preserve the health of an
61	56		unborn child;
62	57		[(B) remove a dead, unborn child whose death was
63	58		caused by spontaneous abortion;
64	59		[(C) remove an ectopic pregnancy; or
65	60		[(D)] treat a maternal disease or illness for
66	61		which a prescribed drug, medicine, or other substance is indicated.
67	62		SECTION 6. Section 245.002(1), Health and Safety Code, is
68	63		amended to read as follows:
69	64		(1) "Abortion" means the act of using or prescribing
70	65		an instrument, a drug, a medicine, or any other substance, device,
71	66		or means with the intent to cause the death of an unborn child of a
72	67		woman known to be pregnant [an act or procedure performed after
73	68		pregnancy has been medically verified and with the intent to cause
74	69		the termination of a pregnancy other than for the purpose of either
75	70		the birth of a live fetus or removing a dead fetus]. The term does
76	71		not include birth control devices or oral contraceptives. An act is
77	72		not an abortion if the act is done with the intent to:
78	73		(A) save the life or preserve the health of an
79	74		unborn child;
80	75		(B) remove a dead, unborn child whose death was
81	76		caused by spontaneous abortion; or
82	77		(C) remove an ectopic pregnancy.
83	78		SECTION 7. This Act takes effect immediately if it receives
84	79		a vote of two-thirds of all the members elected to each house, as
85	80		provided by Section 39, Article III, Texas Constitution. If this
86	81		Act does not receive the vote necessary for immediate effect, this
87	82		Act takes effect September 1, 2017.
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