By: Cook, et al. (Senate Sponsor - Buckingham) H.B. No. 3771
(In the Senate - Received from the House May 15, 2017;
May 15, 2017, read first time and referred to Committee on Health &
Human Services; May 19, 2017, reported favorably by the following
vote: Yeas 5, Nays 3; May 19, 2017, sent to printer.)
Click here to see the committee vote
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. This definition, as applied in this subchapter, may not be
construed to apply to an act done with the intent to [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 cause the death of an unborn child of a
woman known to be pregnant [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. 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.
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.
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