Texas 2017 - 85th Regular

Texas House Bill HB844 Compare Versions

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

Old	New	Differences
1	1	85R4616 SCL-D
2	2	By: Klick H.B. No. 844
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition on the performance of dismemberment
8	8	abortions; providing penalties; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 171, Health and Safety Code, is amended
11	11	by adding Subchapter F to read as follows:
12	12	SUBCHAPTER F. DISMEMBERMENT ABORTIONS
13	13	Sec. 171.101. DEFINITION. In this subchapter,
14	14	"dismemberment abortion" means an abortion in which a person, with
15	15	the purpose of causing the death of an unborn child, dismembers the
16	16	unborn child and extracts the unborn child one piece at a time from
17	17	the uterus through the use of clamps, grasping forceps, tongs,
18	18	scissors, or a similar instrument that, through the convergence of
19	19	two rigid levers, slices, crushes, or grasps, or performs any
20	20	combination of those actions on, a piece of the unborn child's body
21	21	to cut or rip the piece from the body. The term does not include an
22	22	abortion that uses suction to dismember the body of an unborn child
23	23	by sucking pieces of the unborn child into a collection container.
24	24	The term includes a dismemberment abortion that is used to cause the
25	25	death of an unborn child and in which suction is subsequently used
26	26	to extract pieces of the unborn child after the unborn child's
27	27	death.
28	28	Sec. 171.102. DISMEMBERMENT ABORTIONS PROHIBITED. (a) A
29	29	person may not intentionally perform a dismemberment abortion
30	30	unless the dismemberment abortion is necessary in a medical
31	31	emergency.
32	32	(b) A woman on whom a dismemberment abortion is performed,
33	33	an employee or agent acting under the direction of a physician who
34	34	performs a dismemberment abortion, or a person who fills a
35	35	prescription or provides equipment used in a dismemberment abortion
36	36	does not violate Subsection (a).
37	37	Sec. 171.103. CRIMINAL PENALTY. (a) A person who violates
38	38	Section 171.102 commits an offense.
39	39	(b) An offense under this section is a state jail felony.
40	40	Sec. 171.104. CONSTRUCTION OF SUBCHAPTER. (a) This
41	41	subchapter shall be construed, as a matter of state law, to be
42	42	enforceable to the maximum possible extent consistent with but not
43	43	further than federal constitutional requirements, even if that
44	44	construction is not readily apparent, as such constructions are
45	45	authorized only to the extent necessary to save the subchapter from
46	46	judicial invalidation. Judicial reformation of statutory language
47	47	is explicitly authorized only to the extent necessary to save the
48	48	statutory provision from invalidity.
49	49	(b) If any court determines that a provision of this
50	50	subchapter is unconstitutionally vague, the court shall interpret
51	51	the provision, as a matter of state law, to avoid the vagueness
52	52	problem and shall enforce the provision to the maximum possible
53	53	extent. If a federal court finds any provision of this subchapter
54	54	or its application to any person, group of persons, or
55	55	circumstances to be unconstitutionally vague and declines to impose
56	56	the saving construction described by this subsection, the Supreme
57	57	Court of Texas shall provide an authoritative construction of the
58	58	objectionable statutory provisions that avoids the constitutional
59	59	problems while enforcing the statute's restrictions to the maximum
60	60	possible extent and shall agree to answer any question certified
61	61	from a federal appellate court regarding the statute.
62	62	(c) A state executive or administrative official may not
63	63	decline to enforce this subchapter, or adopt a construction of this
64	64	subchapter in a way that narrows its applicability, based on the
65	65	official's own beliefs concerning the requirements of the state or
66	66	federal constitution, unless the official is enjoined by a state or
67	67	federal court from enforcing this subchapter.
68	68	(d) This subchapter may not be construed to:
69	69	(1) authorize the prosecution of or a cause of action
70	70	to be brought against a woman on whom an abortion is performed or
71	71	induced in violation of this subchapter; or
72	72	(2) create or recognize a right to abortion or a right
73	73	to a particular method of abortion.
74	74	SECTION 2. Section 164.052(a), Occupations Code, is amended
75	75	to read as follows:
76	76	(a) A physician or an applicant for a license to practice
77	77	medicine commits a prohibited practice if that person:
78	78	(1) submits to the board a false or misleading
79	79	statement, document, or certificate in an application for a
80	80	license;
81	81	(2) presents to the board a license, certificate, or
82	82	diploma that was illegally or fraudulently obtained;
83	83	(3) commits fraud or deception in taking or passing an
84	84	examination;
85	85	(4) uses alcohol or drugs in an intemperate manner
86	86	that, in the board's opinion, could endanger a patient's life;
87	87	(5) commits unprofessional or dishonorable conduct
88	88	that is likely to deceive or defraud the public, as provided by
89	89	Section 164.053, or injure the public;
90	90	(6) uses an advertising statement that is false,
91	91	misleading, or deceptive;
92	92	(7) advertises professional superiority or the
93	93	performance of professional service in a superior manner if that
94	94	advertising is not readily subject to verification;
95	95	(8) purchases, sells, barters, or uses, or offers to
96	96	purchase, sell, barter, or use, a medical degree, license,
97	97	certificate, or diploma, or a transcript of a license, certificate,
98	98	or diploma in or incident to an application to the board for a
99	99	license to practice medicine;
100	100	(9) alters, with fraudulent intent, a medical license,
101	101	certificate, or diploma, or a transcript of a medical license,
102	102	certificate, or diploma;
103	103	(10) uses a medical license, certificate, or diploma,
104	104	or a transcript of a medical license, certificate, or diploma that
105	105	has been:
106	106	(A) fraudulently purchased or issued;
107	107	(B) counterfeited; or
108	108	(C) materially altered;
109	109	(11) impersonates or acts as proxy for another person
110	110	in an examination required by this subtitle for a medical license;
111	111	(12) engages in conduct that subverts or attempts to
112	112	subvert an examination process required by this subtitle for a
113	113	medical license;
114	114	(13) impersonates a physician or permits another to
115	115	use the person's license or certificate to practice medicine in
116	116	this state;
117	117	(14) directly or indirectly employs a person whose
118	118	license to practice medicine has been suspended, canceled, or
119	119	revoked;
120	120	(15) associates in the practice of medicine with a
121	121	person:
122	122	(A) whose license to practice medicine has been
123	123	suspended, canceled, or revoked; or
124	124	(B) who has been convicted of the unlawful
125	125	practice of medicine in this state or elsewhere;
126	126	(16) performs or procures a criminal abortion, aids or
127	127	abets in the procuring of a criminal abortion, attempts to perform
128	128	or procure a criminal abortion, or attempts to aid or abet the
129	129	performance or procurement of a criminal abortion;
130	130	(17) directly or indirectly aids or abets the practice
131	131	of medicine by a person, partnership, association, or corporation
132	132	that is not licensed to practice medicine by the board;
133	133	(18) performs an abortion on a woman who is pregnant
134	134	with a viable unborn child during the third trimester of the
135	135	pregnancy unless:
136	136	(A) the abortion is necessary to prevent the
137	137	death of the woman;
138	138	(B) the viable unborn child has a severe,
139	139	irreversible brain impairment; or
140	140	(C) the woman is diagnosed with a significant
141	141	likelihood of suffering imminent severe, irreversible brain damage
142	142	or imminent severe, irreversible paralysis;
143	143	(19) performs an abortion on an unemancipated minor
144	144	without the written consent of the child's parent, managing
145	145	conservator, or legal guardian or without a court order, as
146	146	provided by Section 33.003 or 33.004, Family Code, unless the
147	147	abortion is necessary due to a medical emergency, as defined by
148	148	Section 171.002, Health and Safety Code;
149	149	(20) otherwise performs an abortion on an
150	150	unemancipated minor in violation of Chapter 33, Family Code; [or]
151	151	(21) performs or induces or attempts to perform or
152	152	induce an abortion in violation of Subchapter C, Chapter 171,
153	153	Health and Safety Code; or
154	154	(22) performs a dismemberment abortion in violation of
155	155	Subchapter F, Chapter 171, Health and Safety Code.
156	156	SECTION 3. Section 164.055(b), Occupations Code, is amended
157	157	to read as follows:
158	158	(b) The sanctions provided by Subsection (a) are in addition
159	159	to any other grounds for refusal to admit persons to examination
160	160	under this subtitle or to issue a license or renew a license to
161	161	practice medicine under this subtitle. The criminal penalties
162	162	provided by Section 165.152 do not apply to a violation of Section
163	163	170.002, Health and Safety Code, or Subchapter C or F, Chapter 171,
164	164	Health and Safety Code.
165	165	SECTION 4. (a) If some or all of the provisions of this Act
166	166	are ever temporarily or permanently restrained or enjoined by
167	167	judicial order, all other provisions of Texas law regulating or
168	168	restricting abortion shall be enforced as though the restrained or
169	169	enjoined provisions had not been adopted; provided, however, that
170	170	whenever the temporary or permanent restraining order or injunction
171	171	is stayed or dissolved, or otherwise ceases to have effect, the
172	172	provisions shall have full force and effect.
173	173	(b) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in
174	174	which in the context of determining the severability of a state
175	175	statute regulating abortion the United States Supreme Court held
176	176	that an explicit statement of legislative intent is controlling, it
177	177	is the intent of the legislature that every provision, section,
178	178	subsection, sentence, clause, phrase, or word in this Act, and
179	179	every application of the provisions in this Act, are severable from
180	180	each other. If any application of any provision in this Act to any
181	181	person, group of persons, or circumstances is found by a court to be
182	182	invalid, the remaining applications of that provision to all other
183	183	persons and circumstances shall be severed and may not be affected.
184	184	All constitutionally valid applications of this Act shall be
185	185	severed from any applications that a court finds to be invalid,
186	186	leaving the valid applications in force, because it is the
187	187	legislature's intent and priority that the valid applications be
188	188	allowed to stand alone. Even if a reviewing court finds a provision
189	189	of this Act to impose an undue burden in a large or substantial
190	190	fraction of relevant cases, the applications that do not present an
191	191	undue burden shall be severed from the remaining provisions and
192	192	shall remain in force, and shall be treated as if the legislature
193	193	had enacted a statute limited to the persons, group of persons, or
194	194	circumstances for which the statute's application does not present
195	195	an undue burden. The legislature further declares that it would
196	196	have passed this Act, and each provision, section, subsection,
197	197	sentence, clause, phrase, or word, and all constitutional
198	198	applications of this Act, irrespective of the fact that any
199	199	provision, section, subsection, sentence, clause, phrase, or word,
200	200	or applications of this Act, were to be declared unconstitutional
201	201	or to represent an undue burden.
202	202	(c) If any provision of this Act is found by any court to be
203	203	unconstitutionally vague, then the applications of that provision
204	204	that do not present constitutional vagueness problems shall be
205	205	severed and remain in force.
206	206	SECTION 5. The change in law made by this Act applies only
207	207	to an abortion performed on or after the effective date of this Act.
208	208	An abortion performed before the effective date of this Act is
209	209	governed by the law in effect on the date the abortion was
210	210	performed, and the former law is continued in effect for that
211	211	purpose.
212	212	SECTION 6. This Act takes effect immediately if it receives
213	213	a vote of two-thirds of all the members elected to each house, as
214	214	provided by Section 39, Article III, Texas Constitution. If this
215	215	Act does not receive the vote necessary for immediate effect, this
216	216	Act takes effect September 1, 2017.