Texas 2017 - 85th Regular

Texas House Bill HB948 Compare Versions

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

Old	New	Differences
1	1	85R6552 E
2	2	By: Tinderholt H.B. No. 948
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting abortion and recognizing the rights,
8	8	powers, and privileges of all unborn children at every stage of
9	9	gestation from fertilization until birth; affecting criminal
10	10	offenses and penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the Abolition of
13	13	Abortion in Texas Act.
14	14	SECTION 2. Section 151.002(a), Family Code, is amended to
15	15	read as follows:
16	16	(a) A living human child, from the moment of fertilization
17	17	upon the fusion of a human spermatozoon with a human ovum, [born
18	18	alive after an abortion or premature birth] is entitled to the same
19	19	rights, powers, and privileges as are secured or granted by the laws
20	20	of this state to any other human child [born alive after the normal
21	21	gestation period].
22	22	SECTION 3. Subchapter B, Chapter 402, Government Code, is
23	23	amended by adding Section 402.0375 to read as follows:
24	24	Sec. 402.0375. ABORTION PROHIBITION ENFORCEMENT. The
25	25	attorney general shall monitor this state's enforcement of Chapter
26	26	19, Penal Code, in relation to abortion. The attorney general shall
27	27	direct state agencies to enforce those laws regardless of any
28	28	contrary or conflicting federal statutes, regulations, executive
29	29	orders, or court decisions.
30	30	SECTION 4. Chapter 370, Local Government Code, is amended
31	31	by adding Section 370.007 to read as follows:
32	32	Sec. 370.007. ABORTION PROHIBITION ENFORCEMENT. The
33	33	governing body of a political subdivision of this state shall
34	34	ensure that the political subdivision enforces Chapter 19, Penal
35	35	Code, in relation to abortion regardless of any contrary or
36	36	conflicting federal statutes, regulations, executive orders, or
37	37	court decisions.
38	38	SECTION 5. Section 19.06, Penal Code, is amended to read as
39	39	follows:
40	40	Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT.
41	41	Notwithstanding any other provision of law, this [This] chapter
42	42	applies [does not apply] to the death of an unborn child even if the
43	43	conduct charged is:
44	44	(1) conduct committed by the mother of the unborn
45	45	child;
46	46	(2) a [lawful medical] procedure performed by a
47	47	physician or other licensed health care provider [with the
48	48	requisite consent], if the death of the unborn child was the
49	49	intended result of the procedure;
50	50	(3) a [lawful medical] procedure performed by a
51	51	physician or other licensed health care provider [with the
52	52	requisite consent] as part of an assisted reproduction as defined
53	53	by Section 160.102, Family Code, if the death of the unborn child
54	54	was the intended result of the procedure; or
55	55	(4) the dispensation of a drug [in accordance with
56	56	law] or administration of a drug, if the death of the unborn child
57	57	is an intended result of using the drug [prescribed in accordance
58	58	with law].
59	59	SECTION 6. Section 22.12, Penal Code, is amended to read as
60	60	follows:
61	61	Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT.
62	62	Notwithstanding any other provision of law, this [This] chapter
63	63	applies [does not apply] to conduct charged as having been
64	64	committed against an individual who is an unborn child even if the
65	65	conduct is:
66	66	(1) committed by the mother of the unborn child;
67	67	(2) a [lawful medical] procedure performed by a
68	68	physician or other health care provider, if the death of the unborn
69	69	child was the intended result of the procedure [with the requisite
70	70	consent];
71	71	(3) a [lawful medical] procedure performed by a
72	72	physician or other licensed health care provider [with the
73	73	requisite consent] as part of an assisted reproduction as defined
74	74	by Section 160.102, Family Code, if the death of the unborn child
75	75	was the intended result of the procedure; or
76	76	(4) the dispensation of a drug [in accordance with
77	77	law] or administration of a drug, if the death of the unborn child
78	78	is an intended result of using the drug [prescribed in accordance
79	79	with law].
80	80	SECTION 7. The heading to Chapter 370, Local Government
81	81	Code, is amended to read as follows:
82	82	CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
83	83	COUNTY] HEALTH AND PUBLIC SAFETY FOR MORE THAN ONE TYPE OF LOCAL
84	84	GOVERNMENT
85	85	SECTION 8. The following provisions are repealed:
86	86	(1) Section 71.003(c), Civil Practice and Remedies
87	87	Code;
88	88	(2) Section 151.002(b), Family Code;
89	89	(3) Section 103.002(b), Occupations Code;
90	90	(4) Section 20.01(5), Penal Code; and
91	91	(5) Section 49.12, Penal Code.
92	92	SECTION 9. NOT RETROACTIVE. (a) The changes in law made by
93	93	this Act apply only to conduct that occurs on or after the effective
94	94	date of this Act. Conduct that occurs before the effective date of
95	95	this Act is governed by the law in effect immediately before the
96	96	effective date of this Act, and that law is continued in effect for
97	97	that purpose.
98	98	(b) The changes in law made by this Act apply only to an
99	99	offense committed on or after the effective date of this Act. An
100	100	offense committed before the effective date of this Act is governed
101	101	by the law in effect when the offense was committed, and the former
102	102	law is continued in effect for that purpose. For purposes of this
103	103	subsection, an offense is committed before the effective date of
104	104	this Act if any element of the offense occurs before the effective
105	105	date.
106	106	SECTION 10. Any federal statute, regulation, executive
107	107	order, or court decision which purports to supersede, stay, or
108	108	overrule this Act is in violation of the Texas Constitution and the
109	109	Constitution of the United States of America and is therefore void.
110	110	The State of Texas and its political subdivisions, and agents
111	111	thereof, may not enter an appearance, special or otherwise, in any
112	112	federal suit challenging this Act.
113	113	SECTION 11. This Act takes effect immediately if it
114	114	receives a vote of two-thirds of all the members elected to each
115	115	house, as provided by Section 39, Article III, Texas Constitution.
116	116	If this Act does not receive the vote necessary for immediate
117	117	effect, this Act takes effect on the 91st day after the last day of
118	118	the legislative session.