85R6552 E
By: Tinderholt H.B. No. 948
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting abortion and recognizing the rights,
powers, and privileges of all unborn children at every stage of
gestation from fertilization until birth; affecting criminal
offenses and penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Abolition of
Abortion in Texas Act.
SECTION 2. Section 151.002(a), Family Code, is amended to
read as follows:
(a) A living human child, from the moment of fertilization
upon the fusion of a human spermatozoon with a human ovum, [born
alive after an abortion or premature birth] is entitled to the same
rights, powers, and privileges as are secured or granted by the laws
of this state to any other human child [born alive after the normal
gestation period].
SECTION 3. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.0375 to read as follows:
Sec. 402.0375. ABORTION PROHIBITION ENFORCEMENT. The
attorney general shall monitor this state's enforcement of Chapter
19, Penal Code, in relation to abortion. The attorney general shall
direct state agencies to enforce those laws regardless of any
contrary or conflicting federal statutes, regulations, executive
orders, or court decisions.
SECTION 4. Chapter 370, Local Government Code, is amended
by adding Section 370.007 to read as follows:
Sec. 370.007. ABORTION PROHIBITION ENFORCEMENT. The
governing body of a political subdivision of this state shall
ensure that the political subdivision enforces Chapter 19, Penal
Code, in relation to abortion regardless of any contrary or
conflicting federal statutes, regulations, executive orders, or
court decisions.
SECTION 5. Section 19.06, Penal Code, is amended to read as
follows:
Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT.
Notwithstanding any other provision of law, this [This] chapter
applies [does not apply] to the death of an unborn child even if the
conduct charged is:
(1) conduct committed by the mother of the unborn
child;
(2) a [lawful medical] procedure performed by a
physician or other licensed health care provider [with the
requisite consent], if the death of the unborn child was the
intended result of the procedure;
(3) a [lawful medical] procedure performed by a
physician or other licensed health care provider [with the
requisite consent] as part of an assisted reproduction as defined
by Section 160.102, Family Code, if the death of the unborn child
was the intended result of the procedure; or
(4) the dispensation of a drug [in accordance with
law] or administration of a drug, if the death of the unborn child
is an intended result of using the drug [prescribed in accordance
with law].
SECTION 6. Section 22.12, Penal Code, is amended to read as
follows:
Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT.
Notwithstanding any other provision of law, this [This] chapter
applies [does not apply] to conduct charged as having been
committed against an individual who is an unborn child even if the
conduct is:
(1) committed by the mother of the unborn child;
(2) a [lawful medical] procedure performed by a
physician or other health care provider, if the death of the unborn
child was the intended result of the procedure [with the requisite
consent];
(3) a [lawful medical] procedure performed by a
physician or other licensed health care provider [with the
requisite consent] as part of an assisted reproduction as defined
by Section 160.102, Family Code, if the death of the unborn child
was the intended result of the procedure; or
(4) the dispensation of a drug [in accordance with
law] or administration of a drug, if the death of the unborn child
is an intended result of using the drug [prescribed in accordance
with law].
SECTION 7. The heading to Chapter 370, Local Government
Code, is amended to read as follows:
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
COUNTY] HEALTH AND PUBLIC SAFETY FOR MORE THAN ONE TYPE OF LOCAL
GOVERNMENT
SECTION 8. The following provisions are repealed:
(1) Section 71.003(c), Civil Practice and Remedies
Code;
(2) Section 151.002(b), Family Code;
(3) Section 103.002(b), Occupations Code;
(4) Section 20.01(5), Penal Code; and
(5) Section 49.12, Penal Code.
SECTION 9. NOT RETROACTIVE. (a) The changes in law made by
this Act apply only to conduct that occurs on or after the effective
date of this Act. Conduct that occurs before the effective date of
this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
(b) The changes in law made by this Act apply only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
subsection, an offense is committed before the effective date of
this Act if any element of the offense occurs before the effective
date.
SECTION 10. Any federal statute, regulation, executive
order, or court decision which purports to supersede, stay, or
overrule this Act is in violation of the Texas Constitution and the
Constitution of the United States of America and is therefore void.
The State of Texas and its political subdivisions, and agents
thereof, may not enter an appearance, special or otherwise, in any
federal suit challenging this Act.
SECTION 11. 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 on the 91st day after the last day of
the legislative session.