Texas 2017 - 85th Regular

Texas Senate Bill SB415 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Perry, et al. S.B. No. 415
2		-	(In the Senate - Filed January 5, 2017; January 30, 2017,
3		-	read first time and referred to Committee on Health & Human
4		-	Services; March 7, 2017, reported favorably by the following vote:
5		-	Yeas 6, Nays 2; March 7, 2017, sent to printer.)
6		-	Click here to see the committee vote
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to a prohibition on the performance of dismemberment
12	7		abortions; providing penalties; creating a criminal offense.
13	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	9		SECTION 1. Chapter 171, Health and Safety Code, is amended
15	10		by adding Subchapter F to read as follows:
16	11		SUBCHAPTER F. DISMEMBERMENT ABORTIONS
17	12		Sec. 171.101. DEFINITION. In this subchapter,
18	13		"dismemberment abortion" means an abortion in which a person, with
19	14		the purpose of causing the death of an unborn child, dismembers the
20	15		unborn child and extracts the unborn child one piece at a time from
21	16		the uterus through the use of clamps, grasping forceps, tongs,
22	17		scissors, or a similar instrument that, through the convergence of
23	18		two rigid levers, slices, crushes, or grasps, or performs any
24	19		combination of those actions on, a piece of the unborn child's body
25	20		to cut or rip the piece from the body. The term does not include an
26	21		abortion that uses suction to dismember the body of an unborn child
27		-	by sucking pieces of the unborn child into a collection
28		-	~~container.~~ The term includes a dismemberment abortion that is used
29		-	~~to cause the~~ death of an unborn child and in which suction is
30		-	~~subsequently used~~ to extract pieces of the unborn child after the
31		-	~~unborn child's~~ death.
	22	+	by sucking pieces of the unborn child into a collection container.
	23	+	The term includes a dismemberment abortion that is used to cause the
	24	+	death of an unborn child and in which suction is subsequently used
	25	+	to extract pieces of the unborn child after the unborn child's
	26	+	death.
32	27		Sec. 171.102. DISMEMBERMENT ABORTIONS PROHIBITED. (a) A
33	28		person may not intentionally perform a dismemberment abortion
34	29		unless the dismemberment abortion is necessary in a medical
35	30		emergency.
36	31		(b) A woman on whom a dismemberment abortion is performed,
37	32		an employee or agent acting under the direction of a physician who
38	33		performs a dismemberment abortion, or a person who fills a
39	34		prescription or provides equipment used in a dismemberment abortion
40	35		does not violate Subsection (a).
41	36		Sec. 171.103. CRIMINAL PENALTY. (a) A person who violates
42	37		Section 171.102 commits an offense.
43	38		(b) An offense under this section is a state jail felony.
44	39		Sec. 171.104. CONSTRUCTION OF SUBCHAPTER. (a) This
45	40		subchapter shall be construed, as a matter of state law, to be
46	41		enforceable to the maximum possible extent consistent with but not
47	42		further than federal constitutional requirements, even if that
48	43		construction is not readily apparent, as such constructions are
49	44		authorized only to the extent necessary to save the subchapter from
50	45		judicial invalidation. Judicial reformation of statutory language
51	46		is explicitly authorized only to the extent necessary to save the
52	47		statutory provision from invalidity.
53	48		(b) If any court determines that a provision of this
54	49		subchapter is unconstitutionally vague, the court shall interpret
55	50		the provision, as a matter of state law, to avoid the vagueness
56	51		problem and shall enforce the provision to the maximum possible
57	52		extent. If a federal court finds any provision of this subchapter
58	53		or its application to any person, group of persons, or
59	54		circumstances to be unconstitutionally vague and declines to impose
60	55		the saving construction described by this subsection, the Supreme
61	56		Court of Texas shall provide an authoritative construction of the
62	57		objectionable statutory provisions that avoids the constitutional
63	58		problems while enforcing the statute's restrictions to the maximum
64	59		possible extent and shall agree to answer any question certified
65	60		from a federal appellate court regarding the statute.
66	61		(c) A state executive or administrative official may not
67	62		decline to enforce this subchapter, or adopt a construction of this
68	63		subchapter in a way that narrows its applicability, based on the
69	64		official's own beliefs concerning the requirements of the state or
70	65		federal constitution, unless the official is enjoined by a state or
71	66		federal court from enforcing this subchapter.
72	67		(d) This subchapter may not be construed to:
73	68		(1) authorize the prosecution of or a cause of action
74	69		to be brought against a woman on whom an abortion is performed or
75	70		induced in violation of this subchapter; or
76	71		(2) create or recognize a right to abortion or a right
77	72		to a particular method of abortion.
78	73		SECTION 2. Section 164.052(a), Occupations Code, is amended
79	74		to read as follows:
80	75		(a) A physician or an applicant for a license to practice
81	76		medicine commits a prohibited practice if that person:
82	77		(1) submits to the board a false or misleading
83	78		statement, document, or certificate in an application for a
84	79		license;
85	80		(2) presents to the board a license, certificate, or
86	81		diploma that was illegally or fraudulently obtained;
87	82		(3) commits fraud or deception in taking or passing an
88	83		examination;
89	84		(4) uses alcohol or drugs in an intemperate manner
90	85		that, in the board's opinion, could endanger a patient's life;
91	86		(5) commits unprofessional or dishonorable conduct
92	87		that is likely to deceive or defraud the public, as provided by
93	88		Section 164.053, or injure the public;
94	89		(6) uses an advertising statement that is false,
95	90		misleading, or deceptive;
96	91		(7) advertises professional superiority or the
97	92		performance of professional service in a superior manner if that
98	93		advertising is not readily subject to verification;
99	94		(8) purchases, sells, barters, or uses, or offers to
100	95		purchase, sell, barter, or use, a medical degree, license,
101	96		certificate, or diploma, or a transcript of a license, certificate,
102	97		or diploma in or incident to an application to the board for a
103	98		license to practice medicine;
104	99		(9) alters, with fraudulent intent, a medical license,
105	100		certificate, or diploma, or a transcript of a medical license,
106	101		certificate, or diploma;
107	102		(10) uses a medical license, certificate, or diploma,
108	103		or a transcript of a medical license, certificate, or diploma that
109	104		has been:
110	105		(A) fraudulently purchased or issued;
111	106		(B) counterfeited; or
112	107		(C) materially altered;
113	108		(11) impersonates or acts as proxy for another person
114	109		in an examination required by this subtitle for a medical license;
115	110		(12) engages in conduct that subverts or attempts to
116	111		subvert an examination process required by this subtitle for a
117	112		medical license;
118	113		(13) impersonates a physician or permits another to
119	114		use the person's license or certificate to practice medicine in
120	115		this state;
121	116		(14) directly or indirectly employs a person whose
122	117		license to practice medicine has been suspended, canceled, or
123	118		revoked;
124	119		(15) associates in the practice of medicine with a
125	120		person:
126	121		(A) whose license to practice medicine has been
127	122		suspended, canceled, or revoked; or
128	123		(B) who has been convicted of the unlawful
129	124		practice of medicine in this state or elsewhere;
130	125		(16) performs or procures a criminal abortion, aids or
131	126		abets in the procuring of a criminal abortion, attempts to perform
132	127		or procure a criminal abortion, or attempts to aid or abet the
133	128		performance or procurement of a criminal abortion;
134	129		(17) directly or indirectly aids or abets the practice
135	130		of medicine by a person, partnership, association, or corporation
136	131		that is not licensed to practice medicine by the board;
137	132		(18) performs an abortion on a woman who is pregnant
138	133		with a viable unborn child during the third trimester of the
139	134		pregnancy unless:
140	135		(A) the abortion is necessary to prevent the
141	136		death of the woman;
142	137		(B) the viable unborn child has a severe,
143	138		irreversible brain impairment; or
144	139		(C) the woman is diagnosed with a significant
145	140		likelihood of suffering imminent severe, irreversible brain damage
146	141		or imminent severe, irreversible paralysis;
147	142		(19) performs an abortion on an unemancipated minor
148	143		without the written consent of the child's parent, managing
149	144		conservator, or legal guardian or without a court order, as
150	145		provided by Section 33.003 or 33.004, Family Code, unless the
151	146		abortion is necessary due to a medical emergency, as defined by
152	147		Section 171.002, Health and Safety Code;
153	148		(20) otherwise performs an abortion on an
154	149		unemancipated minor in violation of Chapter 33, Family Code; [or]
155	150		(21) performs or induces or attempts to perform or
156	151		induce an abortion in violation of Subchapter C, Chapter 171,
157	152		Health and Safety Code; or
158	153		(22) performs a dismemberment abortion in violation of
159	154		Subchapter F, Chapter 171, Health and Safety Code.
160	155		SECTION 3. Section 164.055(b), Occupations Code, is amended
161	156		to read as follows:
162	157		(b) The sanctions provided by Subsection (a) are in addition
163	158		to any other grounds for refusal to admit persons to examination
164	159		under this subtitle or to issue a license or renew a license to
165	160		practice medicine under this subtitle. The criminal penalties
166	161		provided by Section 165.152 do not apply to a violation of Section
167	162		170.002, Health and Safety Code, or Subchapter C or F, Chapter 171,
168	163		Health and Safety Code.
169	164		SECTION 4. (a) If some or all of the provisions of this Act
170	165		are ever temporarily or permanently restrained or enjoined by
171	166		judicial order, all other provisions of Texas law regulating or
172	167		restricting abortion shall be enforced as though the restrained or
173	168		enjoined provisions had not been adopted; provided, however, that
174	169		whenever the temporary or permanent restraining order or injunction
175	170		is stayed or dissolved, or otherwise ceases to have effect, the
176	171		provisions shall have full force and effect.
177	172		(b) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in
178	173		which in the context of determining the severability of a state
179	174		statute regulating abortion the United States Supreme Court held
180	175		that an explicit statement of legislative intent is controlling, it
181	176		is the intent of the legislature that every provision, section,
182	177		subsection, sentence, clause, phrase, or word in this Act, and
183	178		every application of the provisions in this Act, are severable from
184	179		each other. If any application of any provision in this Act to any
185	180		person, group of persons, or circumstances is found by a court to be
186	181		invalid, the remaining applications of that provision to all other
187		-	persons and circumstances shall be severed and may not be
188		-	~~affected.~~ All constitutionally valid applications of this Act
189		-	~~shall be~~ severed from any applications that a court finds to be
190		-	~~invalid,~~ leaving the valid applications in force, because it is the
	182	+	persons and circumstances shall be severed and may not be affected.
	183	+	All constitutionally valid applications of this Act shall be
	184	+	severed from any applications that a court finds to be invalid,
	185	+	leaving the valid applications in force, because it is the
191	186		legislature's intent and priority that the valid applications be
192		-	allowed to stand alone. Even if a reviewing court finds a
193		-	~~provision~~ of this Act to impose an undue burden in a large or
194		-	~~substantial~~ fraction of relevant cases, the applications that do
195		-	~~not present an~~ undue burden shall be severed from the remaining
196		-	~~provisions and~~ shall remain in force, and shall be treated as if the
197		-	~~legislature~~ had enacted a statute limited to the persons, group of
198		-	~~persons, or~~ circumstances for which the statute's application does
199		-	~~not present~~ an undue burden. The legislature further declares that
200		-	~~it would~~ have passed this Act, and each provision, section,
201		-	~~subsection,~~ sentence, clause, phrase, or word, and all
202		-	~~constitutional~~ applications of this Act, irrespective of the fact
203		-	~~that any~~ provision, section, subsection, sentence, clause, phrase,
204		-	~~or word,~~ or applications of this Act, were to be declared
205		-	~~unconstitutional~~ or to represent an undue burden.
	187	+	allowed to stand alone. Even if a reviewing court finds a provision
	188	+	of this Act to impose an undue burden in a large or substantial
	189	+	fraction of relevant cases, the applications that do not present an
	190	+	undue burden shall be severed from the remaining provisions and
	191	+	shall remain in force, and shall be treated as if the legislature
	192	+	had enacted a statute limited to the persons, group of persons, or
	193	+	circumstances for which the statute's application does not present
	194	+	an undue burden. The legislature further declares that it would
	195	+	have passed this Act, and each provision, section, subsection,
	196	+	sentence, clause, phrase, or word, and all constitutional
	197	+	applications of this Act, irrespective of the fact that any
	198	+	provision, section, subsection, sentence, clause, phrase, or word,
	199	+	or applications of this Act, were to be declared unconstitutional
	200	+	or to represent an undue burden.
206	201		(c) If any provision of this Act is found by any court to be
207	202		unconstitutionally vague, then the applications of that provision
208	203		that do not present constitutional vagueness problems shall be
209	204		severed and remain in force.
210	205		SECTION 5. The change in law made by this Act applies only
211		-	to an abortion performed on or after the effective date of this
212		-	~~Act.~~ An abortion performed before the effective date of this Act
213		-	is governed by the law in effect on the date the abortion was
	206	+	to an abortion performed on or after the effective date of this Act.
	207	+	An abortion performed before the effective date of this Act is
	208	+	governed by the law in effect on the date the abortion was
214	209		performed, and the former law is continued in effect for that
215	210		purpose.
216	211		SECTION 6. This Act takes effect immediately if it receives
217	212		a vote of two-thirds of all the members elected to each house, as
218	213		provided by Section 39, Article III, Texas Constitution. If this
219	214		Act does not receive the vote necessary for immediate effect, this
220	215		Act takes effect September 1, 2017.
221		-	* * * * *