85S11050 AJZ-F By: Fallon H.J.R. No. 49 A JOINT RESOLUTION proposing a constitutional amendment guaranteeing the right to life of unborn children and prohibiting abortion to the fullest extent possible under law. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 19, Article I, Texas Constitution, is amended to read as follows: Sec. 19. (a) No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land. (b) With respect to the right to life described by Subsection (a) of this section, the term "citizen" includes each member of the species Homo sapiens at each stage of life, including the moment of fertilization or other moment at which a member of the human species begins to develop. (c) The right to life guaranteed by this section is vested in each member of the human species, born and unborn. (d) This section may not be construed to: (1) require the prosecution of a woman for the death of her unborn child; (2) prohibit in vitro fertilization; or (3) prohibit the use of birth control or other means of preventing fertilization. (e) To the fullest extent possible under law, abortion is prohibited in this state, except that an abortion may be performed on a woman who: (1) suffers from a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed; or (2) is pregnant as a result of an act of rape or incest. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 7, 2017. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment guaranteeing the right to life of unborn children and prohibiting abortion to the fullest extent possible under law."