86R6142 SCL-F
By: Tinderholt H.B. No. 896
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting abortion and protecting the rights of an
unborn child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 151.002, Family Code, is
amended to read as follows:
Sec. 151.002. RIGHTS OF A LIVING CHILD [AFTER AN ABORTION OR
PREMATURE BIRTH].
SECTION 2. Section 151.002(a), Family Code, is amended to
read as follows:
(a) A living human child, from the moment of fertilization
on 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 Chapters
19 and 22, Penal Code, in relation to abortion. The attorney
general shall direct a state agency to enforce those laws,
regardless of any contrary federal law, executive order, or court
decision.
SECTION 4. 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 5. 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 Chapters 19 and 22,
Penal Code, in relation to abortion, regardless of any contrary
federal law, executive order, or court decision.
SECTION 6. Section 19.06, Penal Code, is amended to read as
follows:
Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT.
Notwithstanding any other law, this [This] chapter applies [does
not apply] to the death of an unborn child, regardless of whether
[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, including [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; or
(3) [(4)] the dispensation or administration of a drug
[in accordance with law or administration of a drug prescribed in
accordance with law].
SECTION 7. Section 22.12, Penal Code, is amended to read as
follows:
Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT.
Notwithstanding any other law, this [This] chapter applies [does
not apply] to conduct charged as having been committed against an
individual who is an unborn child, regardless of whether [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, including [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; or
(3) [(4)] the dispensation or administration of a drug
[in accordance with law or administration of a drug prescribed in
accordance with law].
SECTION 8. The following provisions are repealed:
(1) Section 71.003(c), Civil Practice and Remedies
Code;
(2) Section 103.002(b), Occupations Code;
(3) Section 20.01(5), Penal Code; and
(4) Section 49.12, Penal Code.
SECTION 9. (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
section, 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 law, executive order, or court
decision that purports to supersede, stay, or overrule this Act is
in violation of the Texas Constitution and the United States
Constitution and is therefore void. The State of Texas, a political
subdivision of this state, and any agent of this state or a
political subdivision of this state may, but is not required to,
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 September 1, 2019.