Texas 2021 - 87th Regular

Texas House Bill HB1280 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1280
	1	+	By: Capriglione, et al. H.B. No. 1280
	2	+	(Senate Sponsor - Paxton, Hall)
	3	+	(In the Senate - Received from the House May 10, 2021;
	4	+	May 11, 2021, read first time and referred to Committee on State
	5	+	Affairs; May 21, 2021, reported favorably by the following vote:
	6	+	Yeas 7, Nays 2; May 21, 2021, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to prohibition of abortion; providing a civil penalty;
6	13		creating a criminal offense.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. This Act may be cited as the Human Life
9	16		Protection Act of 2021.
10	17		SECTION 2. Subtitle H, Title 2, Health and Safety Code, is
11	18		amended by adding Chapter 170A to read as follows:
12	19		CHAPTER 170A. PERFORMANCE OF ABORTION
13	20		Sec. 170A.001. DEFINITIONS. In this chapter:
14	21		(1) "Abortion" has the meaning assigned by Section
15	22		245.002.
16	23		(2) "Fertilization" means the point in time when a
17	24		male human sperm penetrates the zona pellucida of a female human
18	25		ovum.
19	26		(3) "Pregnant" means the female human reproductive
20	27		condition of having a living unborn child within the female's body
21	28		during the entire embryonic and fetal stages of the unborn child's
22	29		development from fertilization until birth.
23	30		(4) "Reasonable medical judgment" means a medical
24	31		judgment made by a reasonably prudent physician, knowledgeable
25	32		about a case and the treatment possibilities for the medical
26	33		conditions involved.
27	34		(5) "Unborn child" means an individual living member
28	35		of the homo sapiens species from fertilization until birth,
29	36		including the entire embryonic and fetal stages of development.
30	37		Sec. 170A.002. PROHIBITED ABORTION; EXCEPTIONS. (a) A
31	38		person may not knowingly perform, induce, or attempt an abortion.
32	39		(b) The prohibition under Subsection (a) does not apply if:
33	40		(1) the person performing, inducing, or attempting the
34	41		abortion is a licensed physician;
35	42		(2) in the exercise of reasonable medical judgment,
36	43		the pregnant female on whom the abortion is performed, induced, or
37	44		attempted has a life-threatening physical condition aggravated by,
38	45		caused by, or arising from a pregnancy that places the female at
39	46		risk of death or poses a serious risk of substantial impairment of a
40	47		major bodily function unless the abortion is performed or induced;
41	48		and
42	49		(3) the person performs, induces, or attempts the
43	50		abortion in a manner that, in the exercise of reasonable medical
44	51		judgment, provides the best opportunity for the unborn child to
45	52		survive unless, in the reasonable medical judgment, that manner
46	53		would create:
47	54		(A) a greater risk of the pregnant female's
48	55		death; or
49	56		(B) a serious risk of substantial impairment of a
50	57		major bodily function of the pregnant female.
51	58		(c) A physician may not take an action authorized under
52	59		Subsection (b) if, at the time the abortion was performed, induced,
53	60		or attempted, the person knew the risk of death or a substantial
54	61		impairment of a major bodily function described by Subsection
55	62		(b)(2) arose from a claim or diagnosis that the female would engage
56	63		in conduct that might result in the female's death or in substantial
57	64		impairment of a major bodily function.
58	65		(d) Medical treatment provided to the pregnant female by a
59	66		licensed physician that results in the accidental or unintentional
60	67		injury or death of the unborn child does not constitute a violation
61	68		of this section.
62	69		Sec. 170A.003. CONSTRUCTION OF CHAPTER. This chapter may
63	70		not be construed to authorize the imposition of criminal, civil, or
64	71		administrative liability or penalties on a pregnant female on whom
65	72		an abortion is performed, induced, or attempted.
66	73		Sec. 170A.004. CRIMINAL OFFENSE. (a) A person who
67	74		violates Section 170A.002 commits an offense.
68	75		(b) An offense under this section is a felony of the second
69	76		degree, except that the offense is a felony of the first degree if
70	77		an unborn child dies as a result of the offense.
71	78		Sec. 170A.005. CIVIL PENALTY. A person who violates
72	79		Section 170A.002 is subject to a civil penalty of not less than
73	80		$100,000 for each violation. The attorney general shall file an
74	81		action to recover a civil penalty assessed under this section and
75	82		may recover attorney's fees and costs incurred in bringing the
76	83		action.
77	84		Sec. 170A.006. CIVIL REMEDIES UNAFFECTED. The fact that
78	85		conduct is subject to a civil or criminal penalty under this chapter
79	86		does not abolish or impair any remedy for the conduct that is
80	87		available in a civil suit.
81	88		Sec. 170A.007. DISCIPLINARY ACTION. In addition to any
82	89		other penalty that may be imposed under this chapter, the
83	90		appropriate licensing authority shall revoke the license, permit,
84	91		registration, certificate, or other authority of a physician or
85	92		other health care professional who performs, induces, or attempts
86	93		an abortion in violation of Section 170A.002.
87	94		SECTION 3. Section 2 of this Act takes effect, to the extent
88	95		permitted, on the 30th day after:
89	96		(1) the issuance of a United States Supreme Court
90	97		judgment in a decision overruling, wholly or partly, Roe v. Wade,
91	98		410 U.S. 113 (1973), as modified by Planned Parenthood v. Casey, 505
92	99		U.S. 833 (1992), thereby allowing the states of the United States to
93	100		prohibit abortion;
94	101		(2) the issuance of any other United States Supreme
95	102		Court judgment in a decision that recognizes, wholly or partly, the
96	103		authority of the states to prohibit abortion; or
97	104		(3) adoption of an amendment to the United States
98	105		Constitution that, wholly or partly, restores to the states the
99	106		authority to prohibit abortion.
100	107		SECTION 4. The legislature finds that the State of Texas
101	108		never repealed, either expressly or by implication, the state
102	109		statutes enacted before the ruling in Roe v. Wade, 410 U.S. 113
103	110		(1973), that prohibit and criminalize abortion unless the mother's
104	111		life is in danger.
105	112		SECTION 5. The provisions of this Act are hereby declared
106	113		severable, and if any provision of this Act or the application of
107	114		such provision to any person or circumstance is declared invalid
108	115		for any reason, such declaration shall not affect the validity of
109	116		the remaining portions of this Act.
110	117		SECTION 6. This Act takes effect September 1, 2021.
111		-	______________________________ ______________________________
112		-	President of the Senate Speaker of the House
113		-	I certify that H.B. No. 1280 was passed by the House on May 6,
114		-	2021, by the following vote: Yeas 81, Nays 61, 2 present, not
115		-	voting.
116		-	______________________________
117		-	Chief Clerk of the House
118		-	I certify that H.B. No. 1280 was passed by the Senate on May
119		-	25, 2021, by the following vote: Yeas 19, Nays 12.
120		-	______________________________
121		-	Secretary of the Senate
122		-	APPROVED: _____________________
123		-	Date
124		-	_____________________
125		-	Governor
	118	+	* * * * *