Texas 2021 - 87th Regular

Texas House Bill HB3326 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10735 SCL-F
2	2	By: Slaton H.B. No. 3326
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting abortion and protecting the rights of an
8	8	unborn child and to criminal liability for, justification for, and
9	9	defenses to prohibited conduct.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the Abolition of
12	12	Abortion through Equal Protection for All Unborn Children Act.
13	13	SECTION 2. Acting on Section 1, Article I, Texas
14	14	Constitution, which provides that "Texas is a free and independent
15	15	State, subject only to the Constitution of the United States," and
16	16	acknowledging the sanctity of innocent human life created in the
17	17	image of God, which should be equally protected from fertilization
18	18	to natural death, the purpose of this Act is:
19	19	(1) to ensure the right to life and equal protection of
20	20	the laws to all unborn children from the moment of fertilization;
21	21	(2) to establish that a living human unborn child,
22	22	from the moment of fertilization and at every stage of development,
23	23	is entitled to the same rights, powers, and privileges as are
24	24	secured or granted by the laws of this state to any other human
25	25	person;
26	26	(3) to rescind all licenses to kill unborn children by
27	27	repealing discriminatory provisions;
28	28	(4) to equally apply the law to all persons, including
29	29	legal defenses, immunities, and justifications, such as duress,
30	30	necessity, and mistake of fact;
31	31	(5) to recognize that the United States Constitution
32	32	and the laws of the United States enacted in pursuance of that
33	33	constitution are the supreme law of the land;
34	34	(6) as legislators, to fulfill our oaths of office to
35	35	the United States Constitution, so help us God, by disavowing the
36	36	legal fiction that the constitution prohibits this state from
37	37	exercising its reserved police powers to prohibit and criminalize
38	38	homicide and from exercising its constitutional and God-given
39	39	duties to provide equal protection to all persons within its
40	40	jurisdiction;
41	41	(7) to follow Justice Thomas's statement in June
42	42	Medical Services, L.L.C. v. Russo, 140 S. Ct. 2103 (2020) that
43	43	"[t]he constitution does not constrain the States' ability to
44	44	regulate or even prohibit abortion"; and
45	45	(8) to therefore treat as void and of no effect any and
46	46	all federal statutes, regulations, treaties, orders, and court
47	47	rulings that would deprive an unborn child of the right to life or
48	48	prohibit the equal protection of that right.
49	49	SECTION 3. The heading to Section 151.002, Family Code, is
50	50	amended to read as follows:
51	51	Sec. 151.002. RIGHTS OF A LIVING CHILD [AFTER AN ABORTION OR
52	52	PREMATURE BIRTH; CIVIL PENALTY; CRIMINAL OFFENSE].
53	53	SECTION 4. Section 151.002(a), Family Code, is amended to
54	54	read as follows:
55	55	(a) A living human child, from the moment of fertilization
56	56	on fusion of a human spermatozoon with a human ovum, [born alive
57	57	after an abortion or premature birth] is entitled to the same
58	58	rights, powers, and privileges as are secured or granted by the laws
59	59	of this state to any other human child [born alive after the normal
60	60	gestation period].
61	61	SECTION 5. Subchapter B, Chapter 402, Government Code, is
62	62	amended by adding Section 402.0375 to read as follows:
63	63	Sec. 402.0375. ABORTION PROHIBITION ENFORCEMENT. The
64	64	attorney general shall monitor this state's enforcement of Chapters
65	65	19 and 22, Penal Code, in relation to abortion. The attorney
66	66	general shall direct a state agency to enforce those laws,
67	67	regardless of any contrary federal statute, regulation, treaty,
68	68	order, or court decision.
69	69	SECTION 6. The heading to Chapter 370, Local Government
70	70	Code, is amended to read as follows:
71	71	CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
72	72	COUNTY] HEALTH AND PUBLIC SAFETY FOR MORE THAN ONE TYPE OF LOCAL
73	73	GOVERNMENT
74	74	SECTION 7. Chapter 370, Local Government Code, is amended
75	75	by adding Section 370.007 to read as follows:
76	76	Sec. 370.007. ABORTION PROHIBITION ENFORCEMENT. The
77	77	governing body of a political subdivision of this state shall
78	78	ensure that the political subdivision enforces Chapters 19 and 22,
79	79	Penal Code, in relation to abortion, regardless of any contrary
80	80	federal statute, regulation, treaty, order, or court decision.
81	81	SECTION 8. Section 7.02(a), Penal Code, is amended to read
82	82	as follows:
83	83	(a) A person is criminally responsible for an offense
84	84	committed by the conduct of another if:
85	85	(1) acting with the kind of culpability required for
86	86	the offense, the actor [he] causes or aids an innocent or
87	87	nonresponsible person to engage in conduct prohibited by the
88	88	definition of the offense;
89	89	(2) acting with intent to promote or assist the
90	90	commission of the offense, the actor [he] solicits, encourages,
91	91	directs, aids, or attempts to aid the other person to commit the
92	92	offense; or
93	93	(3) having a legal duty to prevent commission of the
94	94	offense and acting with intent to promote or assist its commission,
95	95	the actor [he] fails to make a reasonable effort to prevent
96	96	commission of the offense.
97	97	SECTION 9. Section 8.02, Penal Code, is amended to read as
98	98	follows:
99	99	Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to
100	100	prosecution that the actor through mistake formed a reasonable
101	101	belief about a matter of fact if the actor's [his] mistaken belief
102	102	negated the kind of culpability required for commission of the
103	103	offense.
104	104	(b) Although an actor's mistake of fact may constitute a
105	105	defense to the offense charged, the actor [he] may nevertheless be
106	106	convicted of any lesser included offense of which the actor [he]
107	107	would be guilty if the fact were as the actor [he] believed.
108	108	SECTION 10. Sections 8.05(a), (b), (d), and (e), Penal
109	109	Code, are amended to read as follows:
110	110	(a) It is an affirmative defense to prosecution that the
111	111	actor engaged in the proscribed conduct because the actor [he] was
112	112	compelled to do so by threat of imminent death or serious bodily
113	113	injury to the actor [himself] or another person.
114	114	(b) In a prosecution for an offense that does not constitute
115	115	a felony, it is an affirmative defense to prosecution that the actor
116	116	engaged in the proscribed conduct because the actor [he] was
117	117	compelled to do so by force or threat of force.
118	118	(d) The defense provided by this section is unavailable if
119	119	the actor intentionally, knowingly, or recklessly placed the actor
120	120	[himself] in a situation in which it was probable that the actor
121	121	[he] would be subjected to compulsion.
122	122	(e) It is no defense that a person acted at the command or
123	123	persuasion of the actor's [his] spouse, unless the actor [he] acted
124	124	under compulsion that would establish a defense under this section.
125	125	SECTION 11. Section 9.22, Penal Code, is amended to read as
126	126	follows:
127	127	Sec. 9.22. NECESSITY. (a) Conduct is justified if:
128	128	(1) the actor reasonably believes the conduct is
129	129	immediately necessary to avoid imminent harm;
130	130	(2) the desirability and urgency of avoiding the harm
131	131	clearly outweigh, according to ordinary standards of
132	132	reasonableness, the harm sought to be prevented by the law
133	133	proscribing the conduct; and
134	134	(3) a legislative purpose to exclude the justification
135	135	claimed for the conduct does not otherwise plainly appear.
136	136	(b) Conduct is justified if the conduct charged is a lawful
137	137	medical procedure performed by a physician or other licensed health
138	138	care provider and intended to remove an ectopic pregnancy that
139	139	seriously threatens the life of the mother when a reasonable
140	140	alternative to save the lives of both the mother and the unborn
141	141	child is unavailable.
142	142	SECTION 12. Chapter 19, Penal Code, is amended by adding
143	143	Section 19.07 to read as follows:
144	144	Sec. 19.07. TESTIMONIAL IMMUNITY FOR OFFENSES INVOLVING
145	145	DEATH OF UNBORN CHILD. (a) This section applies only to an offense
146	146	under this chapter involving the death of an unborn child.
147	147	(b) A party to an offense to which this section applies may
148	148	be required to provide evidence or testify about the offense.
149	149	(c) A party to an offense to which this section applies may
150	150	not be prosecuted for any offense about which the party is required
151	151	to provide evidence or testify, and the evidence and testimony may
152	152	not be used against the party in any adjudicatory proceeding except
153	153	a prosecution for aggravated perjury. For purposes of this
154	154	subsection, "adjudicatory proceeding" means a proceeding before a
155	155	court or any other agency of government in which the legal rights,
156	156	powers, duties, or privileges of specified parties are determined.
157	157	SECTION 13. Chapter 22, Penal Code, is amended by adding
158	158	Section 22.13 to read as follows:
159	159	Sec. 22.13. TESTIMONIAL IMMUNITY FOR OFFENSES INVOLVING
160	160	INJURY TO UNBORN CHILD. (a) This section applies only to an
161	161	offense under this chapter involving bodily injury to an unborn
162	162	child.
163	163	(b) A party to an offense to which this section applies may
164	164	be required to provide evidence or testify about the offense.
165	165	(c) A party to an offense to which this section applies may
166	166	not be prosecuted for any offense about which the party is required
167	167	to provide evidence or testify, and the evidence and testimony may
168	168	not be used against the party in any adjudicatory proceeding except
169	169	a prosecution for aggravated perjury. For purposes of this
170	170	subsection, "adjudicatory proceeding" means a proceeding before a
171	171	court or any other agency of government in which the legal rights,
172	172	powers, duties, or privileges of specified parties are determined.
173	173	SECTION 14. Section 38.063(e-1), Education Code, is amended
174	174	to read as follows:
175	175	(e-1) A grant under this section may not be given to a
176	176	nonprofit organization that offers reproductive services,
177	177	contraceptive services, counseling, or referrals, or abortion [any
178	178	other] services [that require a license under Chapter 245, Health
179	179	and Safety Code,] or that is affiliated with a nonprofit
180	180	organization that is an abortion provider [licensed under Chapter
181	181	245, Health and Safety Code].
182	182	SECTION 15. Section 161.006(b), Family Code, is amended to
183	183	read as follows:
184	184	(b) In this code, "abortion" means the act of using or
185	185	prescribing an instrument, a drug, a medicine, or any other
186	186	substance, device, or means with the intent to cause the death of an
187	187	unborn child of a woman known to be pregnant. The term does not
188	188	include birth control devices or oral contraceptives. An act is not
189	189	an abortion if the act is done with the intent to:
190	190	(1) save the life or preserve the health of an unborn
191	191	child;
192	192	(2) remove a dead, unborn child whose death was caused
193	193	by spontaneous abortion; or
194	194	(3) remove an ectopic pregnancy that seriously
195	195	threatens the life of the mother when a reasonable alternative to
196	196	save the lives of both the mother and the unborn child is
197	197	unavailable [has the meaning assigned by Section 245.002, Health
198	198	and Safety Code].
199	199	SECTION 16. Section 266.010(a), Family Code, is amended to
200	200	read as follows:
201	201	(a) A foster child who is at least 16 years of age may
202	202	consent to the provision of medical care[, except as provided by
203	203	Chapter 33,] if the court with continuing jurisdiction determines
204	204	that the child has the capacity to consent to medical care. If the
205	205	child provides consent by signing a consent form, the form must be
206	206	written in language the child can understand.
207	207	SECTION 17. Section 501.065, Government Code, is amended to
208	208	read as follows:
209	209	Sec. 501.065. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL,
210	210	AND SURGICAL TREATMENT. An inmate who is younger than 18 years of
211	211	age and is confined in a facility operated by or under contract with
212	212	the department may, in accordance with procedures established by
213	213	the department, consent to medical, dental, psychological, and
214	214	surgical treatment for the inmate by a licensed health care
215	215	practitioner, or a person under the direction of a licensed health
216	216	care practitioner[, unless the treatment would constitute a
217	217	prohibited practice under Section 164.052(a)(19), Occupations
218	218	Code].
219	219	SECTION 18. Sections 2272.001(1) and (2), Government Code,
220	220	as added by Chapter 501 (S.B. 22), Acts of the 86th Legislature,
221	221	Regular Session, 2019, are amended to read as follows:
222	222	(1) "Abortion" means the act of using or prescribing
223	223	an instrument, a drug, a medicine, or any other substance, device,
224	224	or means with the intent to cause the death of an unborn child of a
225	225	woman known to be pregnant. The term does not include birth control
226	226	devices or oral contraceptives. An act is not an abortion if the act
227	227	is done with the intent to:
228	228	(A) save the life or preserve the health of an
229	229	unborn child;
230	230	(B) remove a dead, unborn child whose death was
231	231	caused by spontaneous abortion; or
232	232	(C) remove an ectopic pregnancy that seriously
233	233	threatens the life of the mother when a reasonable alternative to
234	234	save the lives of both the mother and the unborn child is
235	235	unavailable [has the meaning assigned by Section 245.002, Health
236	236	and Safety Code].
237	237	(2) "Abortion provider" means a person who performs or
238	238	induces an abortion [:
239	239	[(A) a facility licensed under Chapter 245,
240	240	Health and Safety Code; or
241	241	[(B) an ambulatory surgical center licensed
242	242	under Chapter 243, Health and Safety Code, that is used to perform
243	243	more than 50 abortions in any 12-month period].
244	244	SECTION 19. Section 32.046(e), Health and Safety Code, is
245	245	amended to read as follows:
246	246	(e) For purposes of this section, "postpartum depression"
247	247	means a disorder in which a woman experiences moderate to severe
248	248	depression following a pregnancy[, regardless of whether the
249	249	pregnancy resulted in birth, or an act defined by Section
250	250	245.002(1)].
251	251	SECTION 20. Section 248.003, Health and Safety Code, is
252	252	amended to read as follows:
253	253	Sec. 248.003. EXEMPTIONS. This chapter does not apply to:
254	254	(1) a home and community support services agency
255	255	required to be licensed under Chapter 142;
256	256	(2) a person required to be licensed under Chapter 241
257	257	(Texas Hospital Licensing Law);
258	258	(3) an institution required to be licensed under
259	259	Chapter 242;
260	260	(4) an ambulatory surgical center required to be
261	261	licensed under Chapter 243 (Texas Ambulatory Surgical Center
262	262	Licensing Act);
263	263	(5) a birthing center required to be licensed under
264	264	Chapter 244 (Texas Birthing Center Licensing Act);
265	265	(6) [a facility required to be licensed under Chapter
266	266	245 (Texas Abortion Facility Reporting and Licensing Act);
267	267	[(7)] a general residential operation, foster group
268	268	home, foster home, and child-placing agency, for children in foster
269	269	care or other residential care who are under the conservatorship of
270	270	the Department of Family and Protective Services; or
271	271	(7) [(8)] a person providing medical or nursing care
272	272	or services under a license or permit issued under other state law.
273	273	SECTION 21. The heading to Chapter 1218, Insurance Code, is
274	274	amended to read as follows:
275	275	CHAPTER 1218. COVERAGE FOR [ELECTIVE] ABORTION PROHIBITED[;
276	276	PROHIBITIONS AND REQUIREMENTS]
277	277	SECTION 22. Section 1218.001, Insurance Code, is amended to
278	278	read as follows:
279	279	Sec. 1218.001. DEFINITION. In this chapter, "abortion"
280	280	means the act of using or prescribing an instrument, a drug, a
281	281	medicine, or any other substance, device, or means with the intent
282	282	to cause the death of an unborn child of a woman known to be
283	283	pregnant. The term does not include birth control devices or oral
284	284	contraceptives. An act is not an abortion if the act is done with
285	285	the intent to:
286	286	(1) save the life or preserve the health of an unborn
287	287	child;
288	288	(2) remove a dead, unborn child whose death was caused
289	289	by spontaneous abortion; or
290	290	(3) remove an ectopic pregnancy that seriously
291	291	threatens the life of the mother when a reasonable alternative to
292	292	save the lives of both the mother and the unborn child is
293	293	unavailable ["elective abortion" means an abortion, as defined by
294	294	Section 245.002, Health and Safety Code, other than an abortion
295	295	performed due to a medical emergency as defined by Section 171.002,
296	296	Health and Safety Code].
297	297	SECTION 23. Section 1218.004, Insurance Code, is amended to
298	298	read as follows:
299	299	Sec. 1218.004. COVERAGE BY HEALTH BENEFIT PLAN. A health
300	300	benefit plan may not provide coverage for [elective] abortion [only
301	301	if:
302	302	[(1) the coverage is provided to an enrollee
303	303	separately from other health benefit plan coverage offered by the
304	304	health benefit plan issuer;
305	305	[(2) the enrollee pays the premium for coverage for
306	306	elective abortion separately from, and in addition to, the premium
307	307	for other health benefit plan coverage, if any; and
308	308	[(3) the enrollee provides a signature for coverage
309	309	for elective abortion, separately and distinct from the signature
310	310	required for other health benefit plan coverage, if any, provided
311	311	to the enrollee by the health benefit plan issuer].
312	312	SECTION 24. The heading to Chapter 1696, Insurance Code, is
313	313	amended to read as follows:
314	314	CHAPTER 1696. COVERAGE FOR [ELECTIVE] ABORTION; PROHIBITIONS AND
315	315	REQUIREMENTS
316	316	SECTION 25. Section 1696.001(1), Insurance Code, is amended
317	317	to read as follows:
318	318	(1) "Abortion" has the meaning assigned by Section
319	319	1218.001 ["Elective abortion" means an abortion, as defined by
320	320	Section 245.002, Health and Safety Code, other than an abortion
321	321	performed due to a medical emergency as defined by Section 171.002,
322	322	Health and Safety Code].
323	323	SECTION 26. Section 1696.002(a), Insurance Code, is amended
324	324	to read as follows:
325	325	(a) A qualified health plan offered through a health benefit
326	326	exchange may not provide coverage for [elective] abortion.
327	327	SECTION 27. Section 164.052(a), Occupations Code, is
328	328	amended to read as follows:
329	329	(a) A physician or an applicant for a license to practice
330	330	medicine commits a prohibited practice if that person:
331	331	(1) submits to the board a false or misleading
332	332	statement, document, or certificate in an application for a
333	333	license;
334	334	(2) presents to the board a license, certificate, or
335	335	diploma that was illegally or fraudulently obtained;
336	336	(3) commits fraud or deception in taking or passing an
337	337	examination;
338	338	(4) uses alcohol or drugs in an intemperate manner
339	339	that, in the board's opinion, could endanger a patient's life;
340	340	(5) commits unprofessional or dishonorable conduct
341	341	that is likely to deceive or defraud the public, as provided by
342	342	Section 164.053, or injure the public;
343	343	(6) uses an advertising statement that is false,
344	344	misleading, or deceptive;
345	345	(7) advertises professional superiority or the
346	346	performance of professional service in a superior manner if that
347	347	advertising is not readily subject to verification;
348	348	(8) purchases, sells, barters, or uses, or offers to
349	349	purchase, sell, barter, or use, a medical degree, license,
350	350	certificate, or diploma, or a transcript of a license, certificate,
351	351	or diploma in or incident to an application to the board for a
352	352	license to practice medicine;
353	353	(9) alters, with fraudulent intent, a medical license,
354	354	certificate, or diploma, or a transcript of a medical license,
355	355	certificate, or diploma;
356	356	(10) uses a medical license, certificate, or diploma,
357	357	or a transcript of a medical license, certificate, or diploma that
358	358	has been:
359	359	(A) fraudulently purchased or issued;
360	360	(B) counterfeited; or
361	361	(C) materially altered;
362	362	(11) impersonates or acts as proxy for another person
363	363	in an examination required by this subtitle for a medical license;
364	364	(12) engages in conduct that subverts or attempts to
365	365	subvert an examination process required by this subtitle for a
366	366	medical license;
367	367	(13) impersonates a physician or permits another to
368	368	use the person's license or certificate to practice medicine in
369	369	this state;
370	370	(14) directly or indirectly employs a person whose
371	371	license to practice medicine has been suspended, canceled, or
372	372	revoked;
373	373	(15) associates in the practice of medicine with a
374	374	person:
375	375	(A) whose license to practice medicine has been
376	376	suspended, canceled, or revoked; or
377	377	(B) who has been convicted of the unlawful
378	378	practice of medicine in this state or elsewhere;
379	379	(16) performs or procures a criminal abortion, aids or
380	380	abets in the procuring of a criminal abortion, attempts to perform
381	381	or procure a criminal abortion, or attempts to aid or abet the
382	382	performance or procurement of a criminal abortion;
383	383	(17) directly or indirectly aids or abets the practice
384	384	of medicine by a person, partnership, association, or corporation
385	385	that is not licensed to practice medicine by the board;
386	386	(18) performs an abortion as defined by Section
387	387	161.006(b), Family Code, on a woman who is pregnant [with a viable
388	388	unborn child during the third trimester of the pregnancy unless:
389	389	[(A) the abortion is necessary to prevent the
390	390	death of the woman;
391	391	[(B) the viable unborn child has a severe,
392	392	irreversible brain impairment; or
393	393	[(C) the woman is diagnosed with a significant
394	394	likelihood of suffering imminent severe, irreversible brain damage
395	395	or imminent severe, irreversible paralysis]; or
396	396	(19) [performs an abortion on an unemancipated minor
397	397	without the written consent of the child's parent, managing
398	398	conservator, or legal guardian or without a court order, as
399	399	provided by Section 33.003 or 33.004, Family Code, unless the
400	400	abortion is necessary due to a medical emergency, as defined by
401	401	Section 171.002, Health and Safety Code;
402	402	[(20) otherwise performs an abortion on an
403	403	unemancipated minor in violation of Chapter 33, Family Code;
404	404	[(21) performs or induces or attempts to perform or
405	405	induce an abortion in violation of Subchapter C, F, or G, Chapter
406	406	171, Health and Safety Code; or
407	407	[(22)] in complying with the procedures outlined in
408	408	Sections 166.045 and 166.046, Health and Safety Code, wilfully
409	409	fails to make a reasonable effort to transfer a patient to a
410	410	physician who is willing to comply with a directive.
411	411	SECTION 28. The following provisions are repealed:
412	412	(1) Section 71.003(c), Civil Practice and Remedies
413	413	Code;
414	414	(2) Chapter 33, Family Code;
415	415	(3) Sections 151.002(b), (c), (d), (e), (f), and (g),
416	416	Family Code;
417	417	(4) Section 2272.002, Government Code, as added by
418	418	Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular
419	419	Session, 2019;
420	420	(5) Chapters 170 and 171, Health and Safety Code;
421	421	(6) Section 241.007, Health and Safety Code;
422	422	(7) Section 241.011, Health and Safety Code;
423	423	(8) Section 243.017, Health and Safety Code;
424	424	(9) Chapter 245, Health and Safety Code;
425	425	(10) Section 285.202, Health and Safety Code;
426	426	(11) Section 1218.003, Insurance Code;
427	427	(12) Section 1218.005, Insurance Code;
428	428	(13) Section 1218.006, Insurance Code;
429	429	(14) Section 1696.002(b), Insurance Code;
430	430	(15) Chapter 103, Occupations Code;
431	431	(16) Section 164.052(c), Occupations Code;
432	432	(17) Section 164.055, Occupations Code;
433	433	(18) Section 164.0551, Occupations Code;
434	434	(19) Section 19.06, Penal Code;
435	435	(20) Section 20.01(5), Penal Code;
436	436	(21) Section 22.12, Penal Code; and
437	437	(22) Section 49.12, Penal Code.
438	438	SECTION 29. (a) The changes in law made by this Act apply
439	439	only to conduct that occurs on or after the effective date of this
440	440	Act. Conduct that occurs before the effective date of this Act is
441	441	governed by the law in effect immediately before the effective date
442	442	of this Act, and that law is continued in effect for that purpose.
443	443	(b) The changes in law made by this Act apply only to an
444	444	offense committed on or after the effective date of this Act. An
445	445	offense committed before the effective date of this Act is governed
446	446	by the law in effect when the offense was committed, and the former
447	447	law is continued in effect for that purpose. For purposes of this
448	448	section, an offense is committed before the effective date of this
449	449	Act if any element of the offense occurs before the effective date.
450	450	(c) Chapters 1218 and 1696, Insurance Code, as amended by
451	451	this Act, apply only to a health benefit plan delivered, issued for
452	452	delivery, or renewed on or after the effective date of this Act. A
453	453	health benefit plan delivered, issued for delivery, or renewed
454	454	before the effective date of this Act is governed by the law in
455	455	effect immediately before the effective date of this Act, and that
456	456	law is continued in effect for that purpose.
457	457	SECTION 30. Any federal statute, regulation, treaty, order,
458	458	or court decision that purports to supersede, stay, or overrule
459	459	this Act is in violation of the Texas Constitution and the United
460	460	States Constitution and is therefore void. The State of Texas, a
461	461	political subdivision of this state, and any agent of this state or
462	462	a political subdivision of this state may, but is not required to,
463	463	enter an appearance, special or otherwise, in any federal suit
464	464	challenging this Act.
465	465	SECTION 31. A provision of this Act is not severable from
466	466	any of the Act's other provisions. If any provision is held invalid,
467	467	all provisions are invalid.
468	468	SECTION 32. This Act takes effect immediately if it
469	469	receives a vote of two-thirds of all the members elected to each
470	470	house, as provided by Section 39, Article III, Texas Constitution.
471	471	If this Act does not receive the vote necessary for immediate
472	472	effect, this Act takes effect September 1, 2021.