Texas 2021 - 87th Regular

Texas House Bill HB3760 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R19390 SCL-D
2		-	By: Oliverson, Klick, Price, Schaefer, H.B. No. 3760
3		-	et al.
4		-	Substitute the following for H.B. No. 3760:
5		-	By: Klick C.S.H.B. No. 3760
	1	+	87R14596 TYPED
	2	+	By: Oliverson H.B. No. 3760
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to information regarding perinatal palliative care,
11	8		regulation of abortion, and the availability of certain defenses to
12		-	prosecution for homicide and assault offenses; ~~creating a criminal~~
13		-	~~offense~~.
	9	+	prosecution for homicide and assault offenses; providing an
	10	+	administrative penalty; creating criminal offenses.
14	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	12		ARTICLE 1. LEGISLATIVE FINDINGS
16	13		SECTION 1.01. The legislature finds that:
17	14		(1) Texas has a compelling state interest in
18	15		protecting all Texans from discrimination based on sex, race, and
19		-	disability;
	16	+	disability; and
20	17		(2) Texas enforces prohibitions against
21	18		discrimination based on sex, race, and disability in various areas,
22	19		including housing, employment, education, insurance, and health
23		-	program and service provision; and
24		-	(3) Texas never repealed, either expressly or by
25		-	implication, the state statutes enacted before the ruling in Roe v.
26		-	Wade, 410 U.S. 113 (1973), that prohibit and criminalize abortion
27		-	unless the mother's life is in danger.
28		-	ARTICLE 2. DISCRIMINATORY ABORTIONS PROHIBITED
	20	+	program and service provision.
	21	+	ARTICLE 2. PROVISIONS EFFECTIVE SEPTEMBER 1, 2021
29	22		SECTION 2.01. Chapter 161, Health and Safety Code, is
30	23		amended by adding Subchapter X to read as follows:
31	24		SUBCHAPTER X. PERINATAL PALLIATIVE CARE
32	25		Sec. 161.701. PURPOSE OF SUBCHAPTER. The purpose of this
33	26		subchapter is to ensure that a pregnant woman who receives a
34	27		diagnosis of a life-threatening disability of the woman's preborn
35	28		child is informed of the availability of perinatal palliative care.
36	29		Sec. 161.702. DEFINITION. In this subchapter, "perinatal
37	30		palliative care" means the provision of comprehensive, supportive
38	31		care to reduce the suffering of a pregnant woman, her preborn child,
39	32		and her family, from diagnosis of the preborn child's
40	33		life-threatening disability through the delivery and possible
41	34		death of the child as a result of the life-threatening disability.
42	35		The term includes medical, social, and mental health care,
43	36		including counseling and health care provided by maternal-fetal
44	37		medical specialists, obstetricians, neonatologists, anesthesia
45	38		specialists, specialty nurses, clergy, social workers, and other
46	39		individuals focused on alleviating fear and pain and ensuring the
47	40		pregnant woman, her preborn child, and her family experience a
48	41		supportive environment.
49	42		Sec. 161.703. PERINATAL PALLIATIVE CARE INFORMATIONAL
50	43		MATERIALS. (a) The commission shall develop perinatal palliative
51	44		care informational materials and post the materials on the
52	45		commission's Internet website. The materials must include:
53	46		(1) a description of the health care and other
54	47		services available through perinatal palliative care; and
55	48		(2) information about medical assistance benefits
56	49		that may be available for prenatal care, childbirth, and perinatal
57	50		palliative care.
58	51		(b) The commission shall develop, regularly update, and
59	52		publish a geographically indexed list of all perinatal palliative
60	53		care providers and programs in this state. The commission may
61	54		include perinatal palliative care providers and programs in other
62	55		states that provide care to residents of this state but may not
63	56		include an abortion provider, as defined by Section 171.002, or an
64	57		affiliate, as defined by Section 2272.001, Government Code, as
65	58		added by Chapter 501 (S.B. 22), Acts of the 86th Legislature,
66	59		Regular Session, 2019, of an abortion provider. The commission
67	60		shall post the list of perinatal palliative care providers and
68	61		programs, including contact information, on the commission's
69	62		Internet website and note the providers and programs that provide
70	63		services free of charge.
71	64		Sec. 161.704. PERINATAL PALLIATIVE CARE CERTIFICATION
72	65		FORM. The commission shall develop a form on which a pregnant woman
73	66		certifies that she has received the perinatal palliative care
74	67		informational materials and list of the perinatal palliative care
75	68		providers and programs described by Section 161.703.
76	69		Sec. 161.705. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF
77	70		PREBORN CHILD'S LIFE-THREATENING DISABILITY. A health care
78	71		provider who diagnoses a pregnant woman's preborn child as having a
79	72		life-threatening disability shall, at the time of the diagnosis:
80	73		(1) provide the pregnant woman with a written copy of:
81	74		(A) the perinatal palliative care informational
82	75		materials and list of the perinatal palliative care providers and
83	76		programs described by Section 161.703; and
84	77		(B) the perinatal palliative care certification
85	78		form described by Section 161.704; and
86	79		(2) obtain from the pregnant woman the signed
87	80		perinatal palliative care certification form and place the form in
88	81		the pregnant woman's medical records.
89	82		Sec. 161.706. EXCEPTION. A health care provider is not
90	83		required to provide the perinatal palliative care informational
91	84		materials or perinatal palliative care certification form under
92	85		this subchapter if the health care provider verifies the pregnant
93	86		woman's medical record contains a signed perinatal palliative care
94	87		certification form for that pregnancy as required under Section
95	88		161.705(2).
96	89		SECTION 2.02. Chapter 170, Health and Safety Code, is
97	90		amended by designating Sections 170.001 and 170.002 as Subchapter A
98	91		and adding a subchapter heading to read as follows:
99	92		SUBCHAPTER A. GENERAL PROVISIONS; POST-VIABILITY ABORTION
100	93		PROHIBITED
101	94		SECTION 2.03. Section 170.001, Health and Safety Code, is
102	95		amended by adding Subdivision (2-a) to read as follows:
103	96		(2-a) "Preborn child" means an unborn child as defined
104	97		by Section 171.061.
105	98		SECTION 2.04. Section 170.002, Health and Safety Code, is
106	99		amended to read as follows:
107	100		Sec. 170.002. PROHIBITED ACTS; EXEMPTION. (a) Except as
108	101		provided by Subsection (b), a person may not intentionally or
109	102		knowingly perform or induce an abortion on a woman who is pregnant
110	103		with a preborn [viable unborn] child during the third trimester of
111	104		the pregnancy.
112	105		(b) Subsection (a) does not prohibit a person from
113	106		performing or inducing an abortion if at the time of the abortion
114	107		the person is a physician and concludes in good faith according to
115	108		the physician's best medical judgment that[:
116	109		[(1) the fetus is not a viable fetus and the pregnancy
117	110		is not in the third trimester;
118	111		[(2)] the abortion is necessary due to a medical
119	112		emergency, as defined by Section 171.002 [to prevent the death or a
120	113		substantial risk of serious impairment to the physical or mental
121	114		health of the woman; or
122	115		[(3) the fetus has a severe and irreversible
123	116		abnormality, identified by reliable diagnostic procedures].
124	117		(c) A physician who performs or induces an abortion that,
125	118		according to the physician's best medical judgment at the time of
126	119		the abortion, is to abort a preborn [viable unborn] child during the
127	120		third trimester of the pregnancy shall certify in writing to the
128	121		commission, on a form prescribed by the commission, the medical
129	122		indications supporting the physician's judgment that the abortion
130	123		was authorized by Subsection (b) [(b)(2) or (3). If the physician
131	124		certifies the abortion was authorized by Subsection (b)(3), the
132	125		physician shall certify in writing on the form the fetal
133	126		abnormality identified by the physician]. The certification must
134	127		be made not later than the 30th day after the date the abortion was
135	128		performed or induced.
136	129		SECTION 2.05. Chapter 170, Health and Safety Code, is
137	130		amended by adding Subchapter B to read as follows:
138	131		SUBCHAPTER B. PREBORN NONDISCRIMINATION ACT
139	132		Sec. 170.051. DEFINITION. In this subchapter, "disability"
140	133		means:
141	134		(1) a physical or mental impairment that would
142	135		substantially limit one or more of an individual's major life
143	136		activities;
144	137		(2) an assessment referencing an individual's
145	138		impairment described by Subdivision (1); or
146	139		(3) a physical disfigurement, scoliosis, dwarfism,
147	140		Down syndrome, albinism, amelia, or any other type of physical,
148	141		mental, or intellectual abnormality or disease.
149	142		Sec. 170.052. DISCRIMINATORY ABORTION PROHIBITED. A person
150	143		may not:
151	144		(1) knowingly perform or induce or attempt to perform
152	145		or induce on a pregnant woman an abortion based on the race,
153	146		ethnicity, sex, or disability of the woman's preborn child,
154	147		including a probability of diagnosis that the child has a
155	148		disability; or
156	149		(2) use force or the threat of force to intentionally
157	150		injure or intimidate a person to coerce the performance or
158	151		inducement or attempted performance or inducement of an abortion
159	152		based on the race, ethnicity, sex, or disability of the woman's
160	153		preborn child, including a probability of diagnosis that the child
161	154		has a disability.
162	155		Sec. 170.053. CRIMINAL PENALTY. (a) A person who violates
163	156		Section 170.052 commits an offense. An offense under this
164	157		subsection is a Class A misdemeanor.
165	158		(b) A woman on whom an abortion is performed or induced or
166	159		attempted to be performed or induced in violation of Section
167	160		170.052 may not be prosecuted for a violation of that section or for
168	161		conspiracy to commit a violation of that section.
169	162		Sec. 170.054. LICENSE SUSPENSION OR REVOCATION. A
170	163		physician who violates Section 170.052 engages in unprofessional
171	164		conduct for which the physician's license may be suspended or
172	165		revoked under Chapter 164, Occupations Code.
173	166		Sec. 170.055. CIVIL REMEDIES. (a) A civil action may be
174	167		brought against a person who violates Section 170.052 by:
175	168		(1) the woman on whom an abortion was performed or
176	169		induced or attempted to be performed or induced in violation of
177	170		Section 170.052;
178	171		(2) the father of the preborn child for an abortion
179	172		performed or induced or attempted to be performed or induced on a
180	173		pregnant woman in violation of Section 170.052, unless the woman's
181	174		pregnancy resulted from the father's criminal conduct; or
182	175		(3) a maternal grandparent of the preborn child for an
183	176		abortion performed or induced or attempted to be performed or
184	177		induced in violation of Section 170.052 on a pregnant woman who was
185	178		less than 18 years of age at the time of the violation, unless the
186	179		woman's pregnancy resulted from the maternal grandparent's criminal
187	180		conduct.
188	181		(b) A person who brings an action under this section may
189	182		obtain:
190	183		(1) injunctive relief;
191	184		(2) damages incurred by the person, including:
192	185		(A) actual damages for all psychological,
193	186		emotional, and physical injuries resulting from the violation of
194	187		Section 170.052;
195	188		(B) court costs; and
196	189		(C) reasonable attorney's fees; or
197	190		(3) both injunctive relief and damages.
198	191		(c) An action for damages or injunctive relief under this
199	192		section must be filed:
200	193		(1) in a district court in the county in which the
201	194		woman on whom an abortion was performed or induced or attempted to
202	195		be performed or induced in violation of Section 170.052 resides;
203	196		and
204	197		(2) not later than the sixth anniversary of the date
205	198		the abortion was performed or induced or attempted to be performed
206	199		or induced in violation of Section 170.052.
207	200		(d) The damages and injunctive relief authorized by this
208	201		section are in addition to any other remedy available by law.
209	202		(e) A civil action under this section may not be brought
210	203		against a woman on whom an abortion is performed or induced or
211	204		attempted to be performed or induced in violation of Section
212	205		170.052.
213	206		SECTION 2.06. Section 171.002, Health and Safety Code, is
214	207		amended by adding Subdivision (3-a) to read as follows:
215	208		(3-a) "Preborn child" means an unborn child as defined
216	209		by Section 171.061.
217	210		SECTION 2.07. Subchapter A, Chapter 171, Health and Safety
218		-	Code, is amended by adding Sections 171.0055 and 171.008 to read as
219		-	follows:
220		-	Sec. 171.0055. REPORT BY ATTORNEY GENERAL. (a) The
221		-	attorney general shall certify and submit a written report to the
222		-	governor and the legislature not later than the 31st day after the
223		-	date any of the following occurs:
224		-	(1) the issuance of a United States Supreme Court
225		-	judgment in a decision overruling, wholly or partly, Roe v. Wade,
226		-	410 U.S. 113 (1973), as modified by Planned Parenthood v. Casey, 505
227		-	U.S. 833 (1992), thereby allowing the states to prohibit abortion;
228		-	(2) the issuance of any other United States Supreme
229		-	Court judgment in a decision that recognizes, wholly or partly, the
230		-	authority of states to prohibit abortion; or
231		-	(3) the adoption of an amendment to the United States
232		-	Constitution that, wholly or partly, restores to the states the
233		-	authority to prohibit abortion.
234		-	(b) The attorney general shall make available a copy of the
235		-	report required by Subsection (a) on the attorney general's
236		-	Internet website not later than the 31st day after the date the
237		-	attorney general submits the report.
	211	+	Code, is amended by adding Section 171.008 to read as follows:
238	212		Sec. 171.008. REQUIRED DOCUMENTATION. (a) If an abortion
239	213		is performed or induced on a pregnant woman because of a medical
240	214		emergency, the physician who performs or induces the abortion shall
241	215		execute a written document that certifies the abortion is necessary
242	216		due to a medical emergency and specifies the woman's medical
243	217		condition requiring the abortion.
244	218		(b) A physician shall:
245	219		(1) place the document described by Subsection (a) in
246	220		the pregnant woman's medical record; and
247	221		(2) maintain a copy of the document described by
248	222		Subsection (a) in the physician's practice records.
249	223		(c) A physician who performs or induces an abortion on a
250	224		pregnant woman shall:
251	225		(1) if the abortion is performed or induced to
252	226		preserve the health of the pregnant woman, execute a written
253	227		document that:
254	228		(A) specifies the medical condition the abortion
255	229		is asserted to address; and
256	230		(B) provides the medical rationale for the
257	231		physician's conclusion that the abortion is necessary to address
258	232		the medical condition; or
259	233		(2) for an abortion other than an abortion described
260	234		by Subdivision (1), specify in a written document that maternal
261	235		health is not a purpose of the abortion.
262	236		(d) The physician shall maintain a copy of a document
263	237		described by Subsection (c) in the physician's practice records.
264	238		SECTION 2.08. Section 171.012, Health and Safety Code, is
265	239		amended by amending Subsection (a) and adding Subsections (g) and
266	240		(h) to read as follows:
267	241		(a) Consent to an abortion is voluntary and informed only
268	242		if:
269	243		(1) the physician who is to perform or induce the
270	244		abortion informs the pregnant woman on whom the abortion is to be
271	245		performed or induced of:
272	246		(A) the physician's name;
273	247		(B) the particular medical risks associated with
274	248		the particular abortion procedure to be employed, including, when
275	249		medically accurate:
276	250		(i) the risks of infection and hemorrhage;
277	251		(ii) the potential danger to a subsequent
278	252		pregnancy and of infertility; and
279	253		(iii) the possibility of increased risk of
280	254		breast cancer following an induced abortion and the natural
281	255		protective effect of a completed pregnancy in avoiding breast
282	256		cancer;
283	257		(C) the probable gestational age of the preborn
284	258		[unborn] child at the time the abortion is to be performed or
285	259		induced; [and]
286	260		(D) the medical risks associated with carrying
287	261		the preborn child to term; and
288	262		(E) the state law prohibiting abortion of a
289	263		preborn child solely based on the preborn child's race, ethnicity,
290		-	sex, or disability as defined by Section 170.051, including a
	264	+	sex, or disability, as defined by Section 170.051, including a
291	265		probability of diagnosis that the child has a disability;
292	266		(2) the physician who is to perform or induce the
293	267		abortion or the physician's agent informs the pregnant woman that:
294	268		(A) medical assistance benefits may be available
295	269		for prenatal care, childbirth, and neonatal care;
296	270		(B) the father is liable for assistance in the
297	271		support of the child without regard to whether the father has
298	272		offered to pay for the abortion; and
299	273		(C) public and private agencies provide
300	274		pregnancy prevention counseling and medical referrals for
301	275		obtaining pregnancy prevention medications or devices, including
302	276		emergency contraception for victims of rape or incest;
303	277		(3) the physician who is to perform or induce the
304	278		abortion or the physician's agent:
305	279		(A) provides the pregnant woman with the printed
306	280		materials described by Section 171.014; and
307	281		(B) informs the pregnant woman that those
308	282		materials:
309	283		(i) have been provided by the commission
310	284		[Department of State Health Services];
311	285		(ii) are accessible on an Internet website
312	286		sponsored by the commission [department];
313	287		(iii) describe the preborn [unborn] child
314	288		and list agencies that offer alternatives to abortion; and
315	289		(iv) include a list of agencies that offer
316	290		sonogram services at no cost to the pregnant woman;
317	291		(4) before any sedative or anesthesia is administered
318	292		to the pregnant woman and at least 24 hours before the abortion or
319	293		at least two hours before the abortion if the pregnant woman waives
320	294		this requirement by certifying that she currently lives 100 miles
321	295		or more from the nearest abortion provider that is a facility
322	296		licensed under Chapter 245 or a facility that performs or induces
323	297		more than 50 abortions in any 12-month period:
324	298		(A) the physician who is to perform or induce the
325	299		abortion or an agent of the physician who is also a sonographer
326	300		certified by a national registry of medical sonographers performs a
327	301		sonogram on the pregnant woman on whom the abortion is to be
328	302		performed or induced;
329	303		(B) the physician who is to perform or induce the
330	304		abortion displays the sonogram images in a quality consistent with
331	305		current medical practice in a manner that the pregnant woman may
332	306		view them;
333	307		(C) the physician who is to perform or induce the
334	308		abortion provides, in a manner understandable to a layperson, a
335	309		verbal explanation of the results of the sonogram images, including
336	310		a medical description of the dimensions of the embryo or fetus, the
337	311		presence of cardiac activity, and the presence of external members
338	312		and internal organs; and
339	313		(D) the physician who is to perform or induce the
340	314		abortion or an agent of the physician who is also a sonographer
341	315		certified by a national registry of medical sonographers makes
342	316		audible the heart auscultation for the pregnant woman to hear, if
343	317		present, in a quality consistent with current medical practice and
344	318		provides, in a manner understandable to a layperson, a simultaneous
345	319		verbal explanation of the heart auscultation;
346	320		(5) before receiving a sonogram under Subdivision
347	321		(4)(A) and before the abortion is performed or induced and before
348	322		any sedative or anesthesia is administered, the pregnant woman
349	323		completes and certifies with her signature an election form that
350	324		states as follows:
351	325		"ABORTION AND SONOGRAM ELECTION
352	326		(1) THE INFORMATION AND PRINTED MATERIALS
353	327		DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
354	328		AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
355	329		ME.
356		-	(2) I UNDERSTAND THE NATURE AND ~~CONSEQUENCES OF~~
357		-	AN ABORTION.
358		-	(3) TEXAS LAW REQUIRES THAT I RECEIVE A ~~SONOGRAM~~
359		-	PRIOR TO RECEIVING AN ABORTION.
360		-	(4) I UNDERSTAND THAT I HAVE THE OPTION TO ~~VIEW~~
361		-	THE SONOGRAM IMAGES.
362		-	(5) I UNDERSTAND THAT I HAVE THE OPTION TO ~~HEAR~~
363		-	THE HEARTBEAT.
364		-	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO
365		-	HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
	330	+	(2) I UNDERSTAND THE NATURE AND
	331	+	CONSEQUENCES OF AN ABORTION.
	332	+	(3) TEXAS LAW REQUIRES THAT I RECEIVE A
	333	+	SONOGRAM PRIOR TO RECEIVING AN ABORTION.
	334	+	(4) I UNDERSTAND THAT I HAVE THE OPTION TO
	335	+	VIEW THE SONOGRAM IMAGES.
	336	+	(5) I UNDERSTAND THAT I HAVE THE OPTION TO
	337	+	HEAR THE HEARTBEAT.
	338	+	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW
	339	+	TO HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
366	340		CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
367	341		___ I AM PREGNANT AS A RESULT OF A SEXUAL
368	342		ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL
369	343		CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT
370	344		AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I
371	345		REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK
372	346		OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
373		-	___ I AM A MINOR AND OBTAINING AN ABORTION IN
374		-	ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
	347	+	___ I AM A MINOR AND OBTAINING AN ABORTION
	348	+	IN ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
375	349		CHAPTER 33, TEXAS FAMILY CODE.
376		-	___ MY PREBORN CHILD [FETUS] HAS AN ~~IRREVERSIBLE~~
377		-	MEDICAL CONDITION OR ABNORMALITY, AS ~~IDENTIFIED BY~~
378		-	RELIABLE DIAGNOSTIC PROCEDURES AND ~~DOCUMENTED IN MY~~
379		-	MEDICAL FILE.
380		-	(7) I AM MAKING THIS ELECTION OF MY OWN ~~FREE WILL~~
381		-	AND WITHOUT COERCION.
382		-	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE ~~FROM~~
383		-	THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
	350	+	___ MY PREBORN CHILD [FETUS] HAS AN
	351	+	IRREVERSIBLE MEDICAL CONDITION OR ABNORMALITY, AS
	352	+	IDENTIFIED BY RELIABLE DIAGNOSTIC PROCEDURES AND
	353	+	DOCUMENTED IN MY MEDICAL FILE.
	354	+	(7) I AM MAKING THIS ELECTION OF MY OWN
	355	+	FREE WILL AND WITHOUT COERCION.
	356	+	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE
	357	+	FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
384	358		LICENSED UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY
385	359		CODE, OR A FACILITY THAT PERFORMS OR INDUCES MORE THAN
386	360		50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
387	361		I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100
388	362		MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT
389	363		IS A FACILITY LICENSED UNDER CHAPTER 245, TEXAS HEALTH
390	364		AND SAFETY CODE, OR A FACILITY THAT PERFORMS OR INDUCES
391	365		MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE
392	366		THE REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS
393	367		PERFORMED BEFORE RECEIVING THE ABORTION PROCEDURE. MY
394	368		PLACE OF RESIDENCE IS:__________.
395		-	_____________________~~___________________~~
	369	+	__________________ _____________________
396	370		SIGNATURE DATE";
397	371		(6) before the abortion is performed or induced, the
398	372		physician who is to perform or induce the abortion receives a copy
399	373		of the signed, written certification required by Subdivision (5);
400	374		and
401	375		(7) the pregnant woman is provided the name of each
402	376		person who provides or explains the information required under this
403	377		subsection.
404	378		(g) If the pregnant woman's preborn child has been diagnosed
405	379		with a life-threatening disability, the physician who is to perform
406		-	the abortion shall, at least 24 hours before the abortion or at
407		-	least two hours before the abortion if the pregnant woman waives
408		-	this requirement by certifying that she currently lives 100 miles
409		-	or more from the nearest abortion provider that is a facility
410		-	licensed under Chapter 245 or a facility in which more than 50
411		-	abortions are performed in any 12-month period:
	380	+	or induce the abortion shall, at least 24 hours before the abortion:
412	381		(1) orally and in person, inform the pregnant woman of
413	382		the availability of perinatal palliative care, as that term is
414	383		defined by Section 161.702; and
415	384		(2) provide the pregnant woman with a written copy of:
416	385		(A) the perinatal palliative care informational
417	386		materials and list of the perinatal palliative care providers and
418	387		programs described by Section 161.703; and
419	388		(B) the perinatal palliative care certification
420	389		form described by Section 161.704.
421	390		(h) If a pregnant woman described by Subsection (g), after
422	391		receiving from the physician who is to perform or induce the
423	392		abortion the perinatal palliative care informational materials and
424	393		certification form described by that subsection in the manner
425	394		required by that subsection, chooses to have an abortion instead of
426	395		continuing the pregnancy in perinatal palliative care, the
427	396		physician may perform or induce the abortion only after:
428	397		(1) the pregnant woman signs the certification form;
429	398		and
430	399		(2) the physician places the signed certification form
431	400		in the pregnant woman's medical records.
432	401		SECTION 2.09. Section 171.0121, Health and Safety Code, is
433	402		amended to read as follows:
434	403		Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion
435	404		begins, a copy of the signed, written certification received by the
436	405		physician under Section 171.012(a)(6) and, if applicable, under
437	406		Section 161.704 must be placed in the pregnant woman's medical
438	407		records.
439	408		(b) A copy of the signed, written certification required
440	409		under Sections 171.012(a)(5) and (6) and of any signed, written
441	410		certification required under Section 161.704 shall be retained by
442	411		the facility where the abortion is performed or induced until:
443	412		(1) the seventh anniversary of the date the
444	413		certification [it] is signed; or
445	414		(2) if the pregnant woman is a minor, the later of:
446	415		(A) the seventh anniversary of the date the
447	416		certification [it] is signed; or
448	417		(B) the woman's 21st birthday.
449	418		SECTION 2.10. Section 171.014(a), Health and Safety Code,
450	419		is amended to read as follows:
451	420		(a) The department shall publish informational materials
452	421		that include:
453	422		(1) the information required to be provided under
454	423		Sections 171.012(a)(1)(B), [and] (D), and (E) and (a)(2)(A), (B),
455	424		and (C); and
456	425		(2) the materials required by Sections 161.703,
457	426		171.015, and 171.016.
458	427		SECTION 2.11. The heading to Subchapter C, Chapter 171,
459	428		Health and Safety Code, is amended to read as follows:
460	429		SUBCHAPTER C. ABORTION PROHIBITED AT OR AFTER 20 WEEKS PROBABLE
461	430		GESTATIONAL AGE [POST-FERTILIZATION]
462	431		SECTION 2.12. Section 171.042, Health and Safety Code, is
463	432		amended by adding Subdivision (1-a) to read as follows:
464	433		(1-a) "Probable gestational age" means the duration of
465	434		a pregnancy measured by the number of weeks and days that have
466	435		elapsed from the first day of the pregnant woman's last menstrual
467	436		period out of an expected 40-week gestation.
468	437		SECTION 2.13. Sections 171.043, 171.044, and 171.045,
469	438		Health and Safety Code, are amended to read as follows:
470	439		Sec. 171.043. DETERMINATION OF PROBABLE GESTATIONAL
471	440		[POST-FERTILIZATION] AGE REQUIRED. Except as otherwise provided by
472	441		Section 171.046, a physician may not perform or induce or attempt to
473	442		perform or induce an abortion without, prior to the procedure:
474	443		(1) making a determination of the probable gestational
475	444		[post-fertilization] age of the preborn [unborn] child; or
476	445		(2) possessing and relying on a determination of the
477	446		probable gestational [post-fertilization] age of the preborn
478	447		[unborn] child made by another physician.
479	448		Sec. 171.044. ABORTION OF PREBORN [UNBORN] CHILD OF 20 OR
480	449		MORE WEEKS PROBABLE GESTATIONAL [POST-FERTILIZATION] AGE
481	450		PROHIBITED. Except as otherwise provided by Section 171.046, a
482	451		person may not perform or induce or attempt to perform or induce an
483	452		abortion on a woman if it has been determined, by the physician
484	453		performing, inducing, or attempting to perform or induce the
485	454		abortion or by another physician on whose determination that
486	455		physician relies, that the probable gestational
487	456		[post-fertilization] age of the preborn [unborn] child is 20 or
488	457		more weeks.
489	458		Sec. 171.045. METHOD OF ABORTION. (a) This section applies
490	459		only to an abortion authorized under Section 171.046(a)(1) or (2)
491	460		in which:
492	461		(1) the probable gestational [post-fertilization] age
493	462		of the preborn [unborn] child is 20 or more weeks; or
494	463		(2) the probable gestational [post-fertilization] age
495	464		of the preborn [unborn] child has not been determined but could
496	465		reasonably be 20 or more weeks.
497	466		(b) Except as otherwise provided by Section 171.046(a)(3),
498	467		a physician performing or inducing an abortion under Subsection (a)
499	468		shall terminate the pregnancy in the manner that, in the
500	469		physician's reasonable medical judgment, provides the best
501	470		opportunity for the preborn [unborn] child to survive.
502	471		SECTION 2.14. Section 171.046(a), Health and Safety Code,
503	472		is amended to read as follows:
504	473		(a) The prohibitions and requirements under Sections
505	474		171.043, 171.044, and 171.045(b) do not apply to an abortion
506	475		performed or induced if there exists a condition that, in the
507	476		physician's reasonable medical judgment, so complicates the
508	477		medical condition of the woman that, to avert the woman's death or a
509	478		serious risk of substantial and irreversible physical impairment of
510	479		a major bodily function, other than a psychological condition, it
511	480		necessitates, as applicable:
512	481		(1) the immediate abortion of her pregnancy without
513	482		the delay necessary to determine the probable gestational
514	483		[post-fertilization] age of the preborn [unborn] child;
515	484		(2) the abortion of her pregnancy even though the
516	485		probable gestational [post-fertilization] age of the preborn
517	486		[unborn] child is 20 or more weeks; or
518	487		(3) the use of a method of abortion other than a method
519	488		described by Section 171.045(b).
520	489		SECTION 2.15. Section 285.202(a), Health and Safety Code,
521	490		is amended to read as follows:
522	491		(a) In this section, "medical emergency" means[:
523	492		[(1)] a condition exists that, in a physician's good
524	493		faith clinical judgment, complicates the medical condition of the
525	494		pregnant woman and necessitates the immediate abortion of her
526	495		pregnancy to avert her death or to avoid a serious risk of
527	496		substantial impairment of a major bodily function[; or
528	497		[(2) the fetus has a severe fetal abnormality].
529	498		SECTION 2.16. Section 164.052(a), Occupations Code, is
530	499		amended to read as follows:
531	500		(a) A physician or an applicant for a license to practice
532	501		medicine commits a prohibited practice if that person:
533	502		(1) submits to the board a false or misleading
534	503		statement, document, or certificate in an application for a
535	504		license;
536	505		(2) presents to the board a license, certificate, or
537	506		diploma that was illegally or fraudulently obtained;
538	507		(3) commits fraud or deception in taking or passing an
539	508		examination;
540	509		(4) uses alcohol or drugs in an intemperate manner
541	510		that, in the board's opinion, could endanger a patient's life;
542	511		(5) commits unprofessional or dishonorable conduct
543	512		that is likely to deceive or defraud the public, as provided by
544	513		Section 164.053, or injure the public;
545	514		(6) uses an advertising statement that is false,
546	515		misleading, or deceptive;
547	516		(7) advertises professional superiority or the
548	517		performance of professional service in a superior manner if that
549	518		advertising is not readily subject to verification;
550	519		(8) purchases, sells, barters, or uses, or offers to
551	520		purchase, sell, barter, or use, a medical degree, license,
552	521		certificate, or diploma, or a transcript of a license, certificate,
553	522		or diploma in or incident to an application to the board for a
554	523		license to practice medicine;
555	524		(9) alters, with fraudulent intent, a medical license,
556	525		certificate, or diploma, or a transcript of a medical license,
557	526		certificate, or diploma;
558	527		(10) uses a medical license, certificate, or diploma,
559	528		or a transcript of a medical license, certificate, or diploma that
560	529		has been:
561	530		(A) fraudulently purchased or issued;
562	531		(B) counterfeited; or
563	532		(C) materially altered;
564	533		(11) impersonates or acts as proxy for another person
565	534		in an examination required by this subtitle for a medical license;
566	535		(12) engages in conduct that subverts or attempts to
567	536		subvert an examination process required by this subtitle for a
568	537		medical license;
569	538		(13) impersonates a physician or permits another to
570	539		use the person's license or certificate to practice medicine in
571	540		this state;
572	541		(14) directly or indirectly employs a person whose
573	542		license to practice medicine has been suspended, canceled, or
574	543		revoked;
575	544		(15) associates in the practice of medicine with a
576	545		person:
577	546		(A) whose license to practice medicine has been
578	547		suspended, canceled, or revoked; or
579	548		(B) who has been convicted of the unlawful
580	549		practice of medicine in this state or elsewhere;
581	550		(16) performs or procures a criminal abortion, aids or
582	551		abets in the procuring of a criminal abortion, attempts to perform
583	552		or procure a criminal abortion, or attempts to aid or abet the
584	553		performance or procurement of a criminal abortion;
585	554		(17) directly or indirectly aids or abets the practice
586	555		of medicine by a person, partnership, association, or corporation
587	556		that is not licensed to practice medicine by the board;
588	557		(18) performs or induces or attempts to perform or
589	558		induce an abortion on a woman who is pregnant with a preborn [viable
590	559		unborn] child during the third trimester of the pregnancy unless[:
591	560		[(A)] the abortion is necessary due to a medical
592	561		emergency, as defined by Section 171.002, Health and Safety Code
593	562		[to prevent the death of the woman;
594	563		[(B) the viable unborn child has a severe,
595	564		irreversible brain impairment; or
596	565		[(C) the woman is diagnosed with a significant
597	566		likelihood of suffering imminent severe, irreversible brain damage
598	567		or imminent severe, irreversible paralysis];
599	568		(19) performs or induces or attempts to perform or
600	569		induce an abortion on an unemancipated minor without the written
601	570		consent of the child's parent, managing conservator, or legal
602	571		guardian or without a court order, as provided by Section 33.003 or
603	572		33.004, Family Code, unless the abortion is necessary due to a
604	573		medical emergency, as defined by Section 171.002, Health and Safety
605	574		Code;
606	575		(20) otherwise performs or induces or attempts to
607	576		perform or induce an abortion on an unemancipated minor in
608	577		violation of Chapter 33, Family Code;
609	578		(21) performs or induces or attempts to perform or
610	579		induce an abortion in violation of Subchapter C, F, or G, Chapter
611	580		171, Health and Safety Code; [or]
612	581		(22) in complying with the procedures outlined in
613	582		Sections 166.045 and 166.046, Health and Safety Code, wilfully
614	583		fails to make a reasonable effort to transfer a patient to a
615	584		physician who is willing to comply with a directive; or
616	585		(23) performs or induces or attempts to perform or
617	586		induce an abortion or engages in other conduct in violation of
618	587		Section 170.052, Health and Safety Code.
619	588		SECTION 2.17. Section 164.055(b), Occupations Code, is
620	589		amended to read as follows:
621	590		(b) The sanctions provided by Subsection (a) are in addition
622	591		to any other grounds for refusal to admit persons to examination
623	592		under this subtitle or to issue a license or renew a license to
624	593		practice medicine under this subtitle. The criminal penalties
625	594		provided by Section 165.152 do not apply to a violation of Section
626	595		170.002 or 170.052, Health and Safety Code, or Subchapter C, F, or
627	596		G, Chapter 171, Health and Safety Code.
628	597		SECTION 2.18. The following provisions of the Health and
629	598		Safety Code are repealed:
630	599		(1) Section 170.001(3);
631	600		(2) Sections 171.042(1) and (2);
632	601		(3) Section 171.046(c); and
633	602		(4) Sections 285.202(a-1) and (a-2).
634		-	ARTICLE 3. ~~ABORTION PROHIBITED AFTER DETECTION OF FETAL HEARTBEAT~~
	603	+	ARTICLE 3. PROVISIONS EFFECTIVE SEPTEMBER 1, 2023, OR EARLIER
635	604		SECTION 3.01. Chapter 171, Health and Safety Code, is
636	605		amended by adding Subchapter H to read as follows:
637	606		SUBCHAPTER H. DETECTION OF FETAL HEARTBEAT
638	607		Sec. 171.201. DEFINITIONS. In this subchapter:
639	608		(1) "Fetal heartbeat" means cardiac activity or the
640	609		steady and repetitive rhythmic contraction of the fetal heart
641	610		within the gestational sac.
642	611		(2) "Gestational age" means the amount of time that
643	612		has elapsed from the first day of a woman's last menstrual period.
644	613		(3) "Gestational sac" means the structure comprising
645		-	the extraembryonic membranes that envelop the ~~unborn~~ child and ~~that~~
646		-	is typically visible by ultrasound after the fourth week of
	614	+	the extraembryonic membranes that envelop the preborn child and
	615	+	that is typically visible by ultrasound after the fourth week of
647	616		pregnancy.
648	617		(4) "Physician" means an individual licensed to
649	618		practice medicine in this state, including a medical doctor and a
650	619		doctor of osteopathic medicine.
651		-	(5) "Pregnancy" means the human female reproductive
	620	+	(5) "Preborn child" means a human fetus or embryo in
	621	+	any stage of gestation from fertilization until birth.
	622	+	(6) "Pregnancy" means the human female reproductive
652	623		condition that:
653	624		(A) begins with fertilization;
654	625		(B) occurs when the woman is carrying the
655	626		developing human offspring; and
656	627		(C) is calculated from the first day of the
657	628		woman's last menstrual period.
658		-	(6) "Standard medical practice" means the degree of
	629	+	(7) "Standard medical practice" means the degree of
659	630		skill, care, and diligence that an obstetrician of ordinary
660	631		judgment, learning, and skill would employ in like circumstances.
661		-	(7) "Unborn child" means a human fetus or embryo in any
662		-	stage of gestation from fertilization until birth.
663	632		Sec. 171.202. LEGISLATIVE FINDINGS. The legislature finds,
664	633		according to contemporary medical research, that:
665	634		(1) fetal heartbeat has become a key medical predictor
666		-	that ~~an unborn~~ child will reach live birth;
	635	+	that a preborn child will reach live birth;
667	636		(2) cardiac activity begins at a biologically
668	637		identifiable moment in time, normally when the fetal heart is
669	638		formed in the gestational sac;
670	639		(3) Texas has compelling interests from the outset of
671	640		a woman's pregnancy in protecting the health of the woman and the
672		-	life of the ~~unborn~~ child; and
	641	+	life of the preborn child; and
673	642		(4) to make an informed choice about whether to
674	643		continue her pregnancy, the pregnant woman has a compelling
675		-	interest in knowing the likelihood of her ~~unborn~~ child surviving to
676		-	full-term birth based on the presence of cardiac activity.
	644	+	interest in knowing the likelihood of her preborn child surviving
	645	+	to full-term birth based on the presence of cardiac activity.
677	646		Sec. 171.203. DETERMINATION OF PRESENCE OF FETAL HEARTBEAT
678	647		REQUIRED; RECORD. (a) For the purposes of determining the presence
679	648		of a fetal heartbeat under this section, "standard medical
680	649		practice" includes employing the appropriate means of detecting the
681		-	heartbeat based on the estimated gestational age of the ~~unborn~~
	650	+	heartbeat based on the estimated gestational age of the preborn
682	651		child and the condition of the woman and her pregnancy.
683	652		(b) Except as provided by Section 171.205, a physician may
684	653		not knowingly perform or induce an abortion on a pregnant woman
685	654		unless the physician has determined, in accordance with this
686		-	section, whether the woman's ~~unborn~~ child has a detectable fetal
	655	+	section, whether the woman's preborn child has a detectable fetal
687	656		heartbeat.
688	657		(c) In making a determination under Subsection (b), the
689	658		physician must use a test that is:
690	659		(1) consistent with the physician's good faith and
691		-	reasonable understanding of standard medical practice; and
692		-	(2) appropriate for the estimated gestational age of
693		-	the unborn child and the condition of the pregnant woman and her
	660	+	reasonable understanding of standard medical practice;
	661	+	(2) consistent with rules adopted under this
	662	+	subchapter; and
	663	+	(3) appropriate for the estimated gestational age of
	664	+	the preborn child and the condition of the pregnant woman and her
694	665		pregnancy.
695	666		(d) A physician making a determination under Subsection (b)
696	667		shall record in the pregnant woman's medical record:
697		-	(1) the estimated gestational age of the unborn child;
	668	+	(1) the estimated gestational age of the preborn
	669	+	child;
698	670		(2) the method used to estimate the gestational age;
699	671		and
700	672		(3) the test used for detecting a fetal heartbeat,
701	673		including the date, time, and results of the test.
702		-	Sec. 171.204. PROHIBITED ABORTION OF UNBORN CHILD WITH
	674	+	(e) The executive commissioner may adopt rules specifying
	675	+	the appropriate tests to be used in determining the presence of a
	676	+	fetal heartbeat based on standard medical practice, subject to
	677	+	Section 171.208.
	678	+	Sec. 171.204. PROHIBITED ABORTION OF PREBORN CHILD WITH
703	679		DETECTABLE FETAL HEARTBEAT; EFFECT. (a) Except as provided by
704	680		Section 171.205, a physician may not knowingly perform or induce an
705	681		abortion on a pregnant woman if the physician detected a fetal
706		-	heartbeat for the ~~unborn~~ child as required by Section 171.203 or
	682	+	heartbeat for the preborn child as required by Section 171.203 or
707	683		failed to perform a test to detect a fetal heartbeat.
708	684		(b) A physician does not violate this section if the
709	685		physician performed a test for a fetal heartbeat as required by
710	686		Section 171.203 and did not detect a fetal heartbeat.
711	687		(c) This section does not affect:
712	688		(1) the provisions of this chapter that restrict or
713	689		regulate an abortion by a particular method or during a particular
714	690		stage of pregnancy; or
715	691		(2) any other provision of state law that regulates or
716	692		prohibits abortion.
717	693		Sec. 171.205. EXCEPTION FOR MEDICAL EMERGENCY; RECORDS.
718		-	(a) ~~Sections 171.203 and 171.204 do~~ not apply if a physician
719		-	~~believes a~~ medical emergency exists that prevents compliance with
720		-	~~this~~ subchapter.
	694	+	(a) This subchapter does not apply if a physician believes a
	695	+	medical emergency exists that prevents compliance with this
	696	+	subchapter.
721	697		(b) A physician who performs or induces an abortion under
722	698		circumstances described by Subsection (a) shall make written
723	699		notations in the pregnant woman's medical record of:
724	700		(1) the physician's belief that a medical emergency
725	701		necessitated the abortion; and
726	702		(2) the medical condition of the pregnant woman that
727	703		prevented compliance with this subchapter.
728	704		(c) A physician performing or inducing an abortion under
729	705		this section shall maintain in the physician's practice records a
730	706		copy of the notations made under Subsection (b).
731	707		Sec. 171.206. CONSTRUCTION OF SUBCHAPTER. (a) This
732	708		subchapter does not create or recognize a right to abortion before a
733	709		fetal heartbeat is detected.
734	710		(b) This subchapter may not be construed to:
735	711		(1) authorize the initiation of a cause of action
736	712		against or the prosecution of a woman on whom an abortion is
737	713		performed or induced or attempted to be performed or induced in
738	714		violation of this subchapter;
739	715		(2) wholly or partly repeal, either expressly or by
740	716		implication, any other statute that regulates or prohibits
741	717		abortion, including Chapter 6-1/2, Title 71, Revised Statutes; or
742	718		(3) restrict a political subdivision from regulating
743	719		or prohibiting abortion in a manner that is at least as stringent as
744	720		the laws of this state.
745		-	Sec. 171.207. LIMITATIONS ON PUBLIC ENFORCEMENT. (a)
746		-	Notwithstanding Section 171.005 or any other law, the requirements
747		-	of this subchapter shall be enforced exclusively through the
748		-	private civil actions described in Section 171.208. No enforcement
749		-	of this subchapter, and no enforcement of Chapters 19 and 22, Penal
750		-	Code, in response to violations of this subchapter, may be taken or
751		-	threatened by this state, a political subdivision, a district or
752		-	county attorney, or an executive or administrative officer or
753		-	employee of this state or a political subdivision against any
754		-	person, except as provided in Section 171.208.
755		-	(b) Subsection (a) may not be construed to:
	721	+	Sec. 171.207. ADMINISTRATIVE PENALTY. Except as provided
	722	+	by Section 171.208, the Texas Medical Board shall take disciplinary
	723	+	action under Chapter 164, Occupations Code, and shall assess an
	724	+	administrative penalty under Subchapter A, Chapter 165,
	725	+	Occupations Code, against any physician who violates this
	726	+	subchapter.
	727	+	Sec. 171.208. LIMITATIONS ON PUBLIC ENFORCEMENT. (a) This
	728	+	subchapter may not be construed to:
756	729		(1) legalize the conduct prohibited by this subchapter
757	730		or by Chapter 6-1/2, Title 71, Revised Statutes;
758	731		(2) limit in any way or affect the availability of a
759		-	remedy established by Section 171.~~208~~; or
	732	+	remedy established by Section 171.209; or
760	733		(3) limit the enforceability of any other laws that
761	734		regulate or prohibit abortion.
762		-	Sec. 171.~~208~~. CIVIL LIABILITY FOR VIOLATION OR AIDING OR
	735	+	Sec. 171.209. CIVIL LIABILITY FOR VIOLATION OR AIDING OR
763	736		ABETTING VIOLATION. (a) Any person, other than an officer or
764	737		employee of a state or local governmental entity in this state, may
765		-	bring a civil action against any person who:
766		-	(1) performs or induces an abortion in violation of
767		-	this chapter;
768		-	(2) knowingly engages in conduct that aids or abets
769		-	the performance or inducement of an abortion, including paying for
770		-	or reimbursing the costs of an abortion through insurance or
771		-	otherwise, if the abortion is performed or induced in violation of
772		-	this chapter, regardless of whether the person knew or should have
773		-	known that the abortion would be performed or induced in violation
774		-	of this chapter; or
775		-	(3) intends to engage in the conduct described by
776		-	Subdivision (1) or (2).
	738	+	bring a civil action against a person who violates this subchapter
	739	+	or commits an offense under Section 171.204.
777	740		(b) If a claimant prevails in an action brought under this
778	741		section, the court shall award:
779		-	(1) injunctive relief sufficient to prevent the
780		-	defendant from violating this chapter or engaging in acts that aid
781		-	or abet violations of this chapter;
	742	+	(1) injunctive relief;
782	743		(2) statutory damages in an amount of not less than
783		-	$10,000 for each abortion that the defendant performed or induced
784		-	in violation of this chapter, and for each abortion performed or
785		-	induced in violation of this chapter that the defendant aided or
786		-	abetted; and
	744	+	$10,000 for each violation or offense; and
787	745		(3) costs and attorney's fees.
788	746		(c) Notwithstanding Subsection (b), a court may not award
789		-	relief under this section in response to a violation of Subsection
790		-	(a)(1) or (2) if the defendant demonstrates that the defendant
791		-	previously paid the full amount of statutory damages under
792		-	Subsections (b)(2) and (3) in a previous action for that particular
793		-	abortion performed or induced in violation of this chapter, or for
794		-	the particular conduct that aided or abetted an abortion performed
795		-	or induced in violation of this chapter.
	747	+	relief under this section in response to a violation of this
	748	+	subchapter or an offense under Section 171.204 if the defendant
	749	+	demonstrates that the defendant previously paid statutory damages
	750	+	in a previous action for that particular violation or offense.
796	751		(d) Notwithstanding Chapter 16, Civil Practice and Remedies
797		-	Code, or any other law, a person may bring an action under this
798		-	section not later than the sixth anniversary of the date the cause
799		-	of action accrues.
800		-	(e) Notwithstanding any other law, the following are not a
801		-	defense to an action brought under this section:
	752	+	Code, a person may bring an action under this section not later than
	753	+	the sixth anniversary of the date the cause of action accrues.
	754	+	(e) The following are not a defense to an action brought
	755	+	under this section:
802	756		(1) ignorance or mistake of law;
803	757		(2) a defendant's belief that the requirements of this
804		-	~~chapter~~ are unconstitutional or were unconstitutional;
	758	+	subchapter are unconstitutional or were unconstitutional;
805	759		(3) a defendant's reliance on any court decision that
806		-	has been overruled on appeal or by a subsequent court, even if that
807		-	court decision had not been overruled when the defendant engaged in
808		-	conduct that violates this chapter;
809		-	(4) a defendant's reliance on any state or federal
810		-	court decision that is not binding on the court in which the action
811		-	has been brought;
812		-	(5) non-mutual issue preclusion or non-mutual claim
813		-	preclusion;
814		-	(6) the consent of the unborn child's mother to the
815		-	abortion; or
816		-	(7) any claim that the enforcement of this chapter or
817		-	the imposition of civil liability against the defendant will
818		-	violate the constitutional rights of third parties, except as
819		-	provided by Section 171.209.
820		-	(f) It is an affirmative defense if:
821		-	(1) a person sued under Subsection (a)(2) reasonably
822		-	believed, after conducting a reasonable investigation, that the
823		-	physician performing or inducing the abortion had complied or would
824		-	comply with this chapter; or
825		-	(2) a person sued under Subsection (a)(3) reasonably
826		-	believed, after conducting a reasonable investigation, that the
827		-	physician performing or inducing the abortion will comply with this
828		-	chapter.
829		-	(f-1) The defendant has the burden of proving an affirmative
830		-	defense under Subsection (f)(1) or (2) by a preponderance of the
831		-	evidence.
832		-	(g) This section may not be construed to impose liability on
833		-	any speech or conduct protected by the First Amendment of the United
834		-	States Constitution, as made applicable to the states through the
835		-	United States Supreme Court's interpretation of the Fourteenth
836		-	Amendment of the United States Constitution, or by Section 8,
837		-	Article I, Texas Constitution.
838		-	(h) Notwithstanding any other law, this state, a state
	760	+	has been overruled by the applicable final appellate court, even if
	761	+	that court decision had not been overruled when the defendant
	762	+	engaged in conduct that violates this subchapter or constitutes an
	763	+	offense under Section 171.204 or
	764	+	(4) the consent of the preborn child's mother to the
	765	+	abortion.
	766	+	(f) Notwithstanding any other law, this state, a state
839	767		official, or a district or county attorney may not intervene in an
840	768		action brought under this section. This subsection does not
841	769		prohibit a person described by this subsection from filing an
842	770		amicus curiae brief in the action.
843		-	(i) Notwithstanding any other law, a court may not award
	771	+	(g) Notwithstanding any other law, a court may not award
844	772		costs or attorney's fees under the Texas Rules of Civil Procedure or
845	773		any other rule adopted by the supreme court under Section 22.004,
846	774		Government Code, to a defendant in an action brought under this
847	775		section.
848		-	Sec. 171.~~209~~. CIVIL LIABILITY: UNDUE BURDEN DEFENSE
	776	+	Sec. 171.210. CIVIL LIABILITY: UNDUE BURDEN DEFENSE
849	777		LIMITATIONS. (a) A defendant against whom an action is brought
850		-	under Section 171.208 does not have standing to assert the rights
851		-	of women seeking an abortion as a defense to liability under that
852		-	section unless:
853		-	(1) the United States Supreme Court holds that the
	778	+	under Section 171.209 does not have standing to assert the rights of
	779	+	women seeking an abortion as a defense to liability under that
	780	+	section unless the United States Supreme Court holds that the
854	781		courts of this state must confer standing on that defendant to
855	782		assert the third-party rights of women seeking an abortion in state
856		-	court as a matter of federal constitutional law; or
857		-	(2) the defendant has standing to assert the rights of
858		-	women seeking an abortion under the tests for third-party standing
859		-	established by the United States Supreme Court.
860		-	(b) A defendant in an action brought under Section 171.208
861		-	may assert an affirmative defense to liability under this section
862		-	if:
	783	+	court as a matter of federal constitutional law.
	784	+	(b) A defendant in an action brought under Section 171.209
	785	+	may assert an affirmative defense to liability only if:
863	786		(1) the defendant has standing to assert the
864		-	third-party rights of ~~a woman or a group of~~ women seeking an
865		-	~~abortion in accordance with~~ Subsection (a); and
	787	+	third-party rights of women seeking an abortion in accordance with
	788	+	Subsection (a); and
866	789		(2) the defendant demonstrates that the relief sought
867		-	by the claimant will impose an undue burden on ~~that woman or a group~~
868		-	~~of women seeking an~~ abortion.
	790	+	by the claimant will impose an undue burden on women seeking an
	791	+	abortion.
869	792		(c) A court may not find an undue burden under Subsection
870	793		(b) unless the defendant introduces evidence proving that:
871		-	(1) an award of relief will prevent a woman or a group
872		-	of women from obtaining an abortion; or
	794	+	(1) an award of relief will prevent an identifiable
	795	+	woman or an identifiable group of women from obtaining an abortion;
	796	+	or
873	797		(2) an award of relief will place a substantial
874		-	obstacle in the path of a woman or ~~a group of women who are seeking~~
875		-	an abortion.
	798	+	obstacle in the path of an identifiable woman or an identifiable
	799	+	group of women who are seeking an abortion.
876	800		(d) A defendant may not establish an undue burden under this
877	801		section by:
878	802		(1) merely demonstrating that an award of relief will
879	803		prevent women from obtaining support or assistance, financial or
880	804		otherwise, from others in their effort to obtain an abortion; or
881	805		(2) arguing or attempting to demonstrate that an award
882	806		of relief against other defendants or other potential defendants
883	807		will impose an undue burden on women seeking an abortion.
884	808		(e) The affirmative defense under Subsection (b) is not
885	809		available if the United States Supreme Court overrules Roe v. Wade,
886	810		410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505 U.S. 833
887	811		(1992), regardless of whether the conduct on which the cause of
888		-	action is based under Section 171.~~208~~ occurred before the Supreme
	812	+	action is based under Section 171.209 occurred before the Supreme
889	813		Court overruled either of those decisions.
890		-	(f) Nothing in this section shall in any way limit or
891		-	preclude a defendant from asserting the defendant's personal
892		-	constitutional rights as a defense to liability under Section
893		-	171.208, and a court may not award relief under Section 171.208 if
894		-	the conduct for which the defendant has been sued was an exercise of
895		-	state or federal constitutional rights that personally belong to
896		-	the defendant.
897		-	Sec. 171.210. CIVIL LIABILITY: VENUE. (a) Notwithstanding
898		-	any other law, including Section 15.002, Civil Practice and
899		-	Remedies Code, a civil action brought under Section 171.208 shall
900		-	be brought in:
	814	+	Sec. 171.211. CIVIL LIABILITY: VENUE. Notwithstanding any
	815	+	other law, including Section 15.002, Civil Practice and Remedies
	816	+	Code, a civil action brought under Section 171.209 shall be brought
	817	+	in:
901	818		(1) the county in which all or a substantial part of
902	819		the events or omissions giving rise to the claim occurred;
903	820		(2) the county of residence for any one of the natural
904	821		person defendants at the time the cause of action accrued;
905	822		(3) the county of the principal office in this state of
906	823		any one of the defendants that is not a natural person; or
907	824		(4) the county of residence for the claimant if the
908	825		claimant is a natural person residing in this state.
909		-	(b) If a civil action is brought under Section 171.208 in
910		-	any one of the venues described by Subsection (a), the action may
911		-	not be transferred to a different venue without the written consent
912		-	of all parties.
913		-	Sec. 171.211. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
	826	+	Sec. 171.212. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
914	827		IMMUNITY PRESERVED. (a) This section prevails over any
915	828		conflicting law, including:
916	829		(1) the Uniform Declaratory Judgments Act; and
917	830		(2) Chapter 37, Civil Practice and Remedies Code.
918	831		(b) This state has sovereign immunity, a political
919	832		subdivision has governmental immunity, and each officer and
920	833		employee of this state or a political subdivision has official
921	834		immunity in any action, claim, or counterclaim or any type of legal
922	835		or equitable action that challenges the validity of any provision
923		-	or application of this ~~chapter~~, on constitutional grounds or
	836	+	or application of this subchapter, on constitutional grounds or
924	837		otherwise.
925	838		(c) A provision of state law may not be construed to waive or
926	839		abrogate an immunity described by Subsection (b) unless it
927	840		expressly waives immunity under this section.
928		-	Sec. 171.~~212~~. SEVERABILITY. (a) Mindful of Leavitt v. Jane
929		-	L.
	841	+	Sec. 171.213. SEVERABILITY. (a) Mindful of Leavitt v. Jane
	842	+	L., 518 U.S. 137 (1996), in which in the context of determining the , 518 U.S. 137 (1996), in which in the context of determining the
930	843		severability of a state statute regulating abortion the United
931	844		States Supreme Court held that an explicit statement of legislative
932	845		intent is controlling, it is the intent of the legislature that
933	846		every provision, section, subsection, sentence, clause, phrase, or
934		-	word in this ~~chapter~~, and every application of the provisions in
935		-	this ~~chapter~~, are severable from each other.
936		-	(b) If any application of any provision in this ~~chapter to~~
937		-	any person, group of persons, or circumstances is found by a ~~court~~
938		-	to be invalid or unconstitutional, the remaining applications of
939		-	that provision to all other persons and circumstances shall be
	847	+	word in this subchapter, and every application of the provisions in
	848	+	this subchapter, are severable from each other.
	849	+	(b) If any application of any provision in this subchapter
	850	+	to any person, group of persons, or circumstances is found by a
	851	+	court to be invalid or unconstitutional, the remaining applications
	852	+	of that provision to all other persons and circumstances shall be
940	853		severed and may not be affected. All constitutionally valid
941		-	applications of this chapter shall be severed from any applications
942		-	that a court finds to be invalid, leaving the valid applications in
943		-	force, because it is the legislature's intent and priority that the
944		-	valid applications be allowed to stand alone. Even if a reviewing
945		-	court finds a provision of this chapter to impose an undue burden in
946		-	a large or substantial fraction of relevant cases, the applications
947		-	that do not present an undue burden shall be severed from the
948		-	remaining applications and shall remain in force, and shall be
949		-	treated as if the legislature had enacted a statute limited to the
950		-	persons, group of persons, or circumstances for which the statute's
951		-	application does not present an undue burden.
952		-	(b-1) If any court declares or finds a provision of this
953		-	chapter facially unconstitutional, when discrete applications of
954		-	that provision can be enforced against a person, group of persons,
955		-	or circumstances without violating the United States Constitution
956		-	and Texas Constitution, those applications shall be severed from
957		-	all remaining applications of the provision, and the provision
958		-	shall be interpreted as if the legislature had enacted a provision
959		-	limited to the persons, group of persons, or circumstances for
960		-	which the provision's application will not violate the United
961		-	States Constitution and Texas Constitution.
	854	+	applications of this subchapter shall be severed from any
	855	+	applications that a court finds to be invalid, leaving the valid
	856	+	applications in force, because it is the legislature's intent and
	857	+	priority that the valid applications be allowed to stand alone.
	858	+	Even if a reviewing court finds a provision of this subchapter to
	859	+	impose an undue burden in a large or substantial fraction of
	860	+	relevant cases, the applications that do not present an undue
	861	+	burden shall be severed from the remaining provisions and shall
	862	+	remain in force, and shall be treated as if the legislature had
	863	+	enacted a statute limited to the persons, group of persons, or
	864	+	circumstances for which the statute's application does not present
	865	+	an undue burden.
962	866		(c) The legislature further declares that it would have
963		-	enacted this ~~chapter~~, and each provision, section, subsection,
	867	+	enacted this subchapter, and each provision, section, subsection,
964	868		sentence, clause, phrase, or word, and all constitutional
965		-	applications of this ~~chapter~~, irrespective of the fact that any
	869	+	applications of this subchapter, irrespective of the fact that any
966	870		provision, section, subsection, sentence, clause, phrase, or word,
967		-	or applications of this ~~chapter~~, were to be declared
	871	+	or applications of this subchapter, were to be declared
968	872		unconstitutional or to represent an undue burden.
969		-	(d) If any provision of this ~~chapter~~ is found by any ~~court to~~
970		-	be unconstitutionally vague, then the applications of that
	873	+	(d) If any provision of this subchapter is found by any
	874	+	court to be unconstitutionally vague, then the applications of that
971	875		provision that do not present constitutional vagueness problems
972	876		shall be severed and remain in force.
973	877		(e) No court may decline to enforce the severability
974		-	requirements of Subsections (a), (b), (~~b-1), (~~c), and (d) on the
975		-	~~ground~~ that severance would rewrite the statute or involve the
976		-	~~court in~~ legislative or lawmaking activity. A court that declines
977		-	to enforce or enjoins a state official from enforcing a statutory
	878	+	requirements of Subsections (a), (b), (c), and (d) on the ground
	879	+	that severance would rewrite the statute or involve the court in
	880	+	legislative or lawmaking activity. A court that declines to
	881	+	enforce or enjoins a state official from enforcing a statutory
978	882		provision does not rewrite a statute, as the statute continues to
979	883		contain the same words as before the court's decision. A judicial
980	884		injunction or declaration of unconstitutionality:
981	885		(1) is nothing more than an edict prohibiting
982	886		enforcement that may subsequently be vacated by a later court if
983	887		that court has a different understanding of the requirements of the
984	888		Texas Constitution or United States Constitution;
985	889		(2) is not a formal amendment of the language in a
986	890		statute; and
987	891		(3) no more rewrites a statute than a decision by the
988	892		executive not to enforce a duly enacted statute in a limited and
989	893		defined set of circumstances.
	894	+	(f) If any federal or state court declares unconstitutional
	895	+	or enjoins the enforcement of a provision in this subchapter and
	896	+	fails to enforce the severability requirements of Subsections (a),
	897	+	(b), (c), (d), and (e), the executive commissioner shall:
	898	+	(1) adopt rules that enforce the requirements
	899	+	described by this subchapter to the maximum possible extent while
	900	+	avoiding the constitutional problems or other problems identified
	901	+	by the federal or state court; and
	902	+	(2) issue notice of those rules, not later than the
	903	+	30th day after the date of the court ruling.
	904	+	(g) If the executive commissioner fails to adopt the rules
	905	+	and issue notice under Subsection (f), a person may petition for a
	906	+	writ of mandamus requiring the executive commissioner to adopt the
	907	+	rules and issue notice.
990	908		SECTION 3.02. Chapter 30, Civil Practice and Remedies Code,
991	909		is amended by adding Section 30.022 to read as follows:
992	910		Sec. 30.022. AWARD OF ATTORNEY'S FEES IN ACTIONS
993	911		CHALLENGING ABORTION LAWS. (a) Notwithstanding any other law, any
994	912		person, including an entity, attorney, or law firm, who seeks
995	913		declaratory or injunctive relief to prevent this state, a political
996	914		subdivision, or any governmental entity or public official in this
997	915		state from enforcing any statute, ordinance, rule, regulation, or
998	916		any other type of law that regulates or restricts abortion or that
999	917		limits taxpayer funding for individuals or entities that perform or
1000	918		promote abortions, in any state or federal court, or that
1001	919		represents any litigant seeking such relief in any state or federal
1002	920		court, is jointly and severally liable to pay the costs and
1003	921		attorney's fees of the prevailing party.
1004	922		(b) For purposes of this section, a party is considered a
1005	923		prevailing party if a state or federal court:
1006	924		(1) dismisses any claim or cause of action brought
1007	925		against the party that seeks the declaratory or injunctive relief
1008	926		described by Subsection (a), regardless of the reason for the
1009	927		dismissal; or
1010	928		(2) enters judgment in the party's favor on any such
1011	929		claim or cause of action.
1012	930		(c) Regardless of whether a prevailing party sought to
1013	931		recover costs or attorney's fees in the underlying action, a
1014	932		prevailing party under this section may bring a civil action to
1015	933		recover costs and attorney's fees against a person, including an
1016	934		entity, attorney, or law firm, that sought declaratory or
1017	935		injunctive relief described by Subsection (a) not later than the
1018	936		third anniversary of the date on which, as applicable:
1019	937		(1) the dismissal or judgment described by Subsection
1020	938		(b) becomes final on the conclusion of appellate review; or
1021	939		(2) the time for seeking appellate review expires.
1022	940		(d) It is not a defense to an action brought under
1023	941		Subsection (c) that:
1024	942		(1) a prevailing party under this section failed to
1025	943		seek recovery of costs or attorney's fees in the underlying action;
	944	+	and
1026	945		(2) the court in the underlying action declined to
1027		-	recognize or enforce the requirements of this section; or
1028		-	(3) the court in the underlying action held that any
1029		-	provisions of this section are invalid, unconstitutional, or
1030		-	preempted by federal law, notwithstanding the doctrines of issue or
1031		-	claim preclusion.
1032		-	SECTION 3.03. Subchapter C, Chapter 311, Government Code,
	946	+	recognize or enforce the requirements of this section.
	947	+	SECTION 3.03. Article 12.01, Code of Criminal Procedure, is
	948	+	amended to read as follows:
	949	+	Art. 12.01. FELONIES. Except as provided in Article 12.03,
	950	+	felony indictments may be presented within these limits, and not
	951	+	afterward:
	952	+	(1) no limitation:
	953	+	(A) murder and manslaughter;
	954	+	(B) sexual assault under Section 22.011(a)(2),
	955	+	Penal Code, or aggravated sexual assault under Section
	956	+	22.021(a)(1)(B), Penal Code;
	957	+	(C) sexual assault, if:
	958	+	(i) during the investigation of the offense
	959	+	biological matter is collected and the matter:
	960	+	(a) has not yet been subjected to
	961	+	forensic DNA testing; or
	962	+	(b) has been subjected to forensic DNA
	963	+	testing and the testing results show that the matter does not match
	964	+	the victim or any other person whose identity is readily
	965	+	ascertained; or
	966	+	(ii) probable cause exists to believe that
	967	+	the defendant has committed the same or a similar sex offense
	968	+	against five or more victims;
	969	+	(D) continuous sexual abuse of young child or
	970	+	children under Section 21.02, Penal Code;
	971	+	(E) indecency with a child under Section 21.11,
	972	+	Penal Code;
	973	+	(F) an offense involving leaving the scene of an
	974	+	accident under Section 550.021, Transportation Code, if the
	975	+	accident resulted in the death of a person;
	976	+	(G) trafficking of persons under Section
	977	+	20A.02(a)(7) or (8), Penal Code;
	978	+	(H) continuous trafficking of persons under
	979	+	Section 20A.03, Penal Code; or
	980	+	(I) compelling prostitution under Section
	981	+	43.05(a)(2), Penal Code;
	982	+	(2) ten years from the date of the commission of the
	983	+	offense:
	984	+	(A) theft of any estate, real, personal or mixed,
	985	+	by an executor, administrator, guardian or trustee, with intent to
	986	+	defraud any creditor, heir, legatee, ward, distributee,
	987	+	beneficiary or settlor of a trust interested in such estate;
	988	+	(B) theft by a public servant of government
	989	+	property over which the public servant exercises control in the
	990	+	public servant's official capacity;
	991	+	(C) forgery or the uttering, using or passing of
	992	+	forged instruments;
	993	+	(D) injury to an elderly or disabled individual
	994	+	punishable as a felony of the first degree under Section 22.04,
	995	+	Penal Code;
	996	+	(E) sexual assault, except as provided by
	997	+	Subdivision (1) or (7);
	998	+	(F) arson;
	999	+	(G) trafficking of persons under Section
	1000	+	20A.02(a)(1), (2), (3), or (4), Penal Code; or
	1001	+	(H) compelling prostitution under Section
	1002	+	43.05(a)(1), Penal Code;
	1003	+	(3) seven years from the date of the commission of the
	1004	+	offense:
	1005	+	(A) misapplication of fiduciary property or
	1006	+	property of a financial institution;
	1007	+	(B) securing execution of document by deception;
	1008	+	(C) a felony violation under Chapter 162, Tax
	1009	+	Code;
	1010	+	(D) false statement to obtain property or credit
	1011	+	under Section 32.32, Penal Code;
	1012	+	(E) money laundering;
	1013	+	(F) credit card or debit card abuse under Section
	1014	+	32.31, Penal Code;
	1015	+	(G) fraudulent use or possession of identifying
	1016	+	information under Section 32.51, Penal Code;
	1017	+	(H) exploitation of a child, elderly individual,
	1018	+	or disabled individual under Section 32.53, Penal Code;
	1019	+	(I) health care fraud under Section 35A.02, Penal
	1020	+	Code; or
	1021	+	(J) bigamy under Section 25.01, Penal Code,
	1022	+	except as provided by Subdivision (6);
	1023	+	(4) five years from the date of the commission of the
	1024	+	offense:
	1025	+	(A) theft or robbery;
	1026	+	(B) except as provided by Subdivision (5),
	1027	+	kidnapping or burglary;
	1028	+	(C) injury to an elderly or disabled individual
	1029	+	that is not punishable as a felony of the first degree under Section
	1030	+	22.04, Penal Code;
	1031	+	(D) abandoning or endangering a child; [or]
	1032	+	(E) insurance fraud; or
	1033	+	(F) offenses related to the performance or
	1034	+	inducement of an abortion under Section 171.204, Health and Safety
	1035	+	Code;
	1036	+	(5) if the investigation of the offense shows that the
	1037	+	victim is younger than 17 years of age at the time the offense is
	1038	+	committed, 20 years from the 18th birthday of the victim of one of
	1039	+	the following offenses:
	1040	+	(A) sexual performance by a child under Section
	1041	+	43.25, Penal Code;
	1042	+	(B) aggravated kidnapping under Section
	1043	+	20.04(a)(4), Penal Code, if the defendant committed the offense
	1044	+	with the intent to violate or abuse the victim sexually; or
	1045	+	(C) burglary under Section 30.02, Penal Code, if
	1046	+	the offense is punishable under Subsection (d) of that section and
	1047	+	the defendant committed the offense with the intent to commit an
	1048	+	offense described by Subdivision (1)(B) or (D) of this article or
	1049	+	Paragraph (B) of this subdivision;
	1050	+	(6) ten years from the 18th birthday of the victim of
	1051	+	the offense:
	1052	+	(A) trafficking of persons under Section
	1053	+	20A.02(a)(5) or (6), Penal Code;
	1054	+	(B) injury to a child under Section 22.04, Penal
	1055	+	Code; or
	1056	+	(C) bigamy under Section 25.01, Penal Code, if
	1057	+	the investigation of the offense shows that the person, other than
	1058	+	the legal spouse of the defendant, whom the defendant marries or
	1059	+	purports to marry or with whom the defendant lives under the
	1060	+	appearance of being married is younger than 18 years of age at the
	1061	+	time the offense is committed;
	1062	+	(7) two years from the date the offense was
	1063	+	discovered: sexual assault punishable as a state jail felony under
	1064	+	Section 22.011(f)(2), Penal Code; or
	1065	+	(8) three years from the date of the commission of the
	1066	+	offense: all other felonies.
	1067	+	SECTION 3.04. Subchapter C, Chapter 311, Government Code,
1033	1068		is amended by adding Section 311.036 to read as follows:
1034	1069		Sec. 311.036. CONSTRUCTION OF ABORTION STATUTES. (a) A
1035	1070		statute that regulates or prohibits abortion may not be construed
1036	1071		to repeal any other statute that regulates or prohibits abortion,
1037	1072		either wholly or partly, unless the repealing statute explicitly
1038	1073		states that it is repealing the other statute.
1039		-	(b) A statute may not ~~be construed to restrict a political~~
1040		-	subdivision from regulating or ~~prohibiting abortion in a manner~~
1041		-	that is at least as stringent as ~~the laws of this state unless the~~
1042		-	statute explicitly states that ~~political subdivisions are~~
1043		-	prohibited from regulating or ~~prohibiting abortion in the manner~~
1044		-	described by the statute.
	1074	+	(b) A statute that regulates or prohibits abortion may not
	1075	+	be construed to restrict a political subdivision from regulating or
	1076	+	prohibiting abortion in a manner that is at least as stringent as
	1077	+	the laws of this state unless the statute explicitly states that
	1078	+	political subdivisions are prohibited from regulating or
	1079	+	prohibiting abortion in the manner described by the statute.
1045	1080		(c) Every statute that regulates or prohibits abortion is
1046	1081		severable in each of its applications to every person and
1047	1082		circumstance. If any statute that regulates or prohibits abortion
1048	1083		is found by any court to be unconstitutional, either on its face or
1049	1084		as applied, then all applications of that statute that do not
1050		-	violate the ~~United States Constitution and Texas Constitution~~ shall
	1085	+	violate the constitutional rights of women seeking abortions shall
1051	1086		be severed from the unconstitutional applications and shall remain
1052		-	enforceable, notwithstanding any other law, and the statute shall
1053		-	be interpreted as if containing language limiting the statute's
1054		-	application to the persons, group of persons, or circumstances for
1055		-	which the statute's application will not violate the United States
1056		-	Constitution and Texas Constitution.
1057		-	SECTION 3.04. Section 171.005, Health and Safety Code, is
1058		-	amended to read as follows:
1059		-	Sec. 171.005. COMMISSION [DEPARTMENT] TO ENFORCE;
1060		-	EXCEPTION. The commission [department] shall enforce this chapter
1061		-	except for Subchapter H, which shall be enforced exclusively
1062		-	through the private civil enforcement actions described by Section
1063		-	171.208 and may not be enforced by the commission.
1064		-	SECTION 3.05. Section 245.011(c), Health and Safety Code,
	1087	+	enforceable, notwithstanding any other law.
	1088	+	SECTION 3.05. Section 171.012, Health and Safety Code, is
	1089	+	amended by amending Subsection (a) and adding Subsection (i) to
	1090	+	read as follows:
	1091	+	(a) Consent to an abortion is voluntary and informed only
	1092	+	if:
	1093	+	(1) the physician who is to perform or induce the
	1094	+	abortion informs the pregnant woman on whom the abortion is to be
	1095	+	performed or induced of:
	1096	+	(A) the physician's name;
	1097	+	(B) the particular medical risks associated with
	1098	+	the particular abortion procedure to be employed, including, when
	1099	+	medically accurate:
	1100	+	(i) the risks of infection and hemorrhage;
	1101	+	(ii) the potential danger to a subsequent
	1102	+	pregnancy and of infertility; and
	1103	+	(iii) the possibility of increased risk of
	1104	+	breast cancer following an induced abortion and the natural
	1105	+	protective effect of a completed pregnancy in avoiding breast
	1106	+	cancer;
	1107	+	(C) the probable gestational age of the preborn
	1108	+	[unborn] child at the time the abortion is to be performed or
	1109	+	induced; [and]
	1110	+	(D) the medical risks associated with carrying
	1111	+	the preborn child to term; and
	1112	+	(E) the state law prohibiting abortion of a
	1113	+	preborn child solely based on the preborn child's race, ethnicity,
	1114	+	sex, or disability, as defined by Section 170.051, including a
	1115	+	probability of diagnosis that the child has a disability;
	1116	+	(2) the physician who is to perform or induce the
	1117	+	abortion or the physician's agent informs the pregnant woman that:
	1118	+	(A) medical assistance benefits may be available
	1119	+	for prenatal care, childbirth, and neonatal care;
	1120	+	(B) the father is liable for assistance in the
	1121	+	support of the child without regard to whether the father has
	1122	+	offered to pay for the abortion; and
	1123	+	(C) public and private agencies provide
	1124	+	pregnancy prevention counseling and medical referrals for
	1125	+	obtaining pregnancy prevention medications or devices, including
	1126	+	emergency contraception for victims of rape or incest;
	1127	+	(3) the physician who is to perform or induce the
	1128	+	abortion or the physician's agent:
	1129	+	(A) provides the pregnant woman with the printed
	1130	+	materials described by Section 171.014; and
	1131	+	(B) informs the pregnant woman that those
	1132	+	materials:
	1133	+	(i) have been provided by the commission
	1134	+	[Department of State Health Services];
	1135	+	(ii) are accessible on an Internet website
	1136	+	sponsored by the commission [department];
	1137	+	(iii) describe the preborn [unborn] child
	1138	+	and list agencies that offer alternatives to abortion; and
	1139	+	(iv) include a list of agencies that offer
	1140	+	sonogram services at no cost to the pregnant woman;
	1141	+	(4) before any sedative or anesthesia is administered
	1142	+	to the pregnant woman and at least 24 hours before the abortion or
	1143	+	at least two hours before the abortion if the pregnant woman waives
	1144	+	this requirement by certifying that she currently lives 100 miles
	1145	+	or more from the nearest abortion provider that is a facility
	1146	+	licensed under Chapter 245 or a facility that performs or induces
	1147	+	more than 50 abortions in any 12-month period:
	1148	+	(A) the physician who is to perform or induce the
	1149	+	abortion or an agent of the physician who is also a sonographer
	1150	+	certified by a national registry of medical sonographers performs a
	1151	+	sonogram on the pregnant woman on whom the abortion is to be
	1152	+	performed or induced;
	1153	+	(B) the physician who is to perform or induce the
	1154	+	abortion displays the sonogram images in a quality consistent with
	1155	+	current medical practice in a manner that the pregnant woman may
	1156	+	view them;
	1157	+	(C) the physician who is to perform or induce the
	1158	+	abortion provides, in a manner understandable to a layperson, a
	1159	+	verbal explanation of the results of the sonogram images, including
	1160	+	a medical description of the dimensions of the embryo or fetus, the
	1161	+	presence of cardiac activity, and the presence of external members
	1162	+	and internal organs; [and]
	1163	+	(D) the physician who is to perform or induce the
	1164	+	abortion or an agent of the physician who is also a sonographer
	1165	+	certified by a national registry of medical sonographers makes
	1166	+	audible the heart auscultation for the pregnant woman to hear, if
	1167	+	present, in a quality consistent with current medical practice and
	1168	+	provides, in a manner understandable to a layperson, a simultaneous
	1169	+	verbal explanation of the heart auscultation; and
	1170	+	(E) if a fetal heartbeat is detected under
	1171	+	Section 171.203, the physician who is to perform or induce the
	1172	+	abortion informs the woman in writing of the statistical
	1173	+	probability of bringing the preborn child to term:
	1174	+	(i) to the best of the physician's
	1175	+	knowledge, based on the gestational age of the preborn child; or
	1176	+	(ii) as provided by commission rule;
	1177	+	(5) before receiving a sonogram under Subdivision
	1178	+	(4)(A) and before the abortion is performed or induced and before
	1179	+	any sedative or anesthesia is administered, the pregnant woman
	1180	+	completes and certifies with her signature an election form that
	1181	+	states as follows:
	1182	+	"ABORTION AND SONOGRAM ELECTION
	1183	+	(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY
	1184	+	SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN
	1185	+	PROVIDED AND EXPLAINED TO ME.
	1186	+	(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN
	1187	+	ABORTION.
	1188	+	(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR
	1189	+	TO RECEIVING AN ABORTION.
	1190	+	(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE
	1191	+	SONOGRAM IMAGES.
	1192	+	(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE
	1193	+	HEARTBEAT.
	1194	+	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN
	1195	+	EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO
	1196	+	ONE OF THE FOLLOWING:
	1197	+	___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT,
	1198	+	INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN
	1199	+	REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN
	1200	+	REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT
	1201	+	RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
	1202	+	___ I AM A MINOR AND OBTAINING AN ABORTION IN ACCORDANCE
	1203	+	WITH JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS FAMILY
	1204	+	CODE.
	1205	+	___ MY PREBORN CHILD [FETUS] HAS AN IRREVERSIBLE
	1206	+	MEDICAL CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
	1207	+	DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL FILE.
	1208	+	(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND
	1209	+	WITHOUT COERCION.
	1210	+	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE
	1211	+	NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER
	1212	+	245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT PERFORMS OR
	1213	+	INDUCES MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
	1214	+	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR
	1215	+	MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED
	1216	+	UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT
	1217	+	PERFORMS OR INDUCES MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD, I
	1218	+	WAIVE THE REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS
	1219	+	PERFORMED BEFORE RECEIVING THE ABORTION PROCEDURE. MY PLACE OF
	1220	+	RESIDENCE IS:__________.
	1221	+	________________________________________
	1222	+	SIGNATURE DATE";
	1223	+	(6) before the abortion is performed or induced, the
	1224	+	physician who is to perform or induce the abortion receives a copy
	1225	+	of the signed, written certification required by Subdivision (5);
	1226	+	and
	1227	+	(7) the pregnant woman is provided the name of each
	1228	+	person who provides or explains the information required under this
	1229	+	subsection.
	1230	+	(i) The executive commissioner may adopt rules that specify
	1231	+	the information required under Subsection (a)(4)(E) regarding the
	1232	+	statistical probability of bringing a preborn child to term based
	1233	+	on the gestational age of the child. The information in the rules
	1234	+	must be based on available medical evidence.
	1235	+	SECTION 3.06. Section 245.011(c), Health and Safety Code,
1065	1236		is amended to read as follows:
1066	1237		(c) The report must include:
1067	1238		(1) whether the abortion facility at which the
1068		-	abortion is performed is licensed under this chapter;
	1239	+	abortion is performed or induced is licensed under this chapter;
1069	1240		(2) the patient's year of birth, race, marital status,
1070	1241		and state and county of residence;
1071	1242		(3) the type of abortion procedure;
1072		-	(4) the date the abortion was performed;
	1243	+	(4) the date the abortion was performed or induced;
1073	1244		(5) whether the patient survived the abortion, and if
1074	1245		the patient did not survive, the cause of death;
1075		-	(6) the probable post-fertilization age of the ~~unborn~~
1076		-	child based on the best medical judgment of the attending ~~physician~~
1077		-	at the time of the procedure;
	1246	+	(6) the probable post-fertilization age of the preborn
	1247	+	[unborn] child based on the best medical judgment of the attending
	1248	+	physician at the time of the procedure;
1078	1249		(7) the date, if known, of the patient's last menstrual
1079	1250		cycle;
1080	1251		(8) the number of previous live births of the patient;
1081	1252		[and]
1082	1253		(9) the number of previous induced abortions of the
1083	1254		patient;
1084	1255		(10) whether the abortion was performed or induced
1085	1256		because of a medical emergency and any medical condition of the
1086		-	pregnant woman that required the abortion; and
1087		-	(11) the information required under Sections
1088		-	171.008(a) and (c).
1089		-	ARTICLE 4. PROHIBITION OF ABORTION
	1257	+	pregnant woman that required the abortion;
	1258	+	(11) whether the physician made a determination of the
	1259	+	presence of a fetal heartbeat in accordance with Section 171.203;
	1260	+	and
	1261	+	(12) whether the physician performed or induced the
	1262	+	abortion under circumstances described by Section 171.205.
	1263	+	ARTICLE 4. PROVISIONS EFFECTIVE SEPTEMBER 1, 2025, OR EARLIER
1090	1264		SECTION 4.01. Chapter 170, Health and Safety Code, is
1091	1265		amended by adding Subchapter C to read as follows:
1092	1266		SUBCHAPTER C. PROHIBITION OF ABORTION
1093	1267		Sec. 170.101. ABORTION PROHIBITED. Notwithstanding any
1094	1268		other law, a person may not perform, induce, or attempt to perform
1095	1269		or induce an abortion unless the abortion is performed, induced, or
1096	1270		attempted to be performed or induced by a physician because of a
1097	1271		medical emergency as defined by Section 171.002.
1098	1272		Sec. 170.102. CIVIL REMEDY. (a) A civil action may be
1099	1273		brought against a person who violated Section 170.101 by:
1100	1274		(1) the woman on whom an abortion was performed,
1101	1275		induced, or attempted in violation of Section 170.101;
1102	1276		(2) the father of the preborn child for an abortion
1103	1277		performed, induced, or attempted on a pregnant woman in violation
1104	1278		of Section 170.101, unless the woman's pregnancy resulted from the
1105	1279		father's criminal conduct; or
1106	1280		(3) a maternal grandparent of the preborn child for an
1107	1281		abortion performed, induced, or attempted in violation of Section
1108	1282		170.101 on a pregnant woman who was less than 18 years of age at the
1109	1283		time of the violation, unless the woman's pregnancy resulted from
1110	1284		the maternal grandparent's criminal conduct.
1111	1285		(b) A person who brings an action under this section may
1112	1286		obtain:
1113	1287		(1) injunctive relief;
1114	1288		(2) damages incurred by the person, including:
1115	1289		(A) actual damages for all psychological,
1116	1290		emotional, and physical injuries resulting from the violation of
1117	1291		Section 170.101;
1118	1292		(B) court costs; and
1119	1293		(C) reasonable attorney's fees; or
1120	1294		(3) both injunctive relief and damages.
1121	1295		(c) An action for damages or injunctive relief under this
1122	1296		section must be filed:
1123	1297		(1) in a district court in the county in which the
1124	1298		woman on whom an abortion was performed, induced, or attempted in
1125	1299		violation of Section 170.101 resides; and
1126	1300		(2) not later than the sixth anniversary of the date
1127	1301		the abortion was performed, induced, or attempted in violation of
1128	1302		Section 170.101.
1129	1303		(d) The damages and injunctive relief authorized by this
1130	1304		section are in addition to any other remedy available by law.
1131	1305		(e) A civil action under this section may not be brought
1132	1306		against a woman on whom an abortion is performed, induced, or
1133	1307		attempted in violation of Section 170.101.
1134	1308		Sec. 170.103. REVOCATION OR SUSPENSION OF LICENSE. A
1135	1309		physician who violates Section 170.101 engages in unprofessional
1136	1310		conduct for which the physician's license may be suspended or
1137	1311		revoked under Chapter 164, Occupations Code.
1138	1312		SECTION 4.02. Section 19.06, Penal Code, is amended to read
1139	1313		as follows:
1140	1314		Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT.
1141	1315		Notwithstanding any other law, this [This] chapter applies [does
1142	1316		not apply] to the death of a preborn [an unborn] child unless [if]
1143	1317		the conduct charged is:
1144	1318		(1) conduct committed by the mother of the preborn
1145	1319		[unborn] child; or
1146	1320		(2) an abortion performed, induced, or attempted to be
1147	1321		performed or induced by a physician because of a medical emergency
1148	1322		as defined by Section 171.002, Health and Safety Code [a lawful
1149	1323		medical procedure performed by a physician or other licensed health
1150	1324		care provider with the requisite consent, if the death of the unborn
1151	1325		child was the intended result of the procedure;
1152	1326		[(3) a lawful medical procedure performed by a
1153	1327		physician or other licensed health care provider with the requisite
1154	1328		consent as part of an assisted reproduction as defined by Section
1155	1329		160.102, Family Code; or
1156	1330		[(4) the dispensation of a drug in accordance with law
1157	1331		or administration of a drug prescribed in accordance with law].
1158	1332		SECTION 4.03. Section 22.12, Penal Code, is amended to read
1159	1333		as follows:
1160	1334		Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT.
1161	1335		Notwithstanding any other law, this [This] chapter applies [does
1162	1336		not apply] to conduct charged as having been committed against an
1163	1337		individual who is a preborn [an unborn] child unless [if] the
1164	1338		conduct is:
1165	1339		(1) committed by the mother of the preborn [unborn]
1166	1340		child; or
1167	1341		(2) an abortion performed, induced, or attempted to be
1168	1342		performed or induced by a physician because of a medical emergency
1169	1343		as defined by Section 171.002, Health and Safety Code [a lawful
1170	1344		medical procedure performed by a physician or other health care
1171	1345		provider with the requisite consent;
1172	1346		[(3) a lawful medical procedure performed by a
1173	1347		physician or other licensed health care provider with the requisite
1174	1348		consent as part of an assisted reproduction as defined by Section
1175	1349		160.102, Family Code; or
1176	1350		[(4) the dispensation of a drug in accordance with law
1177	1351		or administration of a drug prescribed in accordance with law].
1178	1352		SECTION 4.04. The following provisions are repealed:
1179	1353		(1) Section 33.002(b), Family Code; and
1180	1354		(2) Section 171.063(b), Health and Safety Code.
1181	1355		SECTION 4.05. (a) Subchapter C, Chapter 170, Health and
1182	1356		Safety Code, as added by this article, and Sections 19.06 and 22.12,
1183	1357		Penal Code, as amended by this article, shall be construed, as a
1184	1358		matter of state law, to be enforceable to the maximum possible
1185	1359		extent consistent with but not further than federal constitutional
1186	1360		requirements, even if that construction is not readily apparent, as
1187	1361		such constructions are authorized only to the extent necessary to
1188	1362		save the subchapter from judicial invalidation. Judicial
1189	1363		reformation of statutory language is explicitly authorized only to
1190	1364		the extent necessary to save the statutory provision from
1191	1365		invalidity.
1192	1366		(b) If any court determines that a provision described by
1193	1367		Subsection (a) of this section is unconstitutionally vague, the
1194	1368		court shall interpret the provision, as a matter of state law, to
1195	1369		avoid the vagueness problem and shall enforce the provision to the
1196	1370		maximum possible extent. If a federal court finds any provision
1197	1371		described by Subsection (a) of this section or its application to
1198	1372		any person, group of persons, or circumstances to be
1199	1373		unconstitutionally vague and declines to impose the saving
1200	1374		construction described by this section, the Texas Supreme Court
1201	1375		shall provide an authoritative construction of the objectionable
1202	1376		statutory provisions that avoids the constitutional problems while
1203	1377		enforcing the statute's restrictions to the maximum possible extent
1204	1378		and shall agree to answer any question certified from a federal
1205	1379		appellate court regarding the statute.
1206	1380		(c) An executive or administrative state official may not
1207	1381		decline to enforce a provision described by Subsection (a) of this
1208	1382		section, or adopt a construction of that provision or this section
1209	1383		in a way that narrows its applicability, based on the official's own
1210	1384		beliefs concerning the requirements of the state or federal
1211	1385		constitution, unless the official is enjoined by a state or federal
1212	1386		court from enforcing that provision.
1213	1387		(d) Sections 19.06 and 22.12, Penal Code, as amended by this
1214	1388		article, may not be construed to authorize the prosecution of or a
1215	1389		cause of action to be brought against a woman on whom an abortion is
1216	1390		performed, induced, or attempted to be performed or induced in
1217	1391		violation of Section 170.101, Health and Safety Code, as added by
1218	1392		this article.
1219	1393		ARTICLE 5. TRANSITIONS, SEVERABILITY, PREEMPTION,
1220	1394		CONSTITUTIONALITY, AND EFFECTIVE DATE
1221	1395		SECTION 5.01. Not later than December 1, 2021:
1222	1396		(1) the Health and Human Services Commission shall:
1223	1397		(A) develop the perinatal palliative care
1224	1398		informational materials, list of perinatal palliative care
1225	1399		providers and programs, and perinatal palliative care
1226	1400		certification form required by Subchapter X, Chapter 161, Health
1227	1401		and Safety Code, as added by this Act; and
1228	1402		(B) update any forms and informational materials
1229	1403		under Subchapter B, Chapter 171, Health and Safety Code, as amended
1230	1404		by this Act; and
1231	1405		(2) the executive commissioner of the Health and Human
1232	1406		Services Commission shall adopt any rules necessary to implement
1233	1407		Subchapter X, Chapter 161, Health and Safety Code, as added by this
1234	1408		Act, and Subchapter B, Chapter 171, Health and Safety Code, as
1235	1409		amended by this Act.
1236	1410		SECTION 5.02. (a) Subchapter X, Chapter 161, Health and
1237	1411		Safety Code, as added by this Act, applies only to a diagnosis of a
1238	1412		life-threatening disability of a pregnant woman's preborn child
1239	1413		made on or after January 1, 2022.
1240		-	(b) ~~Subchapter B,~~ Chapter 170, Health and Safety Code, as
1241		-	~~added by this~~ Act, Subchapters B and C, Chapter 171, Health and
1242		-	~~Safety Code, as~~ amended by this Act, and Chapter 164, Occupations
1243		-	~~Code, as amended~~ by this Act, apply only to an abortion performed,
1244		-	~~induced, or~~ attempted to be performed or induced or other conduct
1245		-	~~that occurred~~ on or after January 1, 2022. An abortion performed,
1246		-	~~induced, or~~ attempted to be performed or induced or other conduct
1247		-	~~that occurred~~ before that date is governed by the law in effect
1248		-	~~immediately before~~ the effective date of this Act, and that law is
1249		-	~~continued in effect~~ for that purpose.
	1414	+	(b) Chapter 170, Health and Safety Code, as added by this
	1415	+	Act, Subchapters B and C, Chapter 171, Health and Safety Code, as
	1416	+	amended by this Act, and Chapter 164, Occupations Code, as amended
	1417	+	by this Act, apply only to an abortion performed, induced, or
	1418	+	attempted to be performed or induced or other conduct that occurred
	1419	+	on or after January 1, 2022. An abortion performed, induced, or
	1420	+	attempted to be performed or induced or other conduct that occurred
	1421	+	before that date is governed by the law in effect immediately before
	1422	+	the effective date of this Act, and that law is continued in effect
	1423	+	for that purpose.
1250	1424		(c) Subchapter C, Chapter 170, Health and Safety Code, as
1251	1425		added by this Act, applies only to an abortion that is performed,
1252	1426		induced, or attempted to be performed or induced on or after the
1253	1427		effective date of Article 4 of this Act.
1254		-	(d) Subchapter H, Chapter 171, Health and Safety Code, as
1255		-	added by this Act, applies only to an abortion performed, induced,
1256		-	or attempted to be performed or induced on or after January 1, 2022.
1257		-	(e) Sections 19.06 and 22.12, Penal Code, as amended by this
	1428	+	(d) Sections 19.06 and 22.12, Penal Code, as amended by this
1258	1429		Act, apply only to conduct that occurs on or after the effective
1259	1430		date of Article 4 of this Act. Conduct that occurs before that date
1260	1431		is governed by the law in effect on the date the conduct occurred,
1261	1432		and that law is continued in effect for that purpose.
1262		-	(f) Sections 19.06 and 22.12, Penal Code, as amended by this
	1433	+	(e) Sections 19.06 and 22.12, Penal Code, as amended by this
1263	1434		Act, apply only to an offense committed on or after the effective
1264		-	date of Article 4 of this Act. An offense committed before that
1265		-	~~date~~ is governed by the law in effect when the offense was
1266		-	~~committed, and~~ the former law is continued in effect for that
1267		-	~~purpose. For purposes~~ of this subsection, an offense is committed
1268		-	~~before the effective~~ date of Article 4 of this Act if any element of
1269		-	~~the offense occurs~~ before that date.
	1435	+	date of Article 4 of this Act. An offense committed before that date
	1436	+	is governed by the law in effect when the offense was committed, and
	1437	+	the former law is continued in effect for that purpose. For purposes
	1438	+	of this subsection, an offense is committed before the effective
	1439	+	date of Article 4 of this Act if any element of the offense occurs
	1440	+	before that date.
1270	1441		SECTION 5.03. (a) It is the intent of the legislature that
1271	1442		if a court suspends enforcement of any provision of this Act, the
1272	1443		suspension is not to be regarded as repealing that provision.
1273	1444		(b) If any provision of this Act is held invalid or if the
1274	1445		application of any provision to any person or circumstance is held
1275	1446		invalid, the invalidity of that provision or application does not
1276	1447		affect any other provision or application of this Act that can be
1277	1448		given effect without the invalid provision or application, and to
1278	1449		this end, the provisions of this Act are severable. It is the
1279	1450		intent of the legislature that any invalidity or potential
1280	1451		invalidity of a provision of this Act does not impair the immediate
1281	1452		and continuing enforceability of the remaining provisions. It is
1282	1453		furthermore the intent of the legislature that the provisions of
1283	1454		this Act do not have the effect of repealing or limiting any other
1284	1455		laws of this state.
1285	1456		(c) The legislature intends that each provision of this Act
1286	1457		as applicable to each individual woman is severable from each other
1287	1458		provision of this Act. In the unexpected event that a court finds
1288	1459		the application of any provision of this Act to impose an
1289	1460		impermissible undue burden on any pregnant woman or group of
1290	1461		pregnant women, the application of the provision to those women is
1291	1462		severed from the application of the remaining provisions of this
1292	1463		Act that do not impose an undue burden, and those remaining
1293	1464		applications remain in force and unaffected, consistent with
1294	1465		Section 5.02 of this article.
1295	1466		SECTION 5.04. (a) After the issuance of a decision by the
1296	1467		United States Supreme Court overruling any prior ruling that
1297	1468		prohibits states from wholly or partly prohibiting abortion, the
1298	1469		issuance of any court order or judgment restoring, expanding, or
1299	1470		clarifying the authority of states to wholly or partly prohibit or
1300	1471		regulate abortion, or the effective date of an amendment to the
1301	1472		United States Constitution restoring, expanding, or clarifying the
1302	1473		authority of states to wholly or partly prohibit or regulate
1303	1474		abortion, the attorney general may apply to the appropriate state
1304	1475		or federal court for:
1305	1476		(1) a declaration that any one or more provisions of
1306	1477		this Act are constitutional; or
1307	1478		(2) a judgment or order lifting an injunction against
1308	1479		the enforcement of any one or more provisions of this Act.
1309	1480		(b) If the attorney general fails to apply for the relief
1310	1481		described by Subsection (a) of this section not later than the 30th
1311	1482		day after the date an event described by that subsection occurs, any
1312	1483		district attorney may apply to the appropriate state or federal
1313	1484		court for the relief described by that subsection.
1314		-	SECTION 5.05. The Health and Human Services Commission is
1315		-	required to implement a provision of this Act only if the
1316		-	legislature appropriates money to the commission specifically for
1317		-	that purpose. If the legislature does not appropriate money
1318		-	specifically for that purpose, the commission may, but is not
1319		-	required to, implement a provision of this Act using other
1320		-	appropriations that are available for that purpose.
1321		-	SECTION 5.06. (a) Except as otherwise provided by this
	1485	+	SECTION 5.05. (a) Except as otherwise provided by this
1322	1486		section, this Act takes effect September 1, 2021.
1323		-	(b) Article 4 of this Act takes effect the earlier of:
1324		-	(1) to the extent permitted, on the 30th day after:
1325		-	(A) the issuance of a United States Supreme Court
1326		-	judgment in a decision overruling, wholly or partly, Roe v. Wade,
1327		-	410 U.S. 113 (1973), as modified by Planned Parenthood v. Casey, 505
1328		-	U.S. 833 (1992), thereby allowing the states of the United States to
1329		-	prohibit abortion;
1330		-	(B) the issuance of any other United States
1331		-	Supreme Court judgment in a decision that recognizes, wholly or
1332		-	partly, the authority of the states to prohibit abortion; or
1333		-	(C) adoption of an amendment to the United States
1334		-	Constitution that, wholly or partly, restores to the states the
1335		-	authority to prohibit abortion;
1336		-	(2) the 91st day after the date the attorney general
1337		-	submits a report required by Section 171.0055, Health and Safety
1338		-	Code, as added by this Act, that certifies that a court of competent
1339		-	jurisdiction has held provisions substantially similar to the
1340		-	provisions in Article 4 of this Act to be constitutional; or
1341		-	(3) September 1, 2025.
	1487	+	(b) Article 3 of this Act takes effect the earlier of:
	1488	+	(1) the 91st day after the date the attorney general
	1489	+	submits a report required by Section 402.003, Government Code, that
	1490	+	states a court of competent jurisdiction has held the provisions in
	1491	+	Article 3 of this Act to be constitutional; or
	1492	+	(2) September 1, 2023.
	1493	+	(c) Article 4 of this Act takes effect the earlier of:
	1494	+	(1) the 91st day after the date the attorney general
	1495	+	submits a report required by Section 402.003, Government Code, that
	1496	+	states a court of competent jurisdiction has held the provisions in
	1497	+	Article 4 of this Act to be constitutional; or
	1498	+	(2) September 1, 2025.