Texas 2021 - 87th Regular

Texas Senate Bill SB1647 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R19390 SCL-D
2	1		By: Perry, et al. S.B. No. 1647
3		-	(Oliverson, Klick, Price, Schaefer, et al.)
4		-	Substitute the following for S.B. No. 1647: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to information regarding perinatal palliative care,
10	7		regulation of abortion, and the availability of certain defenses to
11		-	prosecution for homicide and assault offenses; ~~creating a criminal~~
12		-	offense.
	8	+	prosecution for homicide and assault offenses; providing an
	9	+	administrative penalty; creating a criminal offense.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		ARTICLE 1. LEGISLATIVE FINDINGS
15	12		SECTION 1.01. The legislature finds that:
16	13		(1) Texas has a compelling state interest in
17	14		protecting all Texans from discrimination based on sex, race, and
18	15		disability;
19	16		(2) Texas enforces prohibitions against
20	17		discrimination based on sex, race, and disability in various areas,
21	18		including housing, employment, education, insurance, and health
22	19		program and service provision; and
23	20		(3) Texas never repealed, either expressly or by
24	21		implication, the state statutes enacted before the ruling in Roe v.
25	22		Wade, 410 U.S. 113 (1973), that prohibit and criminalize abortion
26	23		unless the mother's life is in danger.
27		-	ARTICLE 2. ~~DISCRIMINATORY ABORTIONS PROHIBITED~~
	24	+	ARTICLE 2. PROVISIONS EFFECTIVE SEPTEMBER 1, 2021
28	25		SECTION 2.01. Chapter 161, Health and Safety Code, is
29	26		amended by adding Subchapter X to read as follows:
30	27		SUBCHAPTER X. PERINATAL PALLIATIVE CARE
31	28		Sec. 161.701. PURPOSE OF SUBCHAPTER. The purpose of this
32	29		subchapter is to ensure that a pregnant woman who receives a
33	30		diagnosis of a life-threatening disability of the woman's preborn
34	31		child is informed of the availability of perinatal palliative care.
35	32		Sec. 161.702. DEFINITION. In this subchapter, "perinatal
36	33		palliative care" means the provision of comprehensive, supportive
37	34		care to reduce the suffering of a pregnant woman, her preborn child,
38	35		and her family, from diagnosis of the preborn child's
39	36		life-threatening disability through the delivery and possible
40	37		death of the child as a result of the life-threatening disability.
41	38		The term includes medical, social, and mental health care,
42	39		including counseling and health care provided by maternal-fetal
43	40		medical specialists, obstetricians, neonatologists, anesthesia
44	41		specialists, specialty nurses, clergy, social workers, and other
45	42		individuals focused on alleviating fear and pain and ensuring the
46	43		pregnant woman, her preborn child, and her family experience a
47	44		supportive environment.
48	45		Sec. 161.703. PERINATAL PALLIATIVE CARE INFORMATIONAL
49	46		MATERIALS. (a) The commission shall develop perinatal palliative
50	47		care informational materials and post the materials on the
51	48		commission's Internet website. The materials must include:
52	49		(1) a description of the health care and other
53	50		services available through perinatal palliative care; and
54	51		(2) information about medical assistance benefits
55	52		that may be available for prenatal care, childbirth, and perinatal
56	53		palliative care.
57	54		(b) The commission shall develop, regularly update, and
58	55		publish a geographically indexed list of all perinatal palliative
59	56		care providers and programs in this state. The commission may
60	57		include perinatal palliative care providers and programs in other
61	58		states that provide care to residents of this state but may not
62	59		include an abortion provider, as defined by Section 171.002, or an
63	60		affiliate, as defined by Section 2272.001, Government Code, as
64	61		added by Chapter 501 (S.B. 22), Acts of the 86th Legislature,
65	62		Regular Session, 2019, of an abortion provider. The commission
66	63		shall post the list of perinatal palliative care providers and
67	64		programs, including contact information, on the commission's
68	65		Internet website and note the providers and programs that provide
69	66		services free of charge.
70	67		Sec. 161.704. PERINATAL PALLIATIVE CARE CERTIFICATION
71	68		FORM. The commission shall develop a form on which a pregnant woman
72	69		certifies that she has received the perinatal palliative care
73	70		informational materials and list of the perinatal palliative care
74	71		providers and programs described by Section 161.703.
75	72		Sec. 161.705. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF
76	73		PREBORN CHILD'S LIFE-THREATENING DISABILITY. A health care
77	74		provider who diagnoses a pregnant woman's preborn child as having a
78	75		life-threatening disability shall, at the time of the diagnosis:
79	76		(1) provide the pregnant woman with a written copy of:
80	77		(A) the perinatal palliative care informational
81	78		materials and list of the perinatal palliative care providers and
82	79		programs described by Section 161.703; and
83	80		(B) the perinatal palliative care certification
84	81		form described by Section 161.704; and
85	82		(2) obtain from the pregnant woman the signed
86	83		perinatal palliative care certification form and place the form in
87	84		the pregnant woman's medical records.
88	85		Sec. 161.706. EXCEPTION. A health care provider is not
89	86		required to provide the perinatal palliative care informational
90	87		materials or perinatal palliative care certification form under
91	88		this subchapter if the health care provider verifies the pregnant
92	89		woman's medical record contains a signed perinatal palliative care
93	90		certification form for that pregnancy as required under Section
94	91		161.705(2).
95	92		SECTION 2.02. Chapter 170, Health and Safety Code, is
96	93		amended by designating Sections 170.001 and 170.002 as Subchapter A
97	94		and adding a subchapter heading to read as follows:
98	95		SUBCHAPTER A. GENERAL PROVISIONS; POST-VIABILITY ABORTION
99	96		PROHIBITED
100	97		SECTION 2.03. Section 170.001, Health and Safety Code, is
101	98		amended by adding Subdivision (2-a) to read as follows:
102	99		(2-a) "Preborn child" means an unborn child as defined
103	100		by Section 171.061.
104	101		SECTION 2.04. Section 170.002, Health and Safety Code, is
105	102		amended to read as follows:
106	103		Sec. 170.002. PROHIBITED ACTS; EXEMPTION. (a) Except as
107	104		provided by Subsection (b), a person may not intentionally or
108	105		knowingly perform or induce an abortion on a woman who is pregnant
109	106		with a preborn [viable unborn] child during the third trimester of
110	107		the pregnancy.
111	108		(b) Subsection (a) does not prohibit a person from
112	109		performing or inducing an abortion if at the time of the abortion
113	110		the person is a physician and concludes in good faith according to
114	111		the physician's best medical judgment that[:
115	112		[(1) the fetus is not a viable fetus and the pregnancy
116	113		is not in the third trimester;
117	114		[(2)] the abortion is necessary due to a medical
118	115		emergency, as defined by Section 171.002 [to prevent the death or a
119	116		substantial risk of serious impairment to the physical or mental
120	117		health of the woman; or
121	118		[(3) the fetus has a severe and irreversible
122	119		abnormality, identified by reliable diagnostic procedures].
123	120		(c) A physician who performs or induces an abortion that,
124	121		according to the physician's best medical judgment at the time of
125	122		the abortion, is to abort a preborn [viable unborn] child during the
126	123		third trimester of the pregnancy shall certify in writing to the
127	124		commission, on a form prescribed by the commission, the medical
128	125		indications supporting the physician's judgment that the abortion
129	126		was authorized by Subsection (b) [(b)(2) or (3). If the physician
130	127		certifies the abortion was authorized by Subsection (b)(3), the
131	128		physician shall certify in writing on the form the fetal
132	129		abnormality identified by the physician]. The certification must
133	130		be made not later than the 30th day after the date the abortion was
134	131		performed or induced.
135	132		SECTION 2.05. Chapter 170, Health and Safety Code, is
136	133		amended by adding Subchapter B to read as follows:
137	134		SUBCHAPTER B. PREBORN NONDISCRIMINATION ACT
138	135		Sec. 170.051. DEFINITION. In this subchapter, "disability"
139	136		means:
140	137		(1) a physical or mental impairment that would
141	138		substantially limit one or more of an individual's major life
142	139		activities;
143	140		(2) an assessment referencing an individual's
144	141		impairment described by Subdivision (1); or
145	142		(3) a physical disfigurement, scoliosis, dwarfism,
146	143		Down syndrome, albinism, amelia, or any other type of physical,
147	144		mental, or intellectual abnormality or disease.
148	145		Sec. 170.052. DISCRIMINATORY ABORTION PROHIBITED. A person
149	146		may not:
150	147		(1) knowingly perform or induce or attempt to perform
151	148		or induce on a pregnant woman an abortion based on the race,
152	149		ethnicity, sex, or disability of the woman's preborn child,
153	150		including a probability of diagnosis that the child has a
154	151		disability; or
155	152		(2) use force or the threat of force to intentionally
156	153		injure or intimidate a person to coerce the performance or
157	154		inducement or attempted performance or inducement of an abortion
158	155		based on the race, ethnicity, sex, or disability of the woman's
159	156		preborn child, including a probability of diagnosis that the child
160	157		has a disability.
161	158		Sec. 170.053. CRIMINAL PENALTY. (a) A person who violates
162	159		Section 170.052 commits an offense. An offense under this
163	160		subsection is a Class A misdemeanor.
164	161		(b) A woman on whom an abortion is performed or induced or
165	162		attempted to be performed or induced in violation of Section
166	163		170.052 may not be prosecuted for a violation of that section or for
167	164		conspiracy to commit a violation of that section.
168	165		Sec. 170.054. LICENSE SUSPENSION OR REVOCATION. A
169	166		physician who violates Section 170.052 engages in unprofessional
170	167		conduct for which the physician's license may be suspended or
171	168		revoked under Chapter 164, Occupations Code.
172	169		Sec. 170.055. CIVIL REMEDIES. (a) A civil action may be
173	170		brought against a person who violates Section 170.052 by:
174	171		(1) the woman on whom an abortion was performed or
175	172		induced or attempted to be performed or induced in violation of
176	173		Section 170.052;
177	174		(2) the father of the preborn child for an abortion
178	175		performed or induced or attempted to be performed or induced on a
179	176		pregnant woman in violation of Section 170.052, unless the woman's
180	177		pregnancy resulted from the father's criminal conduct; or
181	178		(3) a maternal grandparent of the preborn child for an
182	179		abortion performed or induced or attempted to be performed or
183	180		induced in violation of Section 170.052 on a pregnant woman who was
184	181		less than 18 years of age at the time of the violation, unless the
185	182		woman's pregnancy resulted from the maternal grandparent's criminal
186	183		conduct.
187	184		(b) A person who brings an action under this section may
188	185		obtain:
189	186		(1) injunctive relief;
190	187		(2) damages incurred by the person, including:
191	188		(A) actual damages for all psychological,
192	189		emotional, and physical injuries resulting from the violation of
193	190		Section 170.052;
194	191		(B) court costs; and
195	192		(C) reasonable attorney's fees; or
196	193		(3) both injunctive relief and damages.
197	194		(c) An action for damages or injunctive relief under this
198	195		section must be filed:
199	196		(1) in a district court in the county in which the
200	197		woman on whom an abortion was performed or induced or attempted to
201	198		be performed or induced in violation of Section 170.052 resides;
202	199		and
203	200		(2) not later than the sixth anniversary of the date
204	201		the abortion was performed or induced or attempted to be performed
205	202		or induced in violation of Section 170.052.
206	203		(d) The damages and injunctive relief authorized by this
207	204		section are in addition to any other remedy available by law.
208	205		(e) A civil action under this section may not be brought
209	206		against a woman on whom an abortion is performed or induced or
210	207		attempted to be performed or induced in violation of Section
211	208		170.052.
212	209		SECTION 2.06. Section 171.002, Health and Safety Code, is
213	210		amended by adding Subdivision (3-a) to read as follows:
214	211		(3-a) "Preborn child" means an unborn child as defined
215	212		by Section 171.061.
216	213		SECTION 2.07. Subchapter A, Chapter 171, Health and Safety
217		-	Code, is amended by adding Sections 171.0055 and 171.008 to read as
218		-	follows:
219		-	Sec. 171.0055. REPORT BY ATTORNEY GENERAL. (a) The
220		-	attorney general shall certify and submit a written report to the
221		-	governor and the legislature not later than the 31st day after the
222		-	date any of the following occurs:
223		-	(1) the issuance of a United States Supreme Court
224		-	judgment in a decision overruling, wholly or partly, Roe v. Wade,
225		-	410 U.S. 113 (1973), as modified by Planned Parenthood v. Casey, 505
226		-	U.S. 833 (1992), thereby allowing the states to prohibit abortion;
227		-	(2) the issuance of any other United States Supreme
228		-	Court judgment in a decision that recognizes, wholly or partly, the
229		-	authority of states to prohibit abortion; or
230		-	(3) the adoption of an amendment to the United States
231		-	Constitution that, wholly or partly, restores to the states the
232		-	authority to prohibit abortion.
233		-	(b) The attorney general shall make available a copy of the
234		-	report required by Subsection (a) on the attorney general's
235		-	Internet website not later than the 31st day after the date the
236		-	attorney general submits the report.
	214	+	Code, is amended by adding Section 171.008 to read as follows:
237	215		Sec. 171.008. REQUIRED DOCUMENTATION. (a) If an abortion
238	216		is performed or induced on a pregnant woman because of a medical
239	217		emergency, the physician who performs or induces the abortion shall
240	218		execute a written document that certifies the abortion is necessary
241	219		due to a medical emergency and specifies the woman's medical
242	220		condition requiring the abortion.
243	221		(b) A physician shall:
244	222		(1) place the document described by Subsection (a) in
245	223		the pregnant woman's medical record; and
246	224		(2) maintain a copy of the document described by
247	225		Subsection (a) in the physician's practice records.
248	226		(c) A physician who performs or induces an abortion on a
249	227		pregnant woman shall:
250	228		(1) if the abortion is performed or induced to
251	229		preserve the health of the pregnant woman, execute a written
252	230		document that:
253	231		(A) specifies the medical condition the abortion
254	232		is asserted to address; and
255	233		(B) provides the medical rationale for the
256	234		physician's conclusion that the abortion is necessary to address
257	235		the medical condition; or
258	236		(2) for an abortion other than an abortion described
259	237		by Subdivision (1), specify in a written document that maternal
260	238		health is not a purpose of the abortion.
261	239		(d) The physician shall maintain a copy of a document
262	240		described by Subsection (c) in the physician's practice records.
263	241		SECTION 2.08. Section 171.012, Health and Safety Code, is
264	242		amended by amending Subsection (a) and adding Subsections (g) and
265	243		(h) to read as follows:
266	244		(a) Consent to an abortion is voluntary and informed only
267	245		if:
268	246		(1) the physician who is to perform or induce the
269	247		abortion informs the pregnant woman on whom the abortion is to be
270	248		performed or induced of:
271	249		(A) the physician's name;
272	250		(B) the particular medical risks associated with
273	251		the particular abortion procedure to be employed, including, when
274	252		medically accurate:
275	253		(i) the risks of infection and hemorrhage;
276	254		(ii) the potential danger to a subsequent
277	255		pregnancy and of infertility; and
278	256		(iii) the possibility of increased risk of
279	257		breast cancer following an induced abortion and the natural
280	258		protective effect of a completed pregnancy in avoiding breast
281	259		cancer;
282	260		(C) the probable gestational age of the preborn
283	261		[unborn] child at the time the abortion is to be performed or
284	262		induced; [and]
285	263		(D) the medical risks associated with carrying
286	264		the preborn child to term; and
287	265		(E) the state law prohibiting abortion of a
288	266		preborn child solely based on the preborn child's race, ethnicity,
289		-	sex, or disability as defined by Section 170.051, including a
	267	+	sex, or disability, as defined by Section 170.051, including a
290	268		probability of diagnosis that the child has a disability;
291	269		(2) the physician who is to perform or induce the
292	270		abortion or the physician's agent informs the pregnant woman that:
293	271		(A) medical assistance benefits may be available
294	272		for prenatal care, childbirth, and neonatal care;
295	273		(B) the father is liable for assistance in the
296	274		support of the child without regard to whether the father has
297	275		offered to pay for the abortion; and
298	276		(C) public and private agencies provide
299	277		pregnancy prevention counseling and medical referrals for
300	278		obtaining pregnancy prevention medications or devices, including
301	279		emergency contraception for victims of rape or incest;
302	280		(3) the physician who is to perform or induce the
303	281		abortion or the physician's agent:
304	282		(A) provides the pregnant woman with the printed
305	283		materials described by Section 171.014; and
306	284		(B) informs the pregnant woman that those
307	285		materials:
308	286		(i) have been provided by the commission
309	287		[Department of State Health Services];
310	288		(ii) are accessible on an Internet website
311	289		sponsored by the commission [department];
312	290		(iii) describe the preborn [unborn] child
313	291		and list agencies that offer alternatives to abortion; and
314	292		(iv) include a list of agencies that offer
315	293		sonogram services at no cost to the pregnant woman;
316	294		(4) before any sedative or anesthesia is administered
317	295		to the pregnant woman and at least 24 hours before the abortion or
318	296		at least two hours before the abortion if the pregnant woman waives
319	297		this requirement by certifying that she currently lives 100 miles
320	298		or more from the nearest abortion provider that is a facility
321	299		licensed under Chapter 245 or a facility that performs or induces
322	300		more than 50 abortions in any 12-month period:
323	301		(A) the physician who is to perform or induce the
324	302		abortion or an agent of the physician who is also a sonographer
325	303		certified by a national registry of medical sonographers performs a
326	304		sonogram on the pregnant woman on whom the abortion is to be
327	305		performed or induced;
328	306		(B) the physician who is to perform or induce the
329	307		abortion displays the sonogram images in a quality consistent with
330	308		current medical practice in a manner that the pregnant woman may
331	309		view them;
332	310		(C) the physician who is to perform or induce the
333	311		abortion provides, in a manner understandable to a layperson, a
334	312		verbal explanation of the results of the sonogram images, including
335	313		a medical description of the dimensions of the embryo or fetus, the
336	314		presence of cardiac activity, and the presence of external members
337	315		and internal organs; and
338	316		(D) the physician who is to perform or induce the
339	317		abortion or an agent of the physician who is also a sonographer
340	318		certified by a national registry of medical sonographers makes
341	319		audible the heart auscultation for the pregnant woman to hear, if
342	320		present, in a quality consistent with current medical practice and
343	321		provides, in a manner understandable to a layperson, a simultaneous
344	322		verbal explanation of the heart auscultation;
345	323		(5) before receiving a sonogram under Subdivision
346	324		(4)(A) and before the abortion is performed or induced and before
347	325		any sedative or anesthesia is administered, the pregnant woman
348	326		completes and certifies with her signature an election form that
349	327		states as follows:
350	328		"ABORTION AND SONOGRAM ELECTION
351	329		(1) THE INFORMATION AND PRINTED MATERIALS
352	330		DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
353	331		AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
354	332		ME.
355	333		(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF
356	334		AN ABORTION.
357	335		(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM
358	336		PRIOR TO RECEIVING AN ABORTION.
359	337		(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW
360	338		THE SONOGRAM IMAGES.
361	339		(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR
362	340		THE HEARTBEAT.
363	341		(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO
364	342		HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
365	343		CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
366	344		___ I AM PREGNANT AS A RESULT OF A SEXUAL
367	345		ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL
368	346		CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT
369	347		AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I
370	348		REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK
371	349		OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
372	350		___ I AM A MINOR AND OBTAINING AN ABORTION IN
373	351		ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
374	352		CHAPTER 33, TEXAS FAMILY CODE.
375	353		___ MY PREBORN CHILD [FETUS] HAS AN IRREVERSIBLE
376	354		MEDICAL CONDITION OR ABNORMALITY, AS IDENTIFIED BY
377	355		RELIABLE DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY
378	356		MEDICAL FILE.
379	357		(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL
380	358		AND WITHOUT COERCION.
381	359		(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM
382	360		THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
383	361		LICENSED UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY
384	362		CODE, OR A FACILITY THAT PERFORMS OR INDUCES MORE THAN
385	363		50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
386	364		I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100
387	365		MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT
388	366		IS A FACILITY LICENSED UNDER CHAPTER 245, TEXAS HEALTH
389	367		AND SAFETY CODE, OR A FACILITY THAT PERFORMS OR INDUCES
390	368		MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE
391	369		THE REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS
392	370		PERFORMED BEFORE RECEIVING THE ABORTION PROCEDURE. MY
393	371		PLACE OF RESIDENCE IS:__________.
394	372		________________________________________
395	373		SIGNATURE DATE";
396	374		(6) before the abortion is performed or induced, the
397	375		physician who is to perform or induce the abortion receives a copy
398	376		of the signed, written certification required by Subdivision (5);
399	377		and
400	378		(7) the pregnant woman is provided the name of each
401	379		person who provides or explains the information required under this
402	380		subsection.
403	381		(g) If the pregnant woman's preborn child has been diagnosed
404	382		with a life-threatening disability, the physician who is to perform
405	383		the abortion shall, at least 24 hours before the abortion or at
406	384		least two hours before the abortion if the pregnant woman waives
407	385		this requirement by certifying that she currently lives 100 miles
408	386		or more from the nearest abortion provider that is a facility
409	387		licensed under Chapter 245 or a facility in which more than 50
410	388		abortions are performed in any 12-month period:
411	389		(1) orally and in person, inform the pregnant woman of
412	390		the availability of perinatal palliative care, as that term is
413	391		defined by Section 161.702; and
414	392		(2) provide the pregnant woman with a written copy of:
415	393		(A) the perinatal palliative care informational
416	394		materials and list of the perinatal palliative care providers and
417	395		programs described by Section 161.703; and
418	396		(B) the perinatal palliative care certification
419	397		form described by Section 161.704.
420	398		(h) If a pregnant woman described by Subsection (g), after
421	399		receiving from the physician who is to perform or induce the
422	400		abortion the perinatal palliative care informational materials and
423	401		certification form described by that subsection in the manner
424	402		required by that subsection, chooses to have an abortion instead of
425	403		continuing the pregnancy in perinatal palliative care, the
426	404		physician may perform or induce the abortion only after:
427	405		(1) the pregnant woman signs the certification form;
428	406		and
429	407		(2) the physician places the signed certification form
430	408		in the pregnant woman's medical records.
431	409		SECTION 2.09. Section 171.0121, Health and Safety Code, is
432	410		amended to read as follows:
433	411		Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion
434	412		begins, a copy of the signed, written certification received by the
435	413		physician under Section 171.012(a)(6) and, if applicable, under
436	414		Section 161.704 must be placed in the pregnant woman's medical
437	415		records.
438	416		(b) A copy of the signed, written certification required
439	417		under Sections 171.012(a)(5) and (6) and of any signed, written
440	418		certification required under Section 161.704 shall be retained by
441	419		the facility where the abortion is performed or induced until:
442	420		(1) the seventh anniversary of the date the
443	421		certification [it] is signed; or
444	422		(2) if the pregnant woman is a minor, the later of:
445	423		(A) the seventh anniversary of the date the
446	424		certification [it] is signed; or
447	425		(B) the woman's 21st birthday.
448	426		SECTION 2.10. Section 171.014(a), Health and Safety Code,
449	427		is amended to read as follows:
450	428		(a) The department shall publish informational materials
451	429		that include:
452	430		(1) the information required to be provided under
453	431		Sections 171.012(a)(1)(B), [and] (D), and (E) and (a)(2)(A), (B),
454	432		and (C); and
455	433		(2) the materials required by Sections 161.703,
456	434		171.015, and 171.016.
457	435		SECTION 2.11. The heading to Subchapter C, Chapter 171,
458	436		Health and Safety Code, is amended to read as follows:
459	437		SUBCHAPTER C. ABORTION PROHIBITED AT OR AFTER 20 WEEKS PROBABLE
460	438		GESTATIONAL AGE [POST-FERTILIZATION]
461	439		SECTION 2.12. Section 171.042, Health and Safety Code, is
462	440		amended by adding Subdivision (1-a) to read as follows:
463	441		(1-a) "Probable gestational age" means the duration of
464	442		a pregnancy measured by the number of weeks and days that have
465	443		elapsed from the first day of the pregnant woman's last menstrual
466	444		period out of an expected 40-week gestation.
467	445		SECTION 2.13. Sections 171.043, 171.044, and 171.045,
468	446		Health and Safety Code, are amended to read as follows:
469	447		Sec. 171.043. DETERMINATION OF PROBABLE GESTATIONAL
470	448		[POST-FERTILIZATION] AGE REQUIRED. Except as otherwise provided by
471	449		Section 171.046, a physician may not perform or induce or attempt to
472	450		perform or induce an abortion without, prior to the procedure:
473	451		(1) making a determination of the probable gestational
474	452		[post-fertilization] age of the preborn [unborn] child; or
475	453		(2) possessing and relying on a determination of the
476	454		probable gestational [post-fertilization] age of the preborn
477	455		[unborn] child made by another physician.
478	456		Sec. 171.044. ABORTION OF PREBORN [UNBORN] CHILD OF 20 OR
479	457		MORE WEEKS PROBABLE GESTATIONAL [POST-FERTILIZATION] AGE
480	458		PROHIBITED. Except as otherwise provided by Section 171.046, a
481	459		person may not perform or induce or attempt to perform or induce an
482	460		abortion on a woman if it has been determined, by the physician
483	461		performing, inducing, or attempting to perform or induce the
484	462		abortion or by another physician on whose determination that
485	463		physician relies, that the probable gestational
486	464		[post-fertilization] age of the preborn [unborn] child is 20 or
487	465		more weeks.
488	466		Sec. 171.045. METHOD OF ABORTION. (a) This section applies
489	467		only to an abortion authorized under Section 171.046(a)(1) or (2)
490	468		in which:
491	469		(1) the probable gestational [post-fertilization] age
492	470		of the preborn [unborn] child is 20 or more weeks; or
493	471		(2) the probable gestational [post-fertilization] age
494	472		of the preborn [unborn] child has not been determined but could
495	473		reasonably be 20 or more weeks.
496	474		(b) Except as otherwise provided by Section 171.046(a)(3),
497	475		a physician performing or inducing an abortion under Subsection (a)
498	476		shall terminate the pregnancy in the manner that, in the
499	477		physician's reasonable medical judgment, provides the best
500	478		opportunity for the preborn [unborn] child to survive.
501	479		SECTION 2.14. Section 171.046(a), Health and Safety Code,
502	480		is amended to read as follows:
503	481		(a) The prohibitions and requirements under Sections
504	482		171.043, 171.044, and 171.045(b) do not apply to an abortion
505	483		performed or induced if there exists a condition that, in the
506	484		physician's reasonable medical judgment, so complicates the
507	485		medical condition of the woman that, to avert the woman's death or a
508	486		serious risk of substantial and irreversible physical impairment of
509	487		a major bodily function, other than a psychological condition, it
510	488		necessitates, as applicable:
511	489		(1) the immediate abortion of her pregnancy without
512	490		the delay necessary to determine the probable gestational
513	491		[post-fertilization] age of the preborn [unborn] child;
514	492		(2) the abortion of her pregnancy even though the
515	493		probable gestational [post-fertilization] age of the preborn
516	494		[unborn] child is 20 or more weeks; or
517	495		(3) the use of a method of abortion other than a method
518	496		described by Section 171.045(b).
519	497		SECTION 2.15. Section 285.202(a), Health and Safety Code,
520	498		is amended to read as follows:
521	499		(a) In this section, "medical emergency" means[:
522	500		[(1)] a condition exists that, in a physician's good
523	501		faith clinical judgment, complicates the medical condition of the
524	502		pregnant woman and necessitates the immediate abortion of her
525	503		pregnancy to avert her death or to avoid a serious risk of
526	504		substantial impairment of a major bodily function[; or
527	505		[(2) the fetus has a severe fetal abnormality].
528	506		SECTION 2.16. Section 164.052(a), Occupations Code, is
529	507		amended to read as follows:
530	508		(a) A physician or an applicant for a license to practice
531	509		medicine commits a prohibited practice if that person:
532	510		(1) submits to the board a false or misleading
533	511		statement, document, or certificate in an application for a
534	512		license;
535	513		(2) presents to the board a license, certificate, or
536	514		diploma that was illegally or fraudulently obtained;
537	515		(3) commits fraud or deception in taking or passing an
538	516		examination;
539	517		(4) uses alcohol or drugs in an intemperate manner
540	518		that, in the board's opinion, could endanger a patient's life;
541	519		(5) commits unprofessional or dishonorable conduct
542	520		that is likely to deceive or defraud the public, as provided by
543	521		Section 164.053, or injure the public;
544	522		(6) uses an advertising statement that is false,
545	523		misleading, or deceptive;
546	524		(7) advertises professional superiority or the
547	525		performance of professional service in a superior manner if that
548	526		advertising is not readily subject to verification;
549	527		(8) purchases, sells, barters, or uses, or offers to
550	528		purchase, sell, barter, or use, a medical degree, license,
551	529		certificate, or diploma, or a transcript of a license, certificate,
552	530		or diploma in or incident to an application to the board for a
553	531		license to practice medicine;
554	532		(9) alters, with fraudulent intent, a medical license,
555	533		certificate, or diploma, or a transcript of a medical license,
556	534		certificate, or diploma;
557	535		(10) uses a medical license, certificate, or diploma,
558	536		or a transcript of a medical license, certificate, or diploma that
559	537		has been:
560	538		(A) fraudulently purchased or issued;
561	539		(B) counterfeited; or
562	540		(C) materially altered;
563	541		(11) impersonates or acts as proxy for another person
564	542		in an examination required by this subtitle for a medical license;
565	543		(12) engages in conduct that subverts or attempts to
566	544		subvert an examination process required by this subtitle for a
567	545		medical license;
568	546		(13) impersonates a physician or permits another to
569	547		use the person's license or certificate to practice medicine in
570	548		this state;
571	549		(14) directly or indirectly employs a person whose
572	550		license to practice medicine has been suspended, canceled, or
573	551		revoked;
574	552		(15) associates in the practice of medicine with a
575	553		person:
576	554		(A) whose license to practice medicine has been
577	555		suspended, canceled, or revoked; or
578	556		(B) who has been convicted of the unlawful
579	557		practice of medicine in this state or elsewhere;
580	558		(16) performs or procures a criminal abortion, aids or
581	559		abets in the procuring of a criminal abortion, attempts to perform
582	560		or procure a criminal abortion, or attempts to aid or abet the
583	561		performance or procurement of a criminal abortion;
584	562		(17) directly or indirectly aids or abets the practice
585	563		of medicine by a person, partnership, association, or corporation
586	564		that is not licensed to practice medicine by the board;
587	565		(18) performs or induces or attempts to perform or
588	566		induce an abortion on a woman who is pregnant with a preborn [viable
589	567		unborn] child during the third trimester of the pregnancy unless[:
590	568		[(A)] the abortion is necessary due to a medical
591	569		emergency, as defined by Section 171.002, Health and Safety Code
592	570		[to prevent the death of the woman;
593	571		[(B) the viable unborn child has a severe,
594	572		irreversible brain impairment; or
595	573		[(C) the woman is diagnosed with a significant
596	574		likelihood of suffering imminent severe, irreversible brain damage
597	575		or imminent severe, irreversible paralysis];
598	576		(19) performs or induces or attempts to perform or
599	577		induce an abortion on an unemancipated minor without the written
600	578		consent of the child's parent, managing conservator, or legal
601	579		guardian or without a court order, as provided by Section 33.003 or
602	580		33.004, Family Code, unless the abortion is necessary due to a
603	581		medical emergency, as defined by Section 171.002, Health and Safety
604	582		Code;
605	583		(20) otherwise performs or induces or attempts to
606	584		perform or induce an abortion on an unemancipated minor in
607	585		violation of Chapter 33, Family Code;
608	586		(21) performs or induces or attempts to perform or
609	587		induce an abortion in violation of Subchapter C, F, or G, Chapter
610	588		171, Health and Safety Code; [or]
611	589		(22) in complying with the procedures outlined in
612	590		Sections 166.045 and 166.046, Health and Safety Code, wilfully
613	591		fails to make a reasonable effort to transfer a patient to a
614	592		physician who is willing to comply with a directive; or
615	593		(23) performs or induces or attempts to perform or
616	594		induce an abortion or engages in other conduct in violation of
617	595		Section 170.052, Health and Safety Code.
618	596		SECTION 2.17. Section 164.055(b), Occupations Code, is
619	597		amended to read as follows:
620	598		(b) The sanctions provided by Subsection (a) are in addition
621	599		to any other grounds for refusal to admit persons to examination
622	600		under this subtitle or to issue a license or renew a license to
623	601		practice medicine under this subtitle. The criminal penalties
624	602		provided by Section 165.152 do not apply to a violation of Section
625	603		170.002 or 170.052, Health and Safety Code, or Subchapter C, F, or
626	604		G, Chapter 171, Health and Safety Code.
627	605		SECTION 2.18. The following provisions of the Health and
628	606		Safety Code are repealed:
629	607		(1) Section 170.001(3);
630	608		(2) Sections 171.042(1) and (2);
631	609		(3) Section 171.046(c); and
632	610		(4) Sections 285.202(a-1) and (a-2).
633		-	ARTICLE 3. ~~ABORTION PROHIBITED AFTER DETECTION OF FETAL HEARTBEAT~~
	611	+	ARTICLE 3. PROVISIONS EFFECTIVE SEPTEMBER 1, 2023, OR EARLIER
634	612		SECTION 3.01. Chapter 171, Health and Safety Code, is
635	613		amended by adding Subchapter H to read as follows:
636	614		SUBCHAPTER H. DETECTION OF FETAL HEARTBEAT
637	615		Sec. 171.201. DEFINITIONS. In this subchapter:
638	616		(1) "Fetal heartbeat" means cardiac activity or the
639	617		steady and repetitive rhythmic contraction of the fetal heart
640	618		within the gestational sac.
641	619		(2) "Gestational age" means the amount of time that
642	620		has elapsed from the first day of a woman's last menstrual period.
643	621		(3) "Gestational sac" means the structure comprising
644	622		the extraembryonic membranes that envelop the unborn child and that
645	623		is typically visible by ultrasound after the fourth week of
646	624		pregnancy.
647	625		(4) "Physician" means an individual licensed to
648	626		practice medicine in this state, including a medical doctor and a
649	627		doctor of osteopathic medicine.
650	628		(5) "Pregnancy" means the human female reproductive
651	629		condition that:
652	630		(A) begins with fertilization;
653	631		(B) occurs when the woman is carrying the
654	632		developing human offspring; and
655	633		(C) is calculated from the first day of the
656	634		woman's last menstrual period.
657	635		(6) "Standard medical practice" means the degree of
658	636		skill, care, and diligence that an obstetrician of ordinary
659	637		judgment, learning, and skill would employ in like circumstances.
660	638		(7) "Unborn child" means a human fetus or embryo in any
661	639		stage of gestation from fertilization until birth.
662	640		Sec. 171.202. LEGISLATIVE FINDINGS. The legislature finds,
663	641		according to contemporary medical research, that:
664	642		(1) fetal heartbeat has become a key medical predictor
665	643		that an unborn child will reach live birth;
666	644		(2) cardiac activity begins at a biologically
667	645		identifiable moment in time, normally when the fetal heart is
668	646		formed in the gestational sac;
669	647		(3) Texas has compelling interests from the outset of
670	648		a woman's pregnancy in protecting the health of the woman and the
671	649		life of the unborn child; and
672	650		(4) to make an informed choice about whether to
673	651		continue her pregnancy, the pregnant woman has a compelling
674	652		interest in knowing the likelihood of her unborn child surviving to
675	653		full-term birth based on the presence of cardiac activity.
676	654		Sec. 171.203. DETERMINATION OF PRESENCE OF FETAL HEARTBEAT
677	655		REQUIRED; RECORD. (a) For the purposes of determining the presence
678	656		of a fetal heartbeat under this section, "standard medical
679	657		practice" includes employing the appropriate means of detecting the
680	658		heartbeat based on the estimated gestational age of the unborn
681	659		child and the condition of the woman and her pregnancy.
682	660		(b) Except as provided by Section 171.205, a physician may
683	661		not knowingly perform or induce an abortion on a pregnant woman
684	662		unless the physician has determined, in accordance with this
685	663		section, whether the woman's unborn child has a detectable fetal
686	664		heartbeat.
687	665		(c) In making a determination under Subsection (b), the
688	666		physician must use a test that is:
689	667		(1) consistent with the physician's good faith and
690	668		reasonable understanding of standard medical practice; and
691	669		(2) appropriate for the estimated gestational age of
692	670		the unborn child and the condition of the pregnant woman and her
693	671		pregnancy.
694	672		(d) A physician making a determination under Subsection (b)
695	673		shall record in the pregnant woman's medical record:
696	674		(1) the estimated gestational age of the unborn child;
697	675		(2) the method used to estimate the gestational age;
698	676		and
699	677		(3) the test used for detecting a fetal heartbeat,
700	678		including the date, time, and results of the test.
701	679		Sec. 171.204. PROHIBITED ABORTION OF UNBORN CHILD WITH
702	680		DETECTABLE FETAL HEARTBEAT; EFFECT. (a) Except as provided by
703	681		Section 171.205, a physician may not knowingly perform or induce an
704	682		abortion on a pregnant woman if the physician detected a fetal
705	683		heartbeat for the unborn child as required by Section 171.203 or
706	684		failed to perform a test to detect a fetal heartbeat.
707	685		(b) A physician does not violate this section if the
708	686		physician performed a test for a fetal heartbeat as required by
709	687		Section 171.203 and did not detect a fetal heartbeat.
710	688		(c) This section does not affect:
711	689		(1) the provisions of this chapter that restrict or
712	690		regulate an abortion by a particular method or during a particular
713	691		stage of pregnancy; or
714	692		(2) any other provision of state law that regulates or
715	693		prohibits abortion.
716	694		Sec. 171.205. EXCEPTION FOR MEDICAL EMERGENCY; RECORDS.
717	695		(a) Sections 171.203 and 171.204 do not apply if a physician
718	696		believes a medical emergency exists that prevents compliance with
719	697		this subchapter.
720	698		(b) A physician who performs or induces an abortion under
721	699		circumstances described by Subsection (a) shall make written
722	700		notations in the pregnant woman's medical record of:
723	701		(1) the physician's belief that a medical emergency
724	702		necessitated the abortion; and
725	703		(2) the medical condition of the pregnant woman that
726	704		prevented compliance with this subchapter.
727	705		(c) A physician performing or inducing an abortion under
728	706		this section shall maintain in the physician's practice records a
729	707		copy of the notations made under Subsection (b).
730	708		Sec. 171.206. CONSTRUCTION OF SUBCHAPTER. (a) This
731	709		subchapter does not create or recognize a right to abortion before a
732	710		fetal heartbeat is detected.
733	711		(b) This subchapter may not be construed to:
734	712		(1) authorize the initiation of a cause of action
735	713		against or the prosecution of a woman on whom an abortion is
736	714		performed or induced or attempted to be performed or induced in
737	715		violation of this subchapter;
738	716		(2) wholly or partly repeal, either expressly or by
739	717		implication, any other statute that regulates or prohibits
740	718		abortion, including Chapter 6-1/2, Title 71, Revised Statutes; or
741	719		(3) restrict a political subdivision from regulating
742	720		or prohibiting abortion in a manner that is at least as stringent as
743	721		the laws of this state.
744	722		Sec. 171.207. LIMITATIONS ON PUBLIC ENFORCEMENT. (a)
745	723		Notwithstanding Section 171.005 or any other law, the requirements
746	724		of this subchapter shall be enforced exclusively through the
747	725		private civil actions described in Section 171.208. No enforcement
748	726		of this subchapter, and no enforcement of Chapters 19 and 22, Penal
749	727		Code, in response to violations of this subchapter, may be taken or
750	728		threatened by this state, a political subdivision, a district or
751	729		county attorney, or an executive or administrative officer or
752	730		employee of this state or a political subdivision against any
753	731		person, except as provided in Section 171.208.
754	732		(b) Subsection (a) may not be construed to:
755	733		(1) legalize the conduct prohibited by this subchapter
756	734		or by Chapter 6-1/2, Title 71, Revised Statutes;
757	735		(2) limit in any way or affect the availability of a
758	736		remedy established by Section 171.208; or
759	737		(3) limit the enforceability of any other laws that
760	738		regulate or prohibit abortion.
761	739		Sec. 171.208. CIVIL LIABILITY FOR VIOLATION OR AIDING OR
762	740		ABETTING VIOLATION. (a) Any person, other than an officer or
763	741		employee of a state or local governmental entity in this state, may
764	742		bring a civil action against any person who:
765	743		(1) performs or induces an abortion in violation of
766	744		this chapter;
767	745		(2) knowingly engages in conduct that aids or abets
768	746		the performance or inducement of an abortion, including paying for
769	747		or reimbursing the costs of an abortion through insurance or
770	748		otherwise, if the abortion is performed or induced in violation of
771	749		this chapter, regardless of whether the person knew or should have
772	750		known that the abortion would be performed or induced in violation
773	751		of this chapter; or
774	752		(3) intends to engage in the conduct described by
775	753		Subdivision (1) or (2).
776	754		(b) If a claimant prevails in an action brought under this
777	755		section, the court shall award:
778	756		(1) injunctive relief sufficient to prevent the
779	757		defendant from violating this chapter or engaging in acts that aid
780	758		or abet violations of this chapter;
781	759		(2) statutory damages in an amount of not less than
782	760		$10,000 for each abortion that the defendant performed or induced
783	761		in violation of this chapter, and for each abortion performed or
784	762		induced in violation of this chapter that the defendant aided or
785	763		abetted; and
786	764		(3) costs and attorney's fees.
787	765		(c) Notwithstanding Subsection (b), a court may not award
788	766		relief under this section in response to a violation of Subsection
789	767		(a)(1) or (2) if the defendant demonstrates that the defendant
790	768		previously paid the full amount of statutory damages under
791	769		Subsections (b)(2) and (3) in a previous action for that particular
792	770		abortion performed or induced in violation of this chapter, or for
793	771		the particular conduct that aided or abetted an abortion performed
794	772		or induced in violation of this chapter.
795	773		(d) Notwithstanding Chapter 16, Civil Practice and Remedies
796	774		Code, or any other law, a person may bring an action under this
797	775		section not later than the sixth anniversary of the date the cause
798	776		of action accrues.
799	777		(e) Notwithstanding any other law, the following are not a
800	778		defense to an action brought under this section:
801	779		(1) ignorance or mistake of law;
802	780		(2) a defendant's belief that the requirements of this
803	781		chapter are unconstitutional or were unconstitutional;
804	782		(3) a defendant's reliance on any court decision that
805	783		has been overruled on appeal or by a subsequent court, even if that
806	784		court decision had not been overruled when the defendant engaged in
807	785		conduct that violates this chapter;
808	786		(4) a defendant's reliance on any state or federal
809	787		court decision that is not binding on the court in which the action
810	788		has been brought;
811	789		(5) non-mutual issue preclusion or non-mutual claim
812	790		preclusion;
813	791		(6) the consent of the unborn child's mother to the
814	792		abortion; or
815	793		(7) any claim that the enforcement of this chapter or
816	794		the imposition of civil liability against the defendant will
817	795		violate the constitutional rights of third parties, except as
818	796		provided by Section 171.209.
819	797		(f) It is an affirmative defense if:
820	798		(1) a person sued under Subsection (a)(2) reasonably
821	799		believed, after conducting a reasonable investigation, that the
822	800		physician performing or inducing the abortion had complied or would
823	801		comply with this chapter; or
824	802		(2) a person sued under Subsection (a)(3) reasonably
825	803		believed, after conducting a reasonable investigation, that the
826	804		physician performing or inducing the abortion will comply with this
827	805		chapter.
828	806		(f-1) The defendant has the burden of proving an affirmative
829	807		defense under Subsection (f)(1) or (2) by a preponderance of the
830	808		evidence.
831	809		(g) This section may not be construed to impose liability on
832	810		any speech or conduct protected by the First Amendment of the United
833	811		States Constitution, as made applicable to the states through the
834	812		United States Supreme Court's interpretation of the Fourteenth
835	813		Amendment of the United States Constitution, or by Section 8,
836	814		Article I, Texas Constitution.
837	815		(h) Notwithstanding any other law, this state, a state
838	816		official, or a district or county attorney may not intervene in an
839	817		action brought under this section. This subsection does not
840	818		prohibit a person described by this subsection from filing an
841	819		amicus curiae brief in the action.
842	820		(i) Notwithstanding any other law, a court may not award
843	821		costs or attorney's fees under the Texas Rules of Civil Procedure or
844	822		any other rule adopted by the supreme court under Section 22.004,
845	823		Government Code, to a defendant in an action brought under this
846	824		section.
847	825		Sec. 171.209. CIVIL LIABILITY: UNDUE BURDEN DEFENSE
848	826		LIMITATIONS. (a) A defendant against whom an action is brought
849	827		under Section 171.208 does not have standing to assert the rights
850	828		of women seeking an abortion as a defense to liability under that
851	829		section unless:
852	830		(1) the United States Supreme Court holds that the
853	831		courts of this state must confer standing on that defendant to
854	832		assert the third-party rights of women seeking an abortion in state
855	833		court as a matter of federal constitutional law; or
856	834		(2) the defendant has standing to assert the rights of
857	835		women seeking an abortion under the tests for third-party standing
858	836		established by the United States Supreme Court.
859	837		(b) A defendant in an action brought under Section 171.208
860	838		may assert an affirmative defense to liability under this section
861	839		if:
862	840		(1) the defendant has standing to assert the
863	841		third-party rights of a woman or a group of women seeking an
864	842		abortion in accordance with Subsection (a); and
865	843		(2) the defendant demonstrates that the relief sought
866	844		by the claimant will impose an undue burden on that woman or a group
867	845		of women seeking an abortion.
868	846		(c) A court may not find an undue burden under Subsection
869	847		(b) unless the defendant introduces evidence proving that:
870	848		(1) an award of relief will prevent a woman or a group
871	849		of women from obtaining an abortion; or
872	850		(2) an award of relief will place a substantial
873	851		obstacle in the path of a woman or a group of women who are seeking
874	852		an abortion.
875	853		(d) A defendant may not establish an undue burden under this
876	854		section by:
877	855		(1) merely demonstrating that an award of relief will
878	856		prevent women from obtaining support or assistance, financial or
879	857		otherwise, from others in their effort to obtain an abortion; or
880	858		(2) arguing or attempting to demonstrate that an award
881	859		of relief against other defendants or other potential defendants
882	860		will impose an undue burden on women seeking an abortion.
883	861		(e) The affirmative defense under Subsection (b) is not
884	862		available if the United States Supreme Court overrules Roe v. Wade,
885	863		410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505 U.S. 833
886	864		(1992), regardless of whether the conduct on which the cause of
887	865		action is based under Section 171.208 occurred before the Supreme
888	866		Court overruled either of those decisions.
889	867		(f) Nothing in this section shall in any way limit or
890	868		preclude a defendant from asserting the defendant's personal
891	869		constitutional rights as a defense to liability under Section
892	870		171.208, and a court may not award relief under Section 171.208 if
893	871		the conduct for which the defendant has been sued was an exercise of
894	872		state or federal constitutional rights that personally belong to
895	873		the defendant.
896	874		Sec. 171.210. CIVIL LIABILITY: VENUE. (a) Notwithstanding
897	875		any other law, including Section 15.002, Civil Practice and
898	876		Remedies Code, a civil action brought under Section 171.208 shall
899	877		be brought in:
900	878		(1) the county in which all or a substantial part of
901	879		the events or omissions giving rise to the claim occurred;
902	880		(2) the county of residence for any one of the natural
903	881		person defendants at the time the cause of action accrued;
904	882		(3) the county of the principal office in this state of
905	883		any one of the defendants that is not a natural person; or
906	884		(4) the county of residence for the claimant if the
907	885		claimant is a natural person residing in this state.
908	886		(b) If a civil action is brought under Section 171.208 in
909	887		any one of the venues described by Subsection (a), the action may
910	888		not be transferred to a different venue without the written consent
911	889		of all parties.
912	890		Sec. 171.211. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
913	891		IMMUNITY PRESERVED. (a) This section prevails over any
914	892		conflicting law, including:
915	893		(1) the Uniform Declaratory Judgments Act; and
916	894		(2) Chapter 37, Civil Practice and Remedies Code.
917	895		(b) This state has sovereign immunity, a political
918	896		subdivision has governmental immunity, and each officer and
919	897		employee of this state or a political subdivision has official
920	898		immunity in any action, claim, or counterclaim or any type of legal
921	899		or equitable action that challenges the validity of any provision
922	900		or application of this chapter, on constitutional grounds or
923	901		otherwise.
924	902		(c) A provision of state law may not be construed to waive or
925	903		abrogate an immunity described by Subsection (b) unless it
926	904		expressly waives immunity under this section.
927	905		Sec. 171.212. SEVERABILITY. (a) Mindful of Leavitt v. Jane
928	906		L.
929	907		severability of a state statute regulating abortion the United
930	908		States Supreme Court held that an explicit statement of legislative
931	909		intent is controlling, it is the intent of the legislature that
932	910		every provision, section, subsection, sentence, clause, phrase, or
933	911		word in this chapter, and every application of the provisions in
934	912		this chapter, are severable from each other.
935	913		(b) If any application of any provision in this chapter to
936	914		any person, group of persons, or circumstances is found by a court
937	915		to be invalid or unconstitutional, the remaining applications of
938	916		that provision to all other persons and circumstances shall be
939	917		severed and may not be affected. All constitutionally valid
940	918		applications of this chapter shall be severed from any applications
941	919		that a court finds to be invalid, leaving the valid applications in
942	920		force, because it is the legislature's intent and priority that the
943	921		valid applications be allowed to stand alone. Even if a reviewing
944	922		court finds a provision of this chapter to impose an undue burden in
945	923		a large or substantial fraction of relevant cases, the applications
946	924		that do not present an undue burden shall be severed from the
947	925		remaining applications and shall remain in force, and shall be
948	926		treated as if the legislature had enacted a statute limited to the
949	927		persons, group of persons, or circumstances for which the statute's
950	928		application does not present an undue burden.
951	929		(b-1) If any court declares or finds a provision of this
952	930		chapter facially unconstitutional, when discrete applications of
953	931		that provision can be enforced against a person, group of persons,
954	932		or circumstances without violating the United States Constitution
955	933		and Texas Constitution, those applications shall be severed from
956	934		all remaining applications of the provision, and the provision
957	935		shall be interpreted as if the legislature had enacted a provision
958	936		limited to the persons, group of persons, or circumstances for
959	937		which the provision's application will not violate the United
960	938		States Constitution and Texas Constitution.
961	939		(c) The legislature further declares that it would have
962	940		enacted this chapter, and each provision, section, subsection,
963	941		sentence, clause, phrase, or word, and all constitutional
964	942		applications of this chapter, irrespective of the fact that any
965	943		provision, section, subsection, sentence, clause, phrase, or word,
966	944		or applications of this chapter, were to be declared
967	945		unconstitutional or to represent an undue burden.
968	946		(d) If any provision of this chapter is found by any court to
969	947		be unconstitutionally vague, then the applications of that
970	948		provision that do not present constitutional vagueness problems
971	949		shall be severed and remain in force.
972	950		(e) No court may decline to enforce the severability
973	951		requirements of Subsections (a), (b), (b-1), (c), and (d) on the
974	952		ground that severance would rewrite the statute or involve the
975	953		court in legislative or lawmaking activity. A court that declines
976	954		to enforce or enjoins a state official from enforcing a statutory
977	955		provision does not rewrite a statute, as the statute continues to
978	956		contain the same words as before the court's decision. A judicial
979	957		injunction or declaration of unconstitutionality:
980	958		(1) is nothing more than an edict prohibiting
981	959		enforcement that may subsequently be vacated by a later court if
982	960		that court has a different understanding of the requirements of the
983	961		Texas Constitution or United States Constitution;
984	962		(2) is not a formal amendment of the language in a
985	963		statute; and
986	964		(3) no more rewrites a statute than a decision by the
987	965		executive not to enforce a duly enacted statute in a limited and
988	966		defined set of circumstances.
989	967		SECTION 3.02. Chapter 30, Civil Practice and Remedies Code,
990	968		is amended by adding Section 30.022 to read as follows:
991	969		Sec. 30.022. AWARD OF ATTORNEY'S FEES IN ACTIONS
992	970		CHALLENGING ABORTION LAWS. (a) Notwithstanding any other law, any
993	971		person, including an entity, attorney, or law firm, who seeks
994	972		declaratory or injunctive relief to prevent this state, a political
995		-	subdivision, or any governmental entity or public official in this
996		-	state from enforcing any statute, ~~ordinance, rule, regulation, or~~
997		-	any other type of law that ~~regulates or restricts abortion or that~~
998		-	limits taxpayer funding for ~~individuals or entities that perform or~~
999		-	promote abortions, in any ~~state or federal court, or that~~
1000		-	represents any litigant seeking ~~such relief in any state or federal~~
1001		-	court, is jointly and severally ~~liable to pay the costs and~~
1002		-	attorney's fees of the prevailing party.
	973	+	subdivision, any governmental entity or public official in this
	974	+	state, or any person in this state, from enforcing any statute,
	975	+	ordinance, rule, regulation, or any other type of law that
	976	+	regulates or restricts abortion or that limits taxpayer funding for
	977	+	individuals or entities that perform or promote abortions, in any
	978	+	state or federal court, or that represents any litigant seeking
	979	+	such relief in any state or federal court, is jointly and severally
	980	+	liable to pay the costs and attorney's fees of the prevailing party.
1003	981		(b) For purposes of this section, a party is considered a
1004	982		prevailing party if a state or federal court:
1005	983		(1) dismisses any claim or cause of action brought
1006	984		against the party that seeks the declaratory or injunctive relief
1007	985		described by Subsection (a), regardless of the reason for the
1008	986		dismissal; or
1009	987		(2) enters judgment in the party's favor on any such
1010	988		claim or cause of action.
1011	989		(c) Regardless of whether a prevailing party sought to
1012	990		recover costs or attorney's fees in the underlying action, a
1013	991		prevailing party under this section may bring a civil action to
1014	992		recover costs and attorney's fees against a person, including an
1015	993		entity, attorney, or law firm, that sought declaratory or
1016	994		injunctive relief described by Subsection (a) not later than the
1017	995		third anniversary of the date on which, as applicable:
1018	996		(1) the dismissal or judgment described by Subsection
1019	997		(b) becomes final on the conclusion of appellate review; or
1020	998		(2) the time for seeking appellate review expires.
1021	999		(d) It is not a defense to an action brought under
1022	1000		Subsection (c) that:
1023	1001		(1) a prevailing party under this section failed to
1024	1002		seek recovery of costs or attorney's fees in the underlying action;
1025	1003		(2) the court in the underlying action declined to
1026	1004		recognize or enforce the requirements of this section; or
1027	1005		(3) the court in the underlying action held that any
1028	1006		provisions of this section are invalid, unconstitutional, or
1029	1007		preempted by federal law, notwithstanding the doctrines of issue or
1030	1008		claim preclusion.
1031	1009		SECTION 3.03. Subchapter C, Chapter 311, Government Code,
1032	1010		is amended by adding Section 311.036 to read as follows:
1033	1011		Sec. 311.036. CONSTRUCTION OF ABORTION STATUTES. (a) A
1034	1012		statute that regulates or prohibits abortion may not be construed
1035	1013		to repeal any other statute that regulates or prohibits abortion,
1036	1014		either wholly or partly, unless the repealing statute explicitly
1037	1015		states that it is repealing the other statute.
1038	1016		(b) A statute may not be construed to restrict a political
1039	1017		subdivision from regulating or prohibiting abortion in a manner
1040	1018		that is at least as stringent as the laws of this state unless the
1041	1019		statute explicitly states that political subdivisions are
1042	1020		prohibited from regulating or prohibiting abortion in the manner
1043	1021		described by the statute.
1044	1022		(c) Every statute that regulates or prohibits abortion is
1045	1023		severable in each of its applications to every person and
1046	1024		circumstance. If any statute that regulates or prohibits abortion
1047	1025		is found by any court to be unconstitutional, either on its face or
1048	1026		as applied, then all applications of that statute that do not
1049	1027		violate the United States Constitution and Texas Constitution shall
1050	1028		be severed from the unconstitutional applications and shall remain
1051	1029		enforceable, notwithstanding any other law, and the statute shall
1052	1030		be interpreted as if containing language limiting the statute's
1053	1031		application to the persons, group of persons, or circumstances for
1054	1032		which the statute's application will not violate the United States
1055	1033		Constitution and Texas Constitution.
1056	1034		SECTION 3.04. Section 171.005, Health and Safety Code, is
1057	1035		amended to read as follows:
1058	1036		Sec. 171.005. COMMISSION [DEPARTMENT] TO ENFORCE;
1059	1037		EXCEPTION. The commission [department] shall enforce this chapter
1060	1038		except for Subchapter H, which shall be enforced exclusively
1061	1039		through the private civil enforcement actions described by Section
1062	1040		171.208 and may not be enforced by the commission.
1063		-	SECTION 3.05. Section 245.011(c), Health and Safety Code,
	1041	+	SECTION 3.05. Subchapter A, Chapter 171, Health and Safety
	1042	+	Code, is amended by adding Section 171.008 to read as follows:
	1043	+	Sec. 171.008. REQUIRED DOCUMENTATION. (a) If an abortion
	1044	+	is performed or induced on a pregnant woman because of a medical
	1045	+	emergency, the physician who performs or induces the abortion shall
	1046	+	execute a written document that certifies the abortion is necessary
	1047	+	due to a medical emergency and specifies the woman's medical
	1048	+	condition requiring the abortion.
	1049	+	(b) A physician shall:
	1050	+	(1) place the document described by Subsection (a) in
	1051	+	the pregnant woman's medical record; and
	1052	+	(2) maintain a copy of the document described by
	1053	+	Subsection (a) in the physician's practice records.
	1054	+	(c) A physician who performs or induces an abortion on a
	1055	+	pregnant woman shall:
	1056	+	(1) if the abortion is performed or induced to
	1057	+	preserve the health of the pregnant woman, execute a written
	1058	+	document that:
	1059	+	(A) specifies the medical condition the abortion
	1060	+	is asserted to address; and
	1061	+	(B) provides the medical rationale for the
	1062	+	physician's conclusion that the abortion is necessary to address
	1063	+	the medical condition; or
	1064	+	(2) for an abortion other than an abortion described
	1065	+	by Subdivision (1), specify in a written document that maternal
	1066	+	health is not a purpose of the abortion.
	1067	+	(d) The physician shall maintain a copy of a document
	1068	+	described by Subsection (c) in the physician's practice records.
	1069	+	SECTION 3.06. Section 171.012(a), Health and Safety Code,
	1070	+	is amended to read as follows:
	1071	+	(a) Consent to an abortion is voluntary and informed only
	1072	+	if:
	1073	+	(1) the physician who is to perform or induce the
	1074	+	abortion informs the pregnant woman on whom the abortion is to be
	1075	+	performed or induced of:
	1076	+	(A) the physician's name;
	1077	+	(B) the particular medical risks associated with
	1078	+	the particular abortion procedure to be employed, including, when
	1079	+	medically accurate:
	1080	+	(i) the risks of infection and hemorrhage;
	1081	+	(ii) the potential danger to a subsequent
	1082	+	pregnancy and of infertility; and
	1083	+	(iii) the possibility of increased risk of
	1084	+	breast cancer following an induced abortion and the natural
	1085	+	protective effect of a completed pregnancy in avoiding breast
	1086	+	cancer;
	1087	+	(C) the probable gestational age of the unborn
	1088	+	child at the time the abortion is to be performed or induced; and
	1089	+	(D) the medical risks associated with carrying
	1090	+	the child to term;
	1091	+	(2) the physician who is to perform or induce the
	1092	+	abortion or the physician's agent informs the pregnant woman that:
	1093	+	(A) medical assistance benefits may be available
	1094	+	for prenatal care, childbirth, and neonatal care;
	1095	+	(B) the father is liable for assistance in the
	1096	+	support of the child without regard to whether the father has
	1097	+	offered to pay for the abortion; and
	1098	+	(C) public and private agencies provide
	1099	+	pregnancy prevention counseling and medical referrals for
	1100	+	obtaining pregnancy prevention medications or devices, including
	1101	+	emergency contraception for victims of rape or incest;
	1102	+	(3) the physician who is to perform or induce the
	1103	+	abortion or the physician's agent:
	1104	+	(A) provides the pregnant woman with the printed
	1105	+	materials described by Section 171.014; and
	1106	+	(B) informs the pregnant woman that those
	1107	+	materials:
	1108	+	(i) have been provided by the commission
	1109	+	[Department of State Health Services];
	1110	+	(ii) are accessible on an Internet website
	1111	+	sponsored by the commission [department];
	1112	+	(iii) describe the unborn child and list
	1113	+	agencies that offer alternatives to abortion; and
	1114	+	(iv) include a list of agencies that offer
	1115	+	sonogram services at no cost to the pregnant woman;
	1116	+	(4) before any sedative or anesthesia is administered
	1117	+	to the pregnant woman and at least 24 hours before the abortion or
	1118	+	at least two hours before the abortion if the pregnant woman waives
	1119	+	this requirement by certifying that she currently lives 100 miles
	1120	+	or more from the nearest abortion provider that is a facility
	1121	+	licensed under Chapter 245 or a facility that performs more than 50
	1122	+	abortions in any 12-month period:
	1123	+	(A) the physician who is to perform or induce the
	1124	+	abortion or an agent of the physician who is also a sonographer
	1125	+	certified by a national registry of medical sonographers performs a
	1126	+	sonogram on the pregnant woman on whom the abortion is to be
	1127	+	performed or induced;
	1128	+	(B) the physician who is to perform or induce the
	1129	+	abortion displays the sonogram images in a quality consistent with
	1130	+	current medical practice in a manner that the pregnant woman may
	1131	+	view them;
	1132	+	(C) the physician who is to perform or induce the
	1133	+	abortion provides, in a manner understandable to a layperson, a
	1134	+	verbal explanation of the results of the sonogram images, including
	1135	+	a medical description of the dimensions of the embryo or fetus, the
	1136	+	presence of cardiac activity, and the presence of external members
	1137	+	and internal organs; and
	1138	+	(D) the physician who is to perform or induce the
	1139	+	abortion or an agent of the physician who is also a sonographer
	1140	+	certified by a national registry of medical sonographers makes
	1141	+	audible the heart auscultation for the pregnant woman to hear, if
	1142	+	present, in a quality consistent with current medical practice and
	1143	+	provides, in a manner understandable to a layperson, a simultaneous
	1144	+	verbal explanation of the heart auscultation;
	1145	+	(5) before receiving a sonogram under Subdivision
	1146	+	(4)(A) and before the abortion is performed or induced and before
	1147	+	any sedative or anesthesia is administered, the pregnant woman
	1148	+	completes and certifies with her signature an election form that
	1149	+	states as follows:
	1150	+	"ABORTION AND SONOGRAM ELECTION
	1151	+	(1) THE INFORMATION AND PRINTED MATERIALS
	1152	+	DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
	1153	+	AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
	1154	+	ME.
	1155	+	(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF
	1156	+	AN ABORTION.
	1157	+	(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM
	1158	+	PRIOR TO RECEIVING AN ABORTION.
	1159	+	(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW
	1160	+	THE SONOGRAM IMAGES.
	1161	+	(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR
	1162	+	THE HEARTBEAT.
	1163	+	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO
	1164	+	HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
	1165	+	CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
	1166	+	___ I AM PREGNANT AS A RESULT OF A SEXUAL
	1167	+	ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL
	1168	+	CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT
	1169	+	AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I
	1170	+	REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK
	1171	+	OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
	1172	+	___ I AM A MINOR AND OBTAINING AN ABORTION
	1173	+	IN ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
	1174	+	CHAPTER 33, TEXAS FAMILY CODE.
	1175	+	___ MY UNBORN CHILD [FETUS] HAS AN
	1176	+	IRREVERSIBLE MEDICAL CONDITION OR ABNORMALITY, AS
	1177	+	IDENTIFIED BY RELIABLE DIAGNOSTIC PROCEDURES AND
	1178	+	DOCUMENTED IN MY MEDICAL FILE.
	1179	+	(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL
	1180	+	AND WITHOUT COERCION.
	1181	+	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM
	1182	+	THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
	1183	+	LICENSED UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY
	1184	+	CODE, OR A FACILITY THAT PERFORMS OR INDUCES MORE THAN
	1185	+	50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
	1186	+	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100
	1187	+	MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT
	1188	+	IS A FACILITY LICENSED UNDER CHAPTER 245, TEXAS HEALTH
	1189	+	AND SAFETY CODE, OR A FACILITY THAT PERFORMS OR INDUCES
	1190	+	MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE
	1191	+	THE REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS
	1192	+	PERFORMED BEFORE RECEIVING THE ABORTION PROCEDURE. MY
	1193	+	PLACE OF RESIDENCE IS:__________.
	1194	+	________________________________________
	1195	+	SIGNATURE DATE";
	1196	+	(6) before the abortion is performed or induced, the
	1197	+	physician who is to perform or induce the abortion receives a copy
	1198	+	of the signed, written certification required by Subdivision (5);
	1199	+	and
	1200	+	(7) the pregnant woman is provided the name of each
	1201	+	person who provides or explains the information required under this
	1202	+	subsection.
	1203	+	SECTION 3.07. Section 245.011(c), Health and Safety Code,
1064	1204		is amended to read as follows:
1065	1205		(c) The report must include:
1066	1206		(1) whether the abortion facility at which the
1067	1207		abortion is performed is licensed under this chapter;
1068	1208		(2) the patient's year of birth, race, marital status,
1069	1209		and state and county of residence;
1070	1210		(3) the type of abortion procedure;
1071	1211		(4) the date the abortion was performed;
1072	1212		(5) whether the patient survived the abortion, and if
1073	1213		the patient did not survive, the cause of death;
1074	1214		(6) the probable post-fertilization age of the unborn
1075	1215		child based on the best medical judgment of the attending physician
1076	1216		at the time of the procedure;
1077	1217		(7) the date, if known, of the patient's last menstrual
1078	1218		cycle;
1079	1219		(8) the number of previous live births of the patient;
1080	1220		[and]
1081	1221		(9) the number of previous induced abortions of the
1082	1222		patient;
1083	1223		(10) whether the abortion was performed or induced
1084	1224		because of a medical emergency and any medical condition of the
1085	1225		pregnant woman that required the abortion; and
1086	1226		(11) the information required under Sections
1087	1227		171.008(a) and (c).
1088		-	ARTICLE 4. ~~PROHIBITION OF ABORTION~~
	1228	+	ARTICLE 4. PROVISIONS EFFECTIVE SEPTEMBER 1, 2025, OR EARLIER
1089	1229		SECTION 4.01. Chapter 170, Health and Safety Code, is
1090	1230		amended by adding Subchapter C to read as follows:
1091	1231		SUBCHAPTER C. PROHIBITION OF ABORTION
1092	1232		Sec. 170.101. ABORTION PROHIBITED. Notwithstanding any
1093	1233		other law, a person may not perform, induce, or attempt to perform
1094	1234		or induce an abortion unless the abortion is performed, induced, or
1095	1235		attempted to be performed or induced by a physician because of a
1096	1236		medical emergency as defined by Section 171.002.
1097	1237		Sec. 170.102. CIVIL REMEDY. (a) A civil action may be
1098	1238		brought against a person who violated Section 170.101 by:
1099	1239		(1) the woman on whom an abortion was performed,
1100	1240		induced, or attempted in violation of Section 170.101;
1101	1241		(2) the father of the preborn child for an abortion
1102	1242		performed, induced, or attempted on a pregnant woman in violation
1103	1243		of Section 170.101, unless the woman's pregnancy resulted from the
1104	1244		father's criminal conduct; or
1105	1245		(3) a maternal grandparent of the preborn child for an
1106	1246		abortion performed, induced, or attempted in violation of Section
1107	1247		170.101 on a pregnant woman who was less than 18 years of age at the
1108	1248		time of the violation, unless the woman's pregnancy resulted from
1109	1249		the maternal grandparent's criminal conduct.
1110	1250		(b) A person who brings an action under this section may
1111	1251		obtain:
1112	1252		(1) injunctive relief;
1113	1253		(2) damages incurred by the person, including:
1114	1254		(A) actual damages for all psychological,
1115	1255		emotional, and physical injuries resulting from the violation of
1116	1256		Section 170.101;
1117	1257		(B) court costs; and
1118	1258		(C) reasonable attorney's fees; or
1119	1259		(3) both injunctive relief and damages.
1120	1260		(c) An action for damages or injunctive relief under this
1121	1261		section must be filed:
1122	1262		(1) in a district court in the county in which the
1123	1263		woman on whom an abortion was performed, induced, or attempted in
1124	1264		violation of Section 170.101 resides; and
1125	1265		(2) not later than the sixth anniversary of the date
1126	1266		the abortion was performed, induced, or attempted in violation of
1127	1267		Section 170.101.
1128	1268		(d) The damages and injunctive relief authorized by this
1129	1269		section are in addition to any other remedy available by law.
1130	1270		(e) A civil action under this section may not be brought
1131	1271		against a woman on whom an abortion is performed, induced, or
1132	1272		attempted in violation of Section 170.101.
1133	1273		Sec. 170.103. REVOCATION OR SUSPENSION OF LICENSE. A
1134	1274		physician who violates Section 170.101 engages in unprofessional
1135	1275		conduct for which the physician's license may be suspended or
1136	1276		revoked under Chapter 164, Occupations Code.
1137	1277		SECTION 4.02. Section 19.06, Penal Code, is amended to read
1138	1278		as follows:
1139	1279		Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT.
1140	1280		Notwithstanding any other law, this [This] chapter applies [does
1141	1281		not apply] to the death of a preborn [an unborn] child unless [if]
1142	1282		the conduct charged is:
1143	1283		(1) conduct committed by the mother of the preborn
1144	1284		[unborn] child; or
1145	1285		(2) an abortion performed, induced, or attempted to be
1146	1286		performed or induced by a physician because of a medical emergency
1147	1287		as defined by Section 171.002, Health and Safety Code [a lawful
1148	1288		medical procedure performed by a physician or other licensed health
1149	1289		care provider with the requisite consent, if the death of the unborn
1150	1290		child was the intended result of the procedure;
1151	1291		[(3) a lawful medical procedure performed by a
1152	1292		physician or other licensed health care provider with the requisite
1153	1293		consent as part of an assisted reproduction as defined by Section
1154	1294		160.102, Family Code; or
1155	1295		[(4) the dispensation of a drug in accordance with law
1156	1296		or administration of a drug prescribed in accordance with law].
1157	1297		SECTION 4.03. Section 22.12, Penal Code, is amended to read
1158	1298		as follows:
1159	1299		Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT.
1160	1300		Notwithstanding any other law, this [This] chapter applies [does
1161	1301		not apply] to conduct charged as having been committed against an
1162	1302		individual who is a preborn [an unborn] child unless [if] the
1163	1303		conduct is:
1164	1304		(1) committed by the mother of the preborn [unborn]
1165	1305		child; or
1166	1306		(2) an abortion performed, induced, or attempted to be
1167	1307		performed or induced by a physician because of a medical emergency
1168	1308		as defined by Section 171.002, Health and Safety Code [a lawful
1169	1309		medical procedure performed by a physician or other health care
1170	1310		provider with the requisite consent;
1171	1311		[(3) a lawful medical procedure performed by a
1172	1312		physician or other licensed health care provider with the requisite
1173	1313		consent as part of an assisted reproduction as defined by Section
1174	1314		160.102, Family Code; or
1175	1315		[(4) the dispensation of a drug in accordance with law
1176	1316		or administration of a drug prescribed in accordance with law].
1177	1317		SECTION 4.04. The following provisions are repealed:
1178	1318		(1) Section 33.002(b), Family Code; and
1179	1319		(2) Section 171.063(b), Health and Safety Code.
1180	1320		SECTION 4.05. (a) Subchapter C, Chapter 170, Health and
1181	1321		Safety Code, as added by this article, and Sections 19.06 and 22.12,
1182	1322		Penal Code, as amended by this article, shall be construed, as a
1183	1323		matter of state law, to be enforceable to the maximum possible
1184	1324		extent consistent with but not further than federal constitutional
1185	1325		requirements, even if that construction is not readily apparent, as
1186	1326		such constructions are authorized only to the extent necessary to
1187	1327		save the subchapter from judicial invalidation. Judicial
1188	1328		reformation of statutory language is explicitly authorized only to
1189	1329		the extent necessary to save the statutory provision from
1190	1330		invalidity.
1191	1331		(b) If any court determines that a provision described by
1192	1332		Subsection (a) of this section is unconstitutionally vague, the
1193	1333		court shall interpret the provision, as a matter of state law, to
1194	1334		avoid the vagueness problem and shall enforce the provision to the
1195	1335		maximum possible extent. If a federal court finds any provision
1196	1336		described by Subsection (a) of this section or its application to
1197	1337		any person, group of persons, or circumstances to be
1198	1338		unconstitutionally vague and declines to impose the saving
1199	1339		construction described by this section, the Texas Supreme Court
1200	1340		shall provide an authoritative construction of the objectionable
1201	1341		statutory provisions that avoids the constitutional problems while
1202	1342		enforcing the statute's restrictions to the maximum possible extent
1203	1343		and shall agree to answer any question certified from a federal
1204	1344		appellate court regarding the statute.
1205	1345		(c) An executive or administrative state official may not
1206	1346		decline to enforce a provision described by Subsection (a) of this
1207	1347		section, or adopt a construction of that provision or this section
1208	1348		in a way that narrows its applicability, based on the official's own
1209	1349		beliefs concerning the requirements of the state or federal
1210	1350		constitution, unless the official is enjoined by a state or federal
1211	1351		court from enforcing that provision.
1212	1352		(d) Sections 19.06 and 22.12, Penal Code, as amended by this
1213	1353		article, may not be construed to authorize the prosecution of or a
1214	1354		cause of action to be brought against a woman on whom an abortion is
1215	1355		performed, induced, or attempted to be performed or induced in
1216	1356		violation of Section 170.101, Health and Safety Code, as added by
1217	1357		this article.
1218	1358		ARTICLE 5. TRANSITIONS, SEVERABILITY, PREEMPTION,
1219	1359		CONSTITUTIONALITY, AND EFFECTIVE DATE
1220	1360		SECTION 5.01. Not later than December 1, 2021:
1221	1361		(1) the Health and Human Services Commission shall:
1222	1362		(A) develop the perinatal palliative care
1223	1363		informational materials, list of perinatal palliative care
1224	1364		providers and programs, and perinatal palliative care
1225	1365		certification form required by Subchapter X, Chapter 161, Health
1226	1366		and Safety Code, as added by this Act; and
1227	1367		(B) update any forms and informational materials
1228	1368		under Subchapter B, Chapter 171, Health and Safety Code, as amended
1229	1369		by this Act; and
1230	1370		(2) the executive commissioner of the Health and Human
1231	1371		Services Commission shall adopt any rules necessary to implement
1232	1372		Subchapter X, Chapter 161, Health and Safety Code, as added by this
1233	1373		Act, and Subchapter B, Chapter 171, Health and Safety Code, as
1234	1374		amended by this Act.
1235	1375		SECTION 5.02. (a) Subchapter X, Chapter 161, Health and
1236	1376		Safety Code, as added by this Act, applies only to a diagnosis of a
1237	1377		life-threatening disability of a pregnant woman's preborn child
1238	1378		made on or after January 1, 2022.
1239	1379		(b) Subchapter B, Chapter 170, Health and Safety Code, as
1240	1380		added by this Act, Subchapters B and C, Chapter 171, Health and
1241	1381		Safety Code, as amended by this Act, and Chapter 164, Occupations
1242	1382		Code, as amended by this Act, apply only to an abortion performed,
1243	1383		induced, or attempted to be performed or induced or other conduct
1244	1384		that occurred on or after January 1, 2022. An abortion performed,
1245	1385		induced, or attempted to be performed or induced or other conduct
1246	1386		that occurred before that date is governed by the law in effect
1247	1387		immediately before the effective date of this Act, and that law is
1248	1388		continued in effect for that purpose.
1249	1389		(c) Subchapter C, Chapter 170, Health and Safety Code, as
1250	1390		added by this Act, applies only to an abortion that is performed,
1251	1391		induced, or attempted to be performed or induced on or after the
1252	1392		effective date of Article 4 of this Act.
1253	1393		(d) Subchapter H, Chapter 171, Health and Safety Code, as
1254	1394		added by this Act, applies only to an abortion performed, induced,
1255		-	or attempted to be performed or induced on or after January 1, 2022.
	1395	+	or attempted to be performed or induced on or after the effective
	1396	+	date of Article 3 of this Act.
1256	1397		(e) Sections 19.06 and 22.12, Penal Code, as amended by this
1257	1398		Act, apply only to conduct that occurs on or after the effective
1258	1399		date of Article 4 of this Act. Conduct that occurs before that date
1259	1400		is governed by the law in effect on the date the conduct occurred,
1260	1401		and that law is continued in effect for that purpose.
1261	1402		(f) Sections 19.06 and 22.12, Penal Code, as amended by this
1262	1403		Act, apply only to an offense committed on or after the effective
1263	1404		date of Article 4 of this Act. An offense committed before that
1264	1405		date is governed by the law in effect when the offense was
1265	1406		committed, and the former law is continued in effect for that
1266	1407		purpose. For purposes of this subsection, an offense is committed
1267	1408		before the effective date of Article 4 of this Act if any element of
1268	1409		the offense occurs before that date.
1269	1410		SECTION 5.03. (a) It is the intent of the legislature that
1270	1411		if a court suspends enforcement of any provision of this Act, the
1271	1412		suspension is not to be regarded as repealing that provision.
1272	1413		(b) If any provision of this Act is held invalid or if the
1273	1414		application of any provision to any person or circumstance is held
1274	1415		invalid, the invalidity of that provision or application does not
1275	1416		affect any other provision or application of this Act that can be
1276	1417		given effect without the invalid provision or application, and to
1277	1418		this end, the provisions of this Act are severable. It is the
1278	1419		intent of the legislature that any invalidity or potential
1279	1420		invalidity of a provision of this Act does not impair the immediate
1280	1421		and continuing enforceability of the remaining provisions. It is
1281	1422		furthermore the intent of the legislature that the provisions of
1282	1423		this Act do not have the effect of repealing or limiting any other
1283	1424		laws of this state.
1284	1425		(c) The legislature intends that each provision of this Act
1285	1426		as applicable to each individual woman is severable from each other
1286	1427		provision of this Act. In the unexpected event that a court finds
1287	1428		the application of any provision of this Act to impose an
1288	1429		impermissible undue burden on any pregnant woman or group of
1289	1430		pregnant women, the application of the provision to those women is
1290	1431		severed from the application of the remaining provisions of this
1291	1432		Act that do not impose an undue burden, and those remaining
1292	1433		applications remain in force and unaffected, consistent with
1293	1434		Section 5.02 of this article.
1294	1435		SECTION 5.04. (a) After the issuance of a decision by the
1295	1436		United States Supreme Court overruling any prior ruling that
1296	1437		prohibits states from wholly or partly prohibiting abortion, the
1297	1438		issuance of any court order or judgment restoring, expanding, or
1298	1439		clarifying the authority of states to wholly or partly prohibit or
1299	1440		regulate abortion, or the effective date of an amendment to the
1300	1441		United States Constitution restoring, expanding, or clarifying the
1301	1442		authority of states to wholly or partly prohibit or regulate
1302	1443		abortion, the attorney general may apply to the appropriate state
1303	1444		or federal court for:
1304	1445		(1) a declaration that any one or more provisions of
1305	1446		this Act are constitutional; or
1306	1447		(2) a judgment or order lifting an injunction against
1307	1448		the enforcement of any one or more provisions of this Act.
1308	1449		(b) If the attorney general fails to apply for the relief
1309	1450		described by Subsection (a) of this section not later than the 30th
1310	1451		day after the date an event described by that subsection occurs, any
1311	1452		district attorney may apply to the appropriate state or federal
1312	1453		court for the relief described by that subsection.
1313	1454		SECTION 5.05. The Health and Human Services Commission is
1314	1455		required to implement a provision of this Act only if the
1315	1456		legislature appropriates money to the commission specifically for
1316	1457		that purpose. If the legislature does not appropriate money
1317	1458		specifically for that purpose, the commission may, but is not
1318	1459		required to, implement a provision of this Act using other
1319	1460		appropriations that are available for that purpose.
1320	1461		SECTION 5.06. (a) Except as otherwise provided by this
1321	1462		section, this Act takes effect September 1, 2021.
1322		-	(b) Article 4 of this Act takes effect the earlier of:
	1463	+	(b) Article 3 of this Act takes effect the earlier of:
	1464	+	(1) the 91st day after the date the attorney general
	1465	+	submits a report required by Section 402.003, Government Code, that
	1466	+	states a court of competent jurisdiction has held the provisions in
	1467	+	Article 3 of this Act to be constitutional; or
	1468	+	(2) September 1, 2023.
	1469	+	(c) Article 4 of this Act takes effect the earlier of:
1323	1470		(1) to the extent permitted, on the 30th day after:
1324	1471		(A) the issuance of a United States Supreme Court
1325	1472		judgment in a decision overruling, wholly or partly, Roe v. Wade,
1326	1473		410 U.S. 113 (1973), as modified by Planned Parenthood v. Casey, 505
1327	1474		U.S. 833 (1992), thereby allowing the states of the United States to
1328	1475		prohibit abortion;
1329	1476		(B) the issuance of any other United States
1330	1477		Supreme Court judgment in a decision that recognizes, wholly or
1331	1478		partly, the authority of the states to prohibit abortion; or
1332	1479		(C) adoption of an amendment to the United States
1333	1480		Constitution that, wholly or partly, restores to the states the
1334	1481		authority to prohibit abortion;
1335	1482		(2) the 91st day after the date the attorney general
1336		-	submits a report required by Section 171.0055, Health and Safety
1337		-	Code, as added by this Act, that certifies that a court of competent
1338		-	jurisdiction has held provisions substantially similar to the
1339		-	provisions in Article 4 of this Act to be constitutional; or
	1483	+	submits a report required by Section 402.003, Government Code, that
	1484	+	states a court of competent jurisdiction has held the provisions in
	1485	+	Article 4 of this Act to be constitutional; or
1340	1486		(3) September 1, 2025.