Texas 2021 - 87th Regular

Texas Senate Bill SB391 Compare Versions

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

Old	New	Differences
1	1	87R3903 SCL-F
2	2	By: Paxton, et al. S.B. No. 391
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibition of abortion; providing a civil penalty;
8	8	creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Human Life
11	11	Protection Act of 2021.
12	12	SECTION 2. Subtitle H, Title 2, Health and Safety Code, is
13	13	amended by adding Chapter 170A to read as follows:
14	14	CHAPTER 170A. PERFORMANCE OF ABORTION
15	15	Sec. 170A.001. DEFINITIONS. In this chapter:
16	16	(1) "Abortion" has the meaning assigned by Section
17	17	245.002.
18	18	(2) "Fertilization" means the point in time when a
19	19	male human sperm penetrates the zona pellucida of a female human
20	20	ovum.
21	21	(3) "Pregnant" means the female human reproductive
22	22	condition of having a living unborn child within the female's body
23	23	during the entire embryonic and fetal stages of the unborn child's
24	24	development from fertilization until birth.
25	25	(4) "Reasonable medical judgment" means a medical
26	26	judgment made by a reasonably prudent physician, knowledgeable
27	27	about a case and the treatment possibilities for the medical
28	28	conditions involved.
29	29	(5) "Unborn child" means an individual living member
30	30	of the homo sapiens species from fertilization until birth,
31	31	including the entire embryonic and fetal stages of development.
32	32	Sec. 170A.002. PROHIBITED ABORTION; EXCEPTIONS. (a) A
33	33	person may not knowingly perform, induce, or attempt an abortion.
34	34	(b) The prohibition under Subsection (a) does not apply if:
35	35	(1) the person performing, inducing, or attempting the
36	36	abortion is a licensed physician;
37	37	(2) in the exercise of reasonable medical judgment,
38	38	the pregnant female on whom the abortion is performed, induced, or
39	39	attempted has a life-threatening physical condition aggravated by,
40	40	caused by, or arising from a pregnancy that places the female at
41	41	risk of death or poses a serious risk of substantial impairment of a
42	42	major bodily function unless the abortion is performed or induced;
43	43	and
44	44	(3) the person performs, induces, or attempts the
45	45	abortion in a manner that, in the exercise of reasonable medical
46	46	judgment, provides the best opportunity for the unborn child to
47	47	survive unless, in the reasonable medical judgment, that manner
48	48	would create:
49	49	(A) a greater risk of the pregnant female's
50	50	death; or
51	51	(B) a serious risk of substantial impairment of a
52	52	major bodily function of the pregnant female.
53	53	(c) A physician may not take an action authorized under
54	54	Subsection (b) if, at the time the abortion was performed, induced,
55	55	or attempted, the person knew the risk of death or a substantial
56	56	impairment of a major bodily function described by Subsection
57	57	(b)(2) arose from a claim or diagnosis that the female would engage
58	58	in conduct that might result in the female's death or in substantial
59	59	impairment of a major bodily function.
60	60	(d) Medical treatment provided to the pregnant female by a
61	61	licensed physician that results in the accidental or unintentional
62	62	injury or death of the unborn child does not constitute a violation
63	63	of this section.
64	64	Sec. 170A.003. CONSTRUCTION OF CHAPTER. This chapter may
65	65	not be construed to authorize the imposition of criminal, civil, or
66	66	administrative liability or penalties on a pregnant female on whom
67	67	an abortion is performed, induced, or attempted.
68	68	Sec. 170A.004. CRIMINAL OFFENSE. (a) A person who violates
69	69	Section 170A.002 commits an offense.
70	70	(b) An offense under this section is a felony of the second
71	71	degree, except that the offense is a felony of the first degree if
72	72	an unborn child dies as a result of the offense.
73	73	Sec. 170A.005. CIVIL PENALTY. A person who violates
74	74	Section 170A.002 is subject to a civil penalty of not less than
75	75	$100,000 for each violation. The attorney general shall file an
76	76	action to recover a civil penalty assessed under this section and
77	77	may recover attorney's fees and costs incurred in bringing the
78	78	action.
79	79	Sec. 170A.006. CIVIL REMEDIES UNAFFECTED. The fact that
80	80	conduct is subject to a civil or criminal penalty under this chapter
81	81	does not abolish or impair any remedy for the conduct that is
82	82	available in a civil suit.
83	83	Sec. 170A.007. DISCIPLINARY ACTION. In addition to any
84	84	other penalty that may be imposed under this chapter, the
85	85	appropriate licensing authority shall revoke the license, permit,
86	86	registration, certificate, or other authority of a physician or
87	87	other health care professional who performs, induces, or attempts
88	88	an abortion in violation of Section 170A.002.
89	89	SECTION 3. Section 2 of this Act takes effect, to the extent
90	90	permitted, on the 30th day after:
91	91	(1) the issuance of a United States Supreme Court
92	92	judgment overruling, wholly or partly, Roe v. Wade, 410 U.S. 113
93	93	(1973), as modified by Planned Parenthood v. Casey, 505 U.S. 833
94	94	(1992), thereby allowing the states of the United States to
95	95	prohibit abortion;
96	96	(2) the issuance of any other United States Supreme
97	97	Court decision that recognizes, wholly or partly, the authority of
98	98	the states to prohibit abortion; or
99	99	(3) adoption of an amendment to the United States
100	100	Constitution that, wholly or partly, restores to the states the
101	101	authority to prohibit abortion.
102	102	SECTION 4. The provisions of this Act are hereby declared
103	103	severable, and if any provision of this Act or the application of
104	104	such provision to any person or circumstance is declared invalid
105	105	for any reason, such declaration shall not affect the validity of
106	106	the remaining portions of this Act.
107	107	SECTION 5. This Act takes effect September 1, 2021.