Texas 2021 - 87th Regular

Texas Senate Bill SB8 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 8
	1	+	By: Hughes, et al. S.B. No. 8
	2	+	(Slawson, Burrows, Klick, Cain, Leach, et al.)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to abortion, including abortions after detection of an
6	8		unborn child's heartbeat; authorizing a private civil right of
7	9		action.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. This Act shall be known as the Texas Heartbeat
10	12		Act.
11	13		SECTION 2. The legislature finds that the State of Texas
12	14		never repealed, either expressly or by implication, the state
13	15		statutes enacted before the ruling in Roe v. Wade, 410 U.S. 113
14	16		(1973), that prohibit and criminalize abortion unless the mother's
15	17		life is in danger.
16	18		SECTION 3. Chapter 171, Health and Safety Code, is amended
17	19		by adding Subchapter H to read as follows:
18	20		SUBCHAPTER H. DETECTION OF FETAL HEARTBEAT
19	21		Sec. 171.201. DEFINITIONS. In this subchapter:
20	22		(1) "Fetal heartbeat" means cardiac activity or the
21	23		steady and repetitive rhythmic contraction of the fetal heart
22	24		within the gestational sac.
23	25		(2) "Gestational age" means the amount of time that
24	26		has elapsed from the first day of a woman's last menstrual period.
25	27		(3) "Gestational sac" means the structure comprising
26	28		the extraembryonic membranes that envelop the unborn child and that
27	29		is typically visible by ultrasound after the fourth week of
28	30		pregnancy.
29	31		(4) "Physician" means an individual licensed to
30	32		practice medicine in this state, including a medical doctor and a
31	33		doctor of osteopathic medicine.
32	34		(5) "Pregnancy" means the human female reproductive
33	35		condition that:
34	36		(A) begins with fertilization;
35	37		(B) occurs when the woman is carrying the
36	38		developing human offspring; and
37	39		(C) is calculated from the first day of the
38	40		woman's last menstrual period.
39	41		(6) "Standard medical practice" means the degree of
40	42		skill, care, and diligence that an obstetrician of ordinary
41	43		judgment, learning, and skill would employ in like circumstances.
42	44		(7) "Unborn child" means a human fetus or embryo in any
43	45		stage of gestation from fertilization until birth.
44	46		Sec. 171.202. LEGISLATIVE FINDINGS. The legislature finds,
45	47		according to contemporary medical research, that:
46	48		(1) fetal heartbeat has become a key medical predictor
47	49		that an unborn child will reach live birth;
48	50		(2) cardiac activity begins at a biologically
49	51		identifiable moment in time, normally when the fetal heart is
50	52		formed in the gestational sac;
51	53		(3) Texas has compelling interests from the outset of
52	54		a woman's pregnancy in protecting the health of the woman and the
53	55		life of the unborn child; and
54	56		(4) to make an informed choice about whether to
55	57		continue her pregnancy, the pregnant woman has a compelling
56	58		interest in knowing the likelihood of her unborn child surviving to
57	59		full-term birth based on the presence of cardiac activity.
58	60		Sec. 171.203. DETERMINATION OF PRESENCE OF FETAL HEARTBEAT
59	61		REQUIRED; RECORD. (a) For the purposes of determining the
60	62		presence of a fetal heartbeat under this section, "standard medical
61	63		practice" includes employing the appropriate means of detecting the
62	64		heartbeat based on the estimated gestational age of the unborn
63	65		child and the condition of the woman and her pregnancy.
64	66		(b) Except as provided by Section 171.205, a physician may
65	67		not knowingly perform or induce an abortion on a pregnant woman
66	68		unless the physician has determined, in accordance with this
67	69		section, whether the woman's unborn child has a detectable fetal
68	70		heartbeat.
69	71		(c) In making a determination under Subsection (b), the
70	72		physician must use a test that is:
71	73		(1) consistent with the physician's good faith and
72	74		reasonable understanding of standard medical practice; and
73	75		(2) appropriate for the estimated gestational age of
74	76		the unborn child and the condition of the pregnant woman and her
75	77		pregnancy.
76	78		(d) A physician making a determination under Subsection (b)
77	79		shall record in the pregnant woman's medical record:
78	80		(1) the estimated gestational age of the unborn child;
79	81		(2) the method used to estimate the gestational age;
80	82		and
81	83		(3) the test used for detecting a fetal heartbeat,
82	84		including the date, time, and results of the test.
83	85		Sec. 171.204. PROHIBITED ABORTION OF UNBORN CHILD WITH
84	86		DETECTABLE FETAL HEARTBEAT; EFFECT. (a) Except as provided by
85	87		Section 171.205, a physician may not knowingly perform or induce an
86	88		abortion on a pregnant woman if the physician detected a fetal
87	89		heartbeat for the unborn child as required by Section 171.203 or
88	90		failed to perform a test to detect a fetal heartbeat.
89	91		(b) A physician does not violate this section if the
90	92		physician performed a test for a fetal heartbeat as required by
91	93		Section 171.203 and did not detect a fetal heartbeat.
92	94		(c) This section does not affect:
93	95		(1) the provisions of this chapter that restrict or
94	96		regulate an abortion by a particular method or during a particular
95	97		stage of pregnancy; or
96	98		(2) any other provision of state law that regulates or
97	99		prohibits abortion.
98	100		Sec. 171.205. EXCEPTION FOR MEDICAL EMERGENCY; RECORDS.
99	101		(a) Sections 171.203 and 171.204 do not apply if a physician
100	102		believes a medical emergency exists that prevents compliance with
101	103		this subchapter.
102	104		(b) A physician who performs or induces an abortion under
103	105		circumstances described by Subsection (a) shall make written
104	106		notations in the pregnant woman's medical record of:
105	107		(1) the physician's belief that a medical emergency
106	108		necessitated the abortion; and
107	109		(2) the medical condition of the pregnant woman that
108	110		prevented compliance with this subchapter.
109	111		(c) A physician performing or inducing an abortion under
110	112		this section shall maintain in the physician's practice records a
111	113		copy of the notations made under Subsection (b).
112	114		Sec. 171.206. CONSTRUCTION OF SUBCHAPTER. (a) This
113	115		subchapter does not create or recognize a right to abortion before a
114	116		fetal heartbeat is detected.
115	117		(b) This subchapter may not be construed to:
116	118		(1) authorize the initiation of a cause of action
117	119		against or the prosecution of a woman on whom an abortion is
118	120		performed or induced or attempted to be performed or induced in
119	121		violation of this subchapter;
120	122		(2) wholly or partly repeal, either expressly or by
121	123		implication, any other statute that regulates or prohibits
122	124		abortion, including Chapter 6-1/2, Title 71, Revised Statutes; or
123	125		(3) restrict a political subdivision from regulating
124	126		or prohibiting abortion in a manner that is at least as stringent as
125	127		the laws of this state.
126	128		Sec. 171.207. LIMITATIONS ON PUBLIC ENFORCEMENT.
127	129		(a) Notwithstanding Section 171.005 or any other law, the
128	130		requirements of this subchapter shall be enforced exclusively
129	131		through the private civil actions described in Section 171.208. No
130	132		enforcement of this subchapter, and no enforcement of Chapters 19
131	133		and 22, Penal Code, in response to violations of this subchapter,
132	134		may be taken or threatened by this state, a political subdivision, a
133	135		district or county attorney, or an executive or administrative
134	136		officer or employee of this state or a political subdivision
135	137		against any person, except as provided in Section 171.208.
136	138		(b) Subsection (a) may not be construed to:
137	139		(1) legalize the conduct prohibited by this subchapter
138	140		or by Chapter 6-1/2, Title 71, Revised Statutes;
139	141		(2) limit in any way or affect the availability of a
140	142		remedy established by Section 171.208; or
141	143		(3) limit the enforceability of any other laws that
142	144		regulate or prohibit abortion.
143	145		Sec. 171.208. CIVIL LIABILITY FOR VIOLATION OR AIDING OR
144	146		ABETTING VIOLATION. (a) Any person, other than an officer or
145	147		employee of a state or local governmental entity in this state, may
146	148		bring a civil action against any person who:
147	149		(1) performs or induces an abortion in violation of
148		-	this ~~subchapter~~;
	150	+	this chapter;
149	151		(2) knowingly engages in conduct that aids or abets
150	152		the performance or inducement of an abortion, including paying for
151	153		or reimbursing the costs of an abortion through insurance or
152	154		otherwise, if the abortion is performed or induced in violation of
153		-	this ~~subchapter~~, regardless of whether the person knew or should
154		-	~~have~~ known that the abortion would be performed or induced in
155		-	~~violation~~ of this ~~subchapter~~; or
	155	+	this chapter, regardless of whether the person knew or should have
	156	+	known that the abortion would be performed or induced in violation
	157	+	of this chapter; or
156	158		(3) intends to engage in the conduct described by
157	159		Subdivision (1) or (2).
158	160		(b) If a claimant prevails in an action brought under this
159	161		section, the court shall award:
160	162		(1) injunctive relief sufficient to prevent the
161		-	defendant from violating this ~~subchapter~~ or engaging in acts that
162		-	~~aid~~ or abet violations of this ~~subchapter~~;
	163	+	defendant from violating this chapter or engaging in acts that aid
	164	+	or abet violations of this chapter;
163	165		(2) statutory damages in an amount of not less than
164	166		$10,000 for each abortion that the defendant performed or induced
165		-	in violation of this ~~subchapter~~, and for each abortion performed or
166		-	induced in violation of this ~~subchapter~~ that the defendant aided or
	167	+	in violation of this chapter, and for each abortion performed or
	168	+	induced in violation of this chapter that the defendant aided or
167	169		abetted; and
168	170		(3) costs and attorney's fees.
169	171		(c) Notwithstanding Subsection (b), a court may not award
170	172		relief under this section in response to a violation of Subsection
171	173		(a)(1) or (2) if the defendant demonstrates that the defendant
172	174		previously paid the full amount of statutory damages under
173	175		Subsection (b)(2) in a previous action for that particular abortion
174		-	performed or induced in violation of this ~~subchapter~~, or for the
	176	+	performed or induced in violation of this chapter, or for the
175	177		particular conduct that aided or abetted an abortion performed or
176		-	induced in violation of this ~~subchapter~~.
	178	+	induced in violation of this chapter.
177	179		(d) Notwithstanding Chapter 16, Civil Practice and Remedies
178	180		Code, or any other law, a person may bring an action under this
179		-	section not later than the ~~fourth~~ anniversary of the date the cause
	181	+	section not later than the sixth anniversary of the date the cause
180	182		of action accrues.
181	183		(e) Notwithstanding any other law, the following are not a
182	184		defense to an action brought under this section:
183	185		(1) ignorance or mistake of law;
184	186		(2) a defendant's belief that the requirements of this
185		-	~~subchapter~~ are unconstitutional or were unconstitutional;
	187	+	chapter are unconstitutional or were unconstitutional;
186	188		(3) a defendant's reliance on any court decision that
187	189		has been overruled on appeal or by a subsequent court, even if that
188	190		court decision had not been overruled when the defendant engaged in
189		-	conduct that violates this ~~subchapter~~;
	191	+	conduct that violates this chapter;
190	192		(4) a defendant's reliance on any state or federal
191	193		court decision that is not binding on the court in which the action
192	194		has been brought;
193	195		(5) non-mutual issue preclusion or non-mutual claim
194	196		preclusion;
195	197		(6) the consent of the unborn child's mother to the
196	198		abortion; or
197		-	(7) any claim that the enforcement of this ~~subchapter~~
198		-	or the imposition of civil liability against the defendant will
	199	+	(7) any claim that the enforcement of this chapter or
	200	+	the imposition of civil liability against the defendant will
199	201		violate the constitutional rights of third parties, except as
200	202		provided by Section 171.209.
201	203		(f) It is an affirmative defense if:
202	204		(1) a person sued under Subsection (a)(2) reasonably
203	205		believed, after conducting a reasonable investigation, that the
204	206		physician performing or inducing the abortion had complied or would
205		-	comply with this ~~subchapter~~; or
	207	+	comply with this chapter; or
206	208		(2) a person sued under Subsection (a)(3) reasonably
207	209		believed, after conducting a reasonable investigation, that the
208	210		physician performing or inducing the abortion will comply with this
209		-	~~subchapter~~.
	211	+	chapter.
210	212		(f-1) The defendant has the burden of proving an affirmative
211	213		defense under Subsection (f)(1) or (2) by a preponderance of the
212	214		evidence.
213	215		(g) This section may not be construed to impose liability on
214	216		any speech or conduct protected by the First Amendment of the United
215	217		States Constitution, as made applicable to the states through the
216	218		United States Supreme Court's interpretation of the Fourteenth
217	219		Amendment of the United States Constitution, or by Section 8,
218	220		Article I, Texas Constitution.
219	221		(h) Notwithstanding any other law, this state, a state
220	222		official, or a district or county attorney may not intervene in an
221	223		action brought under this section. This subsection does not
222	224		prohibit a person described by this subsection from filing an
223	225		amicus curiae brief in the action.
224	226		(i) Notwithstanding any other law, a court may not award
225	227		costs or attorney's fees under the Texas Rules of Civil Procedure or
226	228		any other rule adopted by the supreme court under Section 22.004,
227	229		Government Code, to a defendant in an action brought under this
228	230		section.
229		-	(j) Notwithstanding any other law, a civil action under this
230		-	section may not be brought by a person who impregnated the abortion
231		-	patient through an act of rape, sexual assault, incest, or any other
232		-	act prohibited by Sections 22.011, 22.021, or 25.02, Penal Code.
233	231		Sec. 171.209. CIVIL LIABILITY: UNDUE BURDEN DEFENSE
234	232		LIMITATIONS. (a) A defendant against whom an action is brought
235	233		under Section 171.208 does not have standing to assert the rights of
236	234		women seeking an abortion as a defense to liability under that
237	235		section unless:
238	236		(1) the United States Supreme Court holds that the
239	237		courts of this state must confer standing on that defendant to
240	238		assert the third-party rights of women seeking an abortion in state
241	239		court as a matter of federal constitutional law; or
242	240		(2) the defendant has standing to assert the rights of
243	241		women seeking an abortion under the tests for third-party standing
244	242		established by the United States Supreme Court.
245	243		(b) A defendant in an action brought under Section 171.208
246	244		may assert an affirmative defense to liability under this section
247	245		if:
248	246		(1) the defendant has standing to assert the
249	247		third-party rights of a woman or group of women seeking an abortion
250	248		in accordance with Subsection (a); and
251	249		(2) the defendant demonstrates that the relief sought
252	250		by the claimant will impose an undue burden on that woman or that
253	251		group of women seeking an abortion.
254	252		(c) A court may not find an undue burden under Subsection
255	253		(b) unless the defendant introduces evidence proving that:
256	254		(1) an award of relief will prevent a woman or a group
257	255		of women from obtaining an abortion; or
258	256		(2) an award of relief will place a substantial
259	257		obstacle in the path of a woman or a group of women who are seeking
260	258		an abortion.
261	259		(d) A defendant may not establish an undue burden under this
262	260		section by:
263	261		(1) merely demonstrating that an award of relief will
264	262		prevent women from obtaining support or assistance, financial or
265	263		otherwise, from others in their effort to obtain an abortion; or
266	264		(2) arguing or attempting to demonstrate that an award
267	265		of relief against other defendants or other potential defendants
268	266		will impose an undue burden on women seeking an abortion.
269	267		(e) The affirmative defense under Subsection (b) is not
270	268		available if the United States Supreme Court overrules Roe v. Wade,
271	269		410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505 U.S. 833
272	270		(1992), regardless of whether the conduct on which the cause of
273	271		action is based under Section 171.208 occurred before the Supreme
274	272		Court overruled either of those decisions.
275	273		(f) Nothing in this section shall in any way limit or
276	274		preclude a defendant from asserting the defendant's personal
277	275		constitutional rights as a defense to liability under Section
278	276		171.208, and a court may not award relief under Section 171.208 if
279	277		the conduct for which the defendant has been sued was an exercise of
280	278		state or federal constitutional rights that personally belong to
281	279		the defendant.
282	280		Sec. 171.210. CIVIL LIABILITY: VENUE.
283	281		(a) Notwithstanding any other law, including Section 15.002,
284	282		Civil Practice and Remedies Code, a civil action brought under
285	283		Section 171.208 shall be brought in:
286	284		(1) the county in which all or a substantial part of
287	285		the events or omissions giving rise to the claim occurred;
288	286		(2) the county of residence for any one of the natural
289	287		person defendants at the time the cause of action accrued;
290	288		(3) the county of the principal office in this state of
291	289		any one of the defendants that is not a natural person; or
292	290		(4) the county of residence for the claimant if the
293	291		claimant is a natural person residing in this state.
294	292		(b) If a civil action is brought under Section 171.208 in
295	293		any one of the venues described by Subsection (a), the action may
296	294		not be transferred to a different venue without the written consent
297	295		of all parties.
298	296		Sec. 171.211. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
299	297		IMMUNITY PRESERVED. (a) This section prevails over any
300	298		conflicting law, including:
301	299		(1) the Uniform Declaratory Judgments Act; and
302	300		(2) Chapter 37, Civil Practice and Remedies Code.
303	301		(b) This state has sovereign immunity, a political
304	302		subdivision has governmental immunity, and each officer and
305	303		employee of this state or a political subdivision has official
306	304		immunity in any action, claim, or counterclaim or any type of legal
307	305		or equitable action that challenges the validity of any provision
308	306		or application of this chapter, on constitutional grounds or
309	307		otherwise.
310	308		(c) A provision of state law may not be construed to waive or
311	309		abrogate an immunity described by Subsection (b) unless it
312	310		expressly waives immunity under this section.
313	311		Sec. 171.212. SEVERABILITY. (a) Mindful of Leavitt v.
314	312		Jane L.
315	313		the severability of a state statute regulating abortion the United
316	314		States Supreme Court held that an explicit statement of legislative
317	315		intent is controlling, it is the intent of the legislature that
318	316		every provision, section, subsection, sentence, clause, phrase, or
319	317		word in this chapter, and every application of the provisions in
320	318		this chapter, are severable from each other.
321	319		(b) If any application of any provision in this chapter to
322	320		any person, group of persons, or circumstances is found by a court
323	321		to be invalid or unconstitutional, the remaining applications of
324	322		that provision to all other persons and circumstances shall be
325	323		severed and may not be affected. All constitutionally valid
326	324		applications of this chapter shall be severed from any applications
327	325		that a court finds to be invalid, leaving the valid applications in
328	326		force, because it is the legislature's intent and priority that the
329	327		valid applications be allowed to stand alone. Even if a reviewing
330	328		court finds a provision of this chapter to impose an undue burden in
331	329		a large or substantial fraction of relevant cases, the applications
332	330		that do not present an undue burden shall be severed from the
333	331		remaining applications and shall remain in force, and shall be
334	332		treated as if the legislature had enacted a statute limited to the
335	333		persons, group of persons, or circumstances for which the statute's
336	334		application does not present an undue burden.
337	335		(b-1) If any court declares or finds a provision of this
338	336		chapter facially unconstitutional, when discrete applications of
339	337		that provision can be enforced against a person, group of persons,
340	338		or circumstances without violating the United States Constitution
341	339		and Texas Constitution, those applications shall be severed from
342	340		all remaining applications of the provision, and the provision
343	341		shall be interpreted as if the legislature had enacted a provision
344	342		limited to the persons, group of persons, or circumstances for
345	343		which the provision's application will not violate the United
346	344		States Constitution and Texas Constitution.
347	345		(c) The legislature further declares that it would have
348	346		enacted this chapter, and each provision, section, subsection,
349	347		sentence, clause, phrase, or word, and all constitutional
350	348		applications of this chapter, irrespective of the fact that any
351	349		provision, section, subsection, sentence, clause, phrase, or word,
352	350		or applications of this chapter, were to be declared
353	351		unconstitutional or to represent an undue burden.
354	352		(d) If any provision of this chapter is found by any court to
355	353		be unconstitutionally vague, then the applications of that
356	354		provision that do not present constitutional vagueness problems
357	355		shall be severed and remain in force.
358	356		(e) No court may decline to enforce the severability
359	357		requirements of Subsections (a), (b), (b-1), (c), and (d) on the
360	358		ground that severance would rewrite the statute or involve the
361	359		court in legislative or lawmaking activity. A court that declines
362	360		to enforce or enjoins a state official from enforcing a statutory
363	361		provision does not rewrite a statute, as the statute continues to
364	362		contain the same words as before the court's decision. A judicial
365	363		injunction or declaration of unconstitutionality:
366	364		(1) is nothing more than an edict prohibiting
367	365		enforcement that may subsequently be vacated by a later court if
368	366		that court has a different understanding of the requirements of the
369	367		Texas Constitution or United States Constitution;
370	368		(2) is not a formal amendment of the language in a
371	369		statute; and
372	370		(3) no more rewrites a statute than a decision by the
373	371		executive not to enforce a duly enacted statute in a limited and
374	372		defined set of circumstances.
375	373		SECTION 4. Chapter 30, Civil Practice and Remedies Code, is
376	374		amended by adding Section 30.022 to read as follows:
377	375		Sec. 30.022. AWARD OF ATTORNEY'S FEES IN ACTIONS
378	376		CHALLENGING ABORTION LAWS. (a) Notwithstanding any other law, any
379	377		person, including an entity, attorney, or law firm, who seeks
380	378		declaratory or injunctive relief to prevent this state, a political
381	379		subdivision, any governmental entity or public official in this
382	380		state, or any person in this state from enforcing any statute,
383	381		ordinance, rule, regulation, or any other type of law that
384	382		regulates or restricts abortion or that limits taxpayer funding for
385	383		individuals or entities that perform or promote abortions, in any
386	384		state or federal court, or that represents any litigant seeking
387	385		such relief in any state or federal court, is jointly and severally
388	386		liable to pay the costs and attorney's fees of the prevailing party.
389	387		(b) For purposes of this section, a party is considered a
390	388		prevailing party if a state or federal court:
391	389		(1) dismisses any claim or cause of action brought
392	390		against the party that seeks the declaratory or injunctive relief
393	391		described by Subsection (a), regardless of the reason for the
394	392		dismissal; or
395	393		(2) enters judgment in the party's favor on any such
396	394		claim or cause of action.
397	395		(c) Regardless of whether a prevailing party sought to
398	396		recover costs or attorney's fees in the underlying action, a
399	397		prevailing party under this section may bring a civil action to
400	398		recover costs and attorney's fees against a person, including an
401	399		entity, attorney, or law firm, that sought declaratory or
402	400		injunctive relief described by Subsection (a) not later than the
403	401		third anniversary of the date on which, as applicable:
404	402		(1) the dismissal or judgment described by Subsection
405	403		(b) becomes final on the conclusion of appellate review; or
406	404		(2) the time for seeking appellate review expires.
407	405		(d) It is not a defense to an action brought under
408	406		Subsection (c) that:
409	407		(1) a prevailing party under this section failed to
410	408		seek recovery of costs or attorney's fees in the underlying action;
411	409		(2) the court in the underlying action declined to
412	410		recognize or enforce the requirements of this section; or
413	411		(3) the court in the underlying action held that any
414	412		provisions of this section are invalid, unconstitutional, or
415	413		preempted by federal law, notwithstanding the doctrines of issue or
416	414		claim preclusion.
417	415		SECTION 5. Subchapter C, Chapter 311, Government Code, is
418	416		amended by adding Section 311.036 to read as follows:
419	417		Sec. 311.036. CONSTRUCTION OF ABORTION STATUTES. (a) A
420	418		statute that regulates or prohibits abortion may not be construed
421	419		to repeal any other statute that regulates or prohibits abortion,
422	420		either wholly or partly, unless the repealing statute explicitly
423	421		states that it is repealing the other statute.
424	422		(b) A statute may not be construed to restrict a political
425	423		subdivision from regulating or prohibiting abortion in a manner
426	424		that is at least as stringent as the laws of this state unless the
427	425		statute explicitly states that political subdivisions are
428	426		prohibited from regulating or prohibiting abortion in the manner
429	427		described by the statute.
430	428		(c) Every statute that regulates or prohibits abortion is
431	429		severable in each of its applications to every person and
432	430		circumstance. If any statute that regulates or prohibits abortion
433	431		is found by any court to be unconstitutional, either on its face or
434	432		as applied, then all applications of that statute that do not
435	433		violate the United States Constitution and Texas Constitution shall
436	434		be severed from the unconstitutional applications and shall remain
437	435		enforceable, notwithstanding any other law, and the statute shall
438	436		be interpreted as if containing language limiting the statute's
439	437		application to the persons, group of persons, or circumstances for
440	438		which the statute's application will not violate the United States
441	439		Constitution and Texas Constitution.
442	440		SECTION 6. Section 171.005, Health and Safety Code, is
443	441		amended to read as follows:
444	442		Sec. 171.005. COMMISSION [DEPARTMENT] TO ENFORCE;
445	443		EXCEPTION. The commission [department] shall enforce this chapter
446	444		except for Subchapter H, which shall be enforced exclusively
447	445		through the private civil enforcement actions described by Section
448	446		171.208 and may not be enforced by the commission.
449	447		SECTION 7. Subchapter A, Chapter 171, Health and Safety
450	448		Code, is amended by adding Section 171.008 to read as follows:
451	449		Sec. 171.008. REQUIRED DOCUMENTATION. (a) If an abortion
452	450		is performed or induced on a pregnant woman because of a medical
453	451		emergency, the physician who performs or induces the abortion shall
454	452		execute a written document that certifies the abortion is necessary
455	453		due to a medical emergency and specifies the woman's medical
456	454		condition requiring the abortion.
457	455		(b) A physician shall:
458	456		(1) place the document described by Subsection (a) in
459	457		the pregnant woman's medical record; and
460	458		(2) maintain a copy of the document described by
461	459		Subsection (a) in the physician's practice records.
462	460		(c) A physician who performs or induces an abortion on a
463	461		pregnant woman shall:
464	462		(1) if the abortion is performed or induced to
465	463		preserve the health of the pregnant woman, execute a written
466	464		document that:
467	465		(A) specifies the medical condition the abortion
468	466		is asserted to address; and
469	467		(B) provides the medical rationale for the
470	468		physician's conclusion that the abortion is necessary to address
471	469		the medical condition; or
472	470		(2) for an abortion other than an abortion described
473	471		by Subdivision (1), specify in a written document that maternal
474	472		health is not a purpose of the abortion.
475	473		(d) The physician shall maintain a copy of a document
476	474		described by Subsection (c) in the physician's practice records.
477	475		SECTION 8. Section 171.012(a), Health and Safety Code, is
478	476		amended to read as follows:
479	477		(a) Consent to an abortion is voluntary and informed only
480	478		if:
481	479		(1) the physician who is to perform or induce the
482	480		abortion informs the pregnant woman on whom the abortion is to be
483	481		performed or induced of:
484	482		(A) the physician's name;
485	483		(B) the particular medical risks associated with
486	484		the particular abortion procedure to be employed, including, when
487	485		medically accurate:
488	486		(i) the risks of infection and hemorrhage;
489	487		(ii) the potential danger to a subsequent
490	488		pregnancy and of infertility; and
491	489		(iii) the possibility of increased risk of
492	490		breast cancer following an induced abortion and the natural
493	491		protective effect of a completed pregnancy in avoiding breast
494	492		cancer;
495	493		(C) the probable gestational age of the unborn
496	494		child at the time the abortion is to be performed or induced; and
497	495		(D) the medical risks associated with carrying
498	496		the child to term;
499	497		(2) the physician who is to perform or induce the
500	498		abortion or the physician's agent informs the pregnant woman that:
501	499		(A) medical assistance benefits may be available
502	500		for prenatal care, childbirth, and neonatal care;
503	501		(B) the father is liable for assistance in the
504	502		support of the child without regard to whether the father has
505	503		offered to pay for the abortion; and
506	504		(C) public and private agencies provide
507	505		pregnancy prevention counseling and medical referrals for
508	506		obtaining pregnancy prevention medications or devices, including
509	507		emergency contraception for victims of rape or incest;
510	508		(3) the physician who is to perform or induce the
511	509		abortion or the physician's agent:
512	510		(A) provides the pregnant woman with the printed
513	511		materials described by Section 171.014; and
514	512		(B) informs the pregnant woman that those
515	513		materials:
516	514		(i) have been provided by the commission
517	515		[Department of State Health Services];
518	516		(ii) are accessible on an Internet website
519	517		sponsored by the commission [department];
520	518		(iii) describe the unborn child and list
521	519		agencies that offer alternatives to abortion; and
522	520		(iv) include a list of agencies that offer
523	521		sonogram services at no cost to the pregnant woman;
524	522		(4) before any sedative or anesthesia is administered
525	523		to the pregnant woman and at least 24 hours before the abortion or
526	524		at least two hours before the abortion if the pregnant woman waives
527	525		this requirement by certifying that she currently lives 100 miles
528	526		or more from the nearest abortion provider that is a facility
529	527		licensed under Chapter 245 or a facility that performs more than 50
530	528		abortions in any 12-month period:
531	529		(A) the physician who is to perform or induce the
532	530		abortion or an agent of the physician who is also a sonographer
533	531		certified by a national registry of medical sonographers performs a
534	532		sonogram on the pregnant woman on whom the abortion is to be
535	533		performed or induced;
536	534		(B) the physician who is to perform or induce the
537	535		abortion displays the sonogram images in a quality consistent with
538	536		current medical practice in a manner that the pregnant woman may
539	537		view them;
540	538		(C) the physician who is to perform or induce the
541	539		abortion provides, in a manner understandable to a layperson, a
542	540		verbal explanation of the results of the sonogram images, including
543	541		a medical description of the dimensions of the embryo or fetus, the
544	542		presence of cardiac activity, and the presence of external members
545	543		and internal organs; and
546	544		(D) the physician who is to perform or induce the
547	545		abortion or an agent of the physician who is also a sonographer
548	546		certified by a national registry of medical sonographers makes
549	547		audible the heart auscultation for the pregnant woman to hear, if
550	548		present, in a quality consistent with current medical practice and
551	549		provides, in a manner understandable to a layperson, a simultaneous
552	550		verbal explanation of the heart auscultation;
553	551		(5) before receiving a sonogram under Subdivision
554	552		(4)(A) and before the abortion is performed or induced and before
555	553		any sedative or anesthesia is administered, the pregnant woman
556	554		completes and certifies with her signature an election form that
557	555		states as follows:
558	556		"ABORTION AND SONOGRAM ELECTION
559	557		(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY
560	558		SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN
561	559		PROVIDED AND EXPLAINED TO ME.
562	560		(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN
563	561		ABORTION.
564	562		(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR
565	563		TO RECEIVING AN ABORTION.
566	564		(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE
567	565		SONOGRAM IMAGES.
568	566		(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE
569	567		HEARTBEAT.
570	568		(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN
571	569		EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO
572	570		ONE OF THE FOLLOWING:
573	571		___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT,
574	572		INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN
575	573		REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN
576	574		REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT
577	575		RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
578	576		___ I AM A MINOR AND OBTAINING AN ABORTION IN ACCORDANCE
579	577		WITH JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS FAMILY
580	578		CODE.
581	579		___ MY UNBORN CHILD [FETUS] HAS AN IRREVERSIBLE MEDICAL
582	580		CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC
583	581		PROCEDURES AND DOCUMENTED IN MY MEDICAL FILE.
584	582		(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND
585	583		WITHOUT COERCION.
586	584		(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE
587	585		NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER
588	586		245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE
589	587		THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
590	588		I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR
591	589		MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED
592	590		UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS
593	591		IN ANY 12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS
594	592		AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE ABORTION
595	593		PROCEDURE. MY PLACE OF RESIDENCE IS:__________.
596	594		________________________________________
597	595		SIGNATURE DATE";
598	596		(6) before the abortion is performed or induced, the
599	597		physician who is to perform or induce the abortion receives a copy
600	598		of the signed, written certification required by Subdivision (5);
601	599		and
602	600		(7) the pregnant woman is provided the name of each
603	601		person who provides or explains the information required under this
604	602		subsection.
605	603		SECTION 9. Section 245.011(c), Health and Safety Code, is
606	604		amended to read as follows:
607	605		(c) The report must include:
608	606		(1) whether the abortion facility at which the
609	607		abortion is performed is licensed under this chapter;
610	608		(2) the patient's year of birth, race, marital status,
611	609		and state and county of residence;
612	610		(3) the type of abortion procedure;
613	611		(4) the date the abortion was performed;
614	612		(5) whether the patient survived the abortion, and if
615	613		the patient did not survive, the cause of death;
616	614		(6) the probable post-fertilization age of the unborn
617	615		child based on the best medical judgment of the attending physician
618	616		at the time of the procedure;
619	617		(7) the date, if known, of the patient's last menstrual
620	618		cycle;
621	619		(8) the number of previous live births of the patient;
622	620		[and]
623	621		(9) the number of previous induced abortions of the
624	622		patient;
625	623		(10) whether the abortion was performed or induced
626	624		because of a medical emergency and any medical condition of the
627	625		pregnant woman that required the abortion; and
628	626		(11) the information required under Sections
629	627		171.008(a) and (c).
630	628		SECTION 10. Every provision in this Act and every
631	629		application of the provision in this Act are severable from each
632	630		other. If any provision or application of any provision in this Act
633	631		to any person, group of persons, or circumstance is held by a court
634	632		to be invalid, the invalidity does not affect the other provisions
635	633		or applications of this Act.
636	634		SECTION 11. The change in law made by this Act applies only
637	635		to an abortion performed or induced on or after the effective date
638	636		of this Act.
639	637		SECTION 12. This Act takes effect September 1, 2021.
640		-	______________________________ ______________________________
641		-	President of the Senate Speaker of the House
642		-	I hereby certify that S.B. No. 8 passed the Senate on
643		-	March 30, 2021, by the following vote: Yeas 19, Nays 12; and that
644		-	the Senate concurred in House amendments on May 13, 2021, by the
645		-	following vote: Yeas 18, Nays 12.
646		-	______________________________
647		-	Secretary of the Senate
648		-	I hereby certify that S.B. No. 8 passed the House, with
649		-	amendments, on May 6, 2021, by the following vote: Yeas 83,
650		-	Nays 64, one present not voting.
651		-	______________________________
652		-	Chief Clerk of the House
653		-	Approved:
654		-	______________________________
655		-	Date
656		-	______________________________
657		-	Governor