Texas 2021 - 87th Regular

Texas Senate Bill SB9 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Paxton, et al. S.B. No. 9
	2	+	(In the Senate - Filed March 1, 2021; March 3, 2021, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	March 18, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 2; March 18, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 9 By: Nelson
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to prohibition of abortion; providing a civil penalty;
7	14		creating a criminal offense.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. This Act may be cited as the Human Life
10	17		Protection Act of 2021.
11	18		SECTION 2. Subtitle H, Title 2, Health and Safety Code, is
12	19		amended by adding Chapter 170A to read as follows:
13	20		CHAPTER 170A. PERFORMANCE OF ABORTION
14	21		Sec. 170A.001. DEFINITIONS. In this chapter:
15	22		(1) "Abortion" has the meaning assigned by Section
16	23		245.002.
17	24		(2) "Fertilization" means the point in time when a
18	25		male human sperm penetrates the zona pellucida of a female human
19	26		ovum.
20	27		(3) "Pregnant" means the female human reproductive
21	28		condition of having a living unborn child within the female's body
22	29		during the entire embryonic and fetal stages of the unborn child's
23	30		development from fertilization until birth.
24	31		(4) "Reasonable medical judgment" means a medical
25	32		judgment made by a reasonably prudent physician, knowledgeable
26	33		about a case and the treatment possibilities for the medical
27	34		conditions involved.
28	35		(5) "Unborn child" means an individual living member
29	36		of the homo sapiens species from fertilization until birth,
30	37		including the entire embryonic and fetal stages of development.
31	38		Sec. 170A.002. PROHIBITED ABORTION; EXCEPTIONS. (a) A
32	39		person may not knowingly perform, induce, or attempt an abortion.
33	40		(b) The prohibition under Subsection (a) does not apply if:
34	41		(1) the person performing, inducing, or attempting the
35	42		abortion is a licensed physician;
36	43		(2) in the exercise of reasonable medical judgment,
37	44		the pregnant female on whom the abortion is performed, induced, or
38	45		attempted has a life-threatening physical condition aggravated by,
39	46		caused by, or arising from a pregnancy that places the female at
40	47		risk of death or poses a serious risk of substantial impairment of a
41	48		major bodily function unless the abortion is performed or induced;
42	49		and
43	50		(3) the person performs, induces, or attempts the
44	51		abortion in a manner that, in the exercise of reasonable medical
45	52		judgment, provides the best opportunity for the unborn child to
46	53		survive unless, in the reasonable medical judgment, that manner
47	54		would create:
48	55		(A) a greater risk of the pregnant female's
49	56		death; or
50	57		(B) a serious risk of substantial impairment of a
51	58		major bodily function of the pregnant female.
52	59		(c) A physician may not take an action authorized under
53	60		Subsection (b) if, at the time the abortion was performed, induced,
54	61		or attempted, the person knew the risk of death or a substantial
55	62		impairment of a major bodily function described by Subsection
56	63		(b)(2) arose from a claim or diagnosis that the female would engage
57	64		in conduct that might result in the female's death or in substantial
58	65		impairment of a major bodily function.
59	66		(d) Medical treatment provided to the pregnant female by a
60	67		licensed physician that results in the accidental or unintentional
61	68		injury or death of the unborn child does not constitute a violation
62	69		of this section.
63	70		Sec. 170A.003. CONSTRUCTION OF CHAPTER. This chapter may
64	71		not be construed to authorize the imposition of criminal, civil, or
65	72		administrative liability or penalties on a pregnant female on whom
66	73		an abortion is performed, induced, or attempted.
67	74		Sec. 170A.004. CRIMINAL OFFENSE. (a) A person who
68	75		violates Section 170A.002 commits an offense.
69	76		(b) An offense under this section is a felony of the second
70	77		degree, except that the offense is a felony of the first degree if
71	78		an unborn child dies as a result of the offense.
72	79		Sec. 170A.005. CIVIL PENALTY. A person who violates
73	80		Section 170A.002 is subject to a civil penalty of not less than
74	81		$100,000 for each violation. The attorney general shall file an
75	82		action to recover a civil penalty assessed under this section and
76	83		may recover attorney's fees and costs incurred in bringing the
77	84		action.
78	85		Sec. 170A.006. CIVIL REMEDIES UNAFFECTED. The fact that
79	86		conduct is subject to a civil or criminal penalty under this chapter
80	87		does not abolish or impair any remedy for the conduct that is
81	88		available in a civil suit.
82	89		Sec. 170A.007. DISCIPLINARY ACTION. In addition to any
83	90		other penalty that may be imposed under this chapter, the
84	91		appropriate licensing authority shall revoke the license, permit,
85	92		registration, certificate, or other authority of a physician or
86	93		other health care professional who performs, induces, or attempts
87	94		an abortion in violation of Section 170A.002.
88	95		SECTION 3. Section 2 of this Act takes effect, to the extent
89	96		permitted, on the 30th day after:
90	97		(1) the issuance of a United States Supreme Court
91	98		judgment in a decision overruling, wholly or partly, Roe v. Wade,
92	99		410 U.S. 113 (1973), as modified by Planned Parenthood v. Casey, 505
93	100		U.S. 833 (1992), thereby allowing the states of the United States to
94	101		prohibit abortion;
95	102		(2) the issuance of any other United States Supreme
96	103		Court judgment in a decision that recognizes, wholly or partly, the
97	104		authority of the states to prohibit abortion; or
98	105		(3) adoption of an amendment to the United States
99	106		Constitution that, wholly or partly, restores to the states the
100	107		authority to prohibit abortion.
101		-	SECTION 4. The legislature finds that the State of Texas
102		-	never repealed, either expressly or by implication, the state
103		-	statutes enacted before the ruling in Roe v. Wade, 410 U.S. 113
104		-	(1973), that prohibit and criminalize abortion unless the mother's
105		-	life is in danger.
106		-	SECTION 5. The provisions of this Act are hereby declared
	108	+	SECTION 4. The provisions of this Act are hereby declared
107	109		severable, and if any provision of this Act or the application of
108	110		such provision to any person or circumstance is declared invalid
109	111		for any reason, such declaration shall not affect the validity of
110	112		the remaining portions of this Act.
111		-	SECTION 6. This Act takes effect September 1, 2021.
	113	+	SECTION 5. This Act takes effect September 1, 2021.
	114	+	* * * * *