By: Paxton, et al. S.B. No. 9
A BILL TO BE ENTITLED
AN ACT
relating to prohibition of abortion; providing a civil penalty;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Human Life
Protection Act of 2021.
SECTION 2. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 170A to read as follows:
CHAPTER 170A. PERFORMANCE OF ABORTION
Sec. 170A.001. DEFINITIONS. In this chapter:
(1) "Abortion" has the meaning assigned by Section
245.002.
(2) "Fertilization" means the point in time when a
male human sperm penetrates the zona pellucida of a female human
ovum.
(3) "Pregnant" means the female human reproductive
condition of having a living unborn child within the female's body
during the entire embryonic and fetal stages of the unborn child's
development from fertilization until birth.
(4) "Reasonable medical judgment" means a medical
judgment made by a reasonably prudent physician, knowledgeable
about a case and the treatment possibilities for the medical
conditions involved.
(5) "Unborn child" means an individual living member
of the homo sapiens species from fertilization until birth,
including the entire embryonic and fetal stages of development.
Sec. 170A.002. PROHIBITED ABORTION; EXCEPTIONS. (a) A
person may not knowingly perform, induce, or attempt an abortion.
(b) The prohibition under Subsection (a) does not apply if:
(1) the person performing, inducing, or attempting the
abortion is a licensed physician;
(2) in the exercise of reasonable medical judgment,
the pregnant female on whom the abortion is performed, induced, or
attempted has a life-threatening physical condition aggravated by,
caused by, or arising from a pregnancy that places the female at
risk of death or poses a serious risk of substantial impairment of a
major bodily function unless the abortion is performed or induced;
and
(3) the person performs, induces, or attempts the
abortion in a manner that, in the exercise of reasonable medical
judgment, provides the best opportunity for the unborn child to
survive unless, in the reasonable medical judgment, that manner
would create:
(A) a greater risk of the pregnant female's
death; or
(B) a serious risk of substantial impairment of a
major bodily function of the pregnant female.
(c) A physician may not take an action authorized under
Subsection (b) if, at the time the abortion was performed, induced,
or attempted, the person knew the risk of death or a substantial
impairment of a major bodily function described by Subsection
(b)(2) arose from a claim or diagnosis that the female would engage
in conduct that might result in the female's death or in substantial
impairment of a major bodily function.
(d) Medical treatment provided to the pregnant female by a
licensed physician that results in the accidental or unintentional
injury or death of the unborn child does not constitute a violation
of this section.
Sec. 170A.003. CONSTRUCTION OF CHAPTER. This chapter may
not be construed to authorize the imposition of criminal, civil, or
administrative liability or penalties on a pregnant female on whom
an abortion is performed, induced, or attempted.
Sec. 170A.004. CRIMINAL OFFENSE. (a) A person who
violates Section 170A.002 commits an offense.
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
an unborn child dies as a result of the offense.
Sec. 170A.005. CIVIL PENALTY. A person who violates
Section 170A.002 is subject to a civil penalty of not less than
$100,000 for each violation. The attorney general shall file an
action to recover a civil penalty assessed under this section and
may recover attorney's fees and costs incurred in bringing the
action.
Sec. 170A.006. CIVIL REMEDIES UNAFFECTED. The fact that
conduct is subject to a civil or criminal penalty under this chapter
does not abolish or impair any remedy for the conduct that is
available in a civil suit.
Sec. 170A.007. DISCIPLINARY ACTION. In addition to any
other penalty that may be imposed under this chapter, the
appropriate licensing authority shall revoke the license, permit,
registration, certificate, or other authority of a physician or
other health care professional who performs, induces, or attempts
an abortion in violation of Section 170A.002.
SECTION 3. Section 2 of this Act takes effect, to the extent
permitted, on the 30th day after:
(1) the issuance of a United States Supreme Court
judgment in a decision overruling, wholly or partly, Roe v. Wade,
410 U.S. 113 (1973), as modified by Planned Parenthood v. Casey, 505
U.S. 833 (1992), thereby allowing the states of the United States to
prohibit abortion;
(2) the issuance of any other United States Supreme
Court judgment in a decision that recognizes, wholly or partly, the
authority of the states to prohibit abortion; or
(3) adoption of an amendment to the United States
Constitution that, wholly or partly, restores to the states the
authority to prohibit abortion.
SECTION 4. The legislature finds that the State of Texas
never repealed, either expressly or by implication, the state
statutes enacted before the ruling in Roe v. Wade, 410 U.S. 113
(1973), that prohibit and criminalize abortion unless the mother's
life is in danger.
SECTION 5. The provisions of this Act are hereby declared
severable, and if any provision of this Act or the application of
such provision to any person or circumstance is declared invalid
for any reason, such declaration shall not affect the validity of
the remaining portions of this Act.
SECTION 6. This Act takes effect September 1, 2021.