Texas 2021 - 87th 2nd C.S.

Texas House Bill HB101 Compare Versions

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

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1	1	By: Slaton H.B. No. 101
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibiting abortion and protecting the rights of an
7	7	unborn child and to criminal liability for, justification for, and
8	8	defenses to prohibited conduct.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Abolition of
11	11	Abortion through Equal Protection for All Unborn Children Act.
12	12	SECTION 2. Acting on Section 1, Article I, Texas
13	13	Constitution, which provides that "Texas is a free and independent
14	14	State, subject only to the Constitution of the United States," and
15	15	acknowledging the sanctity of innocent human life created in the
16	16	image of God, which should be equally protected from fertilization
17	17	to natural death, the purpose of this Act is:
18	18	(1) to ensure the right to life and equal protection of
19	19	the laws to all unborn children from the moment of fertilization;
20	20	(2) to establish that a living human unborn child,
21	21	from the moment of fertilization and at every stage of development,
22	22	is entitled to the same rights, powers, and privileges as are
23	23	secured or granted by the laws of this state to any other human
24	24	person;
25	25	(3) to rescind all licenses to kill unborn children by
26	26	repealing discriminatory provisions;
27	27	(4) to equally apply the law to all persons, including
28	28	legal defenses, immunities, and justifications, such as duress,
29	29	necessity, and mistake of fact;
30	30	(5) to recognize that the United States Constitution
31	31	and the laws of the United States enacted in pursuance of that
32	32	constitution are the supreme law of the land;
33	33	(6) as legislators, to fulfill our oaths of office to
34	34	the United States Constitution, so help us God, by disavowing the
35	35	legal fiction that the constitution prohibits this state from
36	36	exercising its reserved police powers to prohibit and criminalize
37	37	homicide and from exercising its constitutional and God-given
38	38	duties to provide equal protection to all persons within its
39	39	jurisdiction;
40	40	(7) to follow Justice Thomas's statement in June
41	41	Medical Services, L.L.C. v. Russo, 140 S. Ct. 2103 (2020) that
42	42	"[t]he constitution does not constrain the States' ability to
43	43	regulate or even prohibit abortion"; and
44	44	(8) to therefore treat as void and of no effect any and
45	45	all federal statutes, regulations, treaties, orders, and court
46	46	rulings that would deprive an unborn child of the right to life or
47	47	prohibit the equal protection of that right.
48	48	SECTION 3. The heading to Section 151.002, Family Code, is
49	49	amended to read as follows:
50	50	Sec. 151.002. RIGHTS OF A LIVING CHILD [AFTER AN ABORTION OR
51	51	PREMATURE BIRTH; CIVIL PENALTY; CRIMINAL OFFENSE].
52	52	SECTION 4. Section 151.002(a), Family Code, is amended to
53	53	read as follows:
54	54	(a) A living human child, from the moment of fertilization
55	55	on fusion of a human spermatozoon with a human ovum, [born alive
56	56	after an abortion or premature birth] is entitled to the same
57	57	rights, powers, and privileges as are secured or granted by the laws
58	58	of this state to any other human child [born alive after the normal
59	59	gestation period].
60	60	SECTION 5. Subchapter B, Chapter 402, Government Code, is
61	61	amended by adding Section 402.0375 to read as follows:
62	62	Sec. 402.0375. ABORTION PROHIBITION ENFORCEMENT. The
63	63	attorney general shall monitor this state's enforcement of Chapters
64	64	19 and 22, Penal Code, in relation to abortion. The attorney general
65	65	shall direct a state agency to enforce those laws, regardless of any
66	66	contrary federal statute, regulation, treaty, order, or court
67	67	decision.
68	68	SECTION 6. The heading to Chapter 370, Local Government
69	69	Code, is amended to read as follows:
70	70	CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
71	71	COUNTY] HEALTH AND PUBLIC SAFETY FOR MORE THAN ONE TYPE OF LOCAL
72	72	GOVERNMENT
73	73	SECTION 7. Chapter 370, Local Government Code, is amended
74	74	by adding Section 370.007 to read as follows:
75	75	Sec. 370.007. ABORTION PROHIBITION ENFORCEMENT. The
76	76	governing body of a political subdivision of this state shall
77	77	ensure that the political subdivision enforces Chapters 19 and 22,
78	78	Penal Code, in relation to abortion, regardless of any contrary
79	79	federal statute, regulation, treaty, order, or court decision.
80	80	SECTION 8. Section 7.02(a), Penal Code, is amended to read
81	81	as follows:
82	82	(a) A person is criminally responsible for an offense
83	83	committed by the conduct of another if:
84	84	(1) acting with the kind of culpability required for
85	85	the offense, the actor [he] causes or aids an innocent or
86	86	nonresponsible person to engage in conduct prohibited by the
87	87	definition of the offense;
88	88	(2) acting with intent to promote or assist the
89	89	commission of the offense, the actor [he] solicits, encourages,
90	90	directs, aids, or attempts to aid the other person to commit the
91	91	offense; or
92	92	(3) having a legal duty to prevent commission of the
93	93	offense and acting with intent to promote or assist its commission,
94	94	the actor [he] fails to make a reasonable effort to prevent
95	95	commission of the offense.
96	96	SECTION 9. Section 8.02, Penal Code, is amended to read as
97	97	follows:
98	98	Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to
99	99	prosecution that the actor through mistake formed a reasonable
100	100	belief about a matter of fact if the actor's [his] mistaken belief
101	101	negated the kind of culpability required for commission of the
102	102	offense.
103	103	(b) Although an actor's mistake of fact may constitute a
104	104	defense to the offense charged, the actor [he] may nevertheless be
105	105	convicted of any lesser included offense of which the actor [he]
106	106	would be guilty if the fact were as the actor [he] believed.
107	107	SECTION 10. Sections 8.05(a), (b), (d), and (e), Penal
108	108	Code, are amended to read as follows:
109	109	(a) It is an affirmative defense to prosecution that the
110	110	actor engaged in the proscribed conduct because the actor [he] was
111	111	compelled to do so by threat of imminent death or serious bodily
112	112	injury to the actor [himself] or another person.
113	113	(b) In a prosecution for an offense that does not constitute
114	114	a felony, it is an affirmative defense to prosecution that the actor
115	115	engaged in the proscribed conduct because the actor [he] was
116	116	compelled to do so by force or threat of force.
117	117	(d) The defense provided by this section is unavailable if
118	118	the actor intentionally, knowingly, or recklessly placed the actor
119	119	[himself] in a situation in which it was probable that the actor
120	120	[he] would be subjected to compulsion.
121	121	(e) It is no defense that a person acted at the command or
122	122	persuasion of the actor's [his] spouse, unless the actor [he] acted
123	123	under compulsion that would establish a defense under this section.
124	124	SECTION 11. Section 9.22, Penal Code, is amended to read as
125	125	follows:
126	126	Sec. 9.22. NECESSITY. (a) Conduct is justified if:
127	127	(1) the actor reasonably believes the conduct is
128	128	immediately necessary to avoid imminent harm;
129	129	(2) the desirability and urgency of avoiding the harm
130	130	clearly outweigh, according to ordinary standards of
131	131	reasonableness, the harm sought to be prevented by the law
132	132	proscribing the conduct; and
133	133	(3) a legislative purpose to exclude the justification
134	134	claimed for the conduct does not otherwise plainly appear.
135	135	(b) Conduct is justified if the conduct charged is a lawful
136	136	medical procedure performed by a physician or other licensed health
137	137	care provider and intended to remove an ectopic pregnancy that
138	138	seriously threatens the life of the mother when a reasonable
139	139	alternative to save the lives of both the mother and the unborn
140	140	child is unavailable.
141	141	SECTION 12. Chapter 19, Penal Code, is amended by adding
142	142	Section 19.07 to read as follows:
143	143	Sec. 19.07. TESTIMONIAL IMMUNITY FOR OFFENSES INVOLVING
144	144	DEATH OF UNBORN CHILD. (a) This section applies only to an offense
145	145	under this chapter involving the death of an unborn child.
146	146	(b) A party to an offense to which this section applies may
147	147	be required to provide evidence or testify about the offense.
148	148	(c) A party to an offense to which this section applies may
149	149	not be prosecuted for any offense about which the party is required
150	150	to provide evidence or testify, and the evidence and testimony may
151	151	not be used against the party in any adjudicatory proceeding except
152	152	a prosecution for aggravated perjury. For purposes of this
153	153	subsection, "adjudicatory proceeding" means a proceeding before a
154	154	court or any other agency of government in which the legal rights,
155	155	powers, duties, or privileges of specified parties are determined.
156	156	SECTION 13. Chapter 22, Penal Code, is amended by adding
157	157	Section 22.13 to read as follows:
158	158	Sec. 22.13. TESTIMONIAL IMMUNITY FOR OFFENSES INVOLVING
159	159	INJURY TO UNBORN CHILD. (a) This section applies only to an offense
160	160	under this chapter involving bodily injury to an unborn child.
161	161	(b) A party to an offense to which this section applies may
162	162	be required to provide evidence or testify about the offense.
163	163	(c) A party to an offense to which this section applies may
164	164	not be prosecuted for any offense about which the party is required
165	165	to provide evidence or testify, and the evidence and testimony may
166	166	not be used against the party in any adjudicatory proceeding except
167	167	a prosecution for aggravated perjury. For purposes of this
168	168	subsection, "adjudicatory proceeding" means a proceeding before a
169	169	court or any other agency of government in which the legal rights,
170	170	powers, duties, or privileges of specified parties are determined.
171	171	SECTION 14. Section 38.063(e-1), Education Code, is amended
172	172	to read as follows:
173	173	(e-1) A grant under this section may not be given to a
174	174	nonprofit organization that offers reproductive services,
175	175	contraceptive services, counseling, or referrals, or abortion [any
176	176	other] services [that require a license under Chapter 245, Health
177	177	and Safety Code,] or that is affiliated with a nonprofit
178	178	organization that is an abortion provider [licensed under Chapter
179	179	245, Health and Safety Code].
180	180	SECTION 15. Section 161.006(b), Family Code, is amended to
181	181	read as follows:
182	182	(b) In this code, "abortion" means the act of using or
183	183	prescribing an instrument, a drug, a medicine, or any other
184	184	substance, device, or means with the intent to cause the death of an
185	185	unborn child of a woman known to be pregnant. The term does not
186	186	include birth control devices or oral contraceptives. An act is not
187	187	an abortion if the act is done with the intent to:
188	188	(1) save the life or preserve the health of an unborn
189	189	child;
190	190	(2) remove a dead, unborn child whose death was caused
191	191	by spontaneous abortion; or
192	192	(3) remove an ectopic pregnancy that seriously
193	193	threatens the life of the mother when a reasonable alternative to
194	194	save the lives of both the mother and the unborn child is
195	195	unavailable [has the meaning assigned by Section 245.002, Health
196	196	and Safety Code].
197	197	SECTION 16. Section 266.010(a), Family Code, is amended to
198	198	read as follows:
199	199	(a) A foster child who is at least 16 years of age may
200	200	consent to the provision of medical care[, except as provided by
201	201	Chapter 33,] if the court with continuing jurisdiction determines
202	202	that the child has the capacity to consent to medical care. If the
203	203	child provides consent by signing a consent form, the form must be
204	204	written in language the child can understand.
205	205	SECTION 17. Section 501.065, Government Code, is amended to
206	206	read as follows:
207	207	Sec. 501.065. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL,
208	208	AND SURGICAL TREATMENT. An inmate who is younger than 18 years of
209	209	age and is confined in a facility operated by or under contract with
210	210	the department may, in accordance with procedures established by
211	211	the department, consent to medical, dental, psychological, and
212	212	surgical treatment for the inmate by a licensed health care
213	213	practitioner, or a person under the direction of a licensed health
214	214	care practitioner[, unless the treatment would constitute a
215	215	prohibited practice under Section 164.052(a)(19), Occupations
216	216	Code].
217	217	SECTION 18. Sections 2272.001(1) and (2), Government Code,
218	218	as added by Chapter 501 (S.B. 22), Acts of the 86th Legislature,
219	219	Regular Session, 2019, are amended to read as follows:
220	220	(1) "Abortion" means the act of using or prescribing
221	221	an instrument, a drug, a medicine, or any other substance, device,
222	222	or means with the intent to cause the death of an unborn child of a
223	223	woman known to be pregnant. The term does not include birth control
224	224	devices or oral contraceptives. An act is not an abortion if the act
225	225	is done with the intent to:
226	226	(A) save the life or preserve the health of an
227	227	unborn child;
228	228	(B) remove a dead, unborn child whose death was
229	229	caused by spontaneous abortion; or
230	230	(C) remove an ectopic pregnancy that seriously
231	231	threatens the life of the mother when a reasonable alternative to
232	232	save the lives of both the mother and the unborn child is
233	233	unavailable [has the meaning assigned by Section 245.002, Health
234	234	and Safety Code].
235	235	(2) "Abortion provider" means a person who performs or
236	236	induces an abortion [:
237	237	[(A) a facility licensed under Chapter 245,
238	238	Health and Safety Code; or
239	239	[(B) an ambulatory surgical center licensed
240	240	under Chapter 243, Health and Safety Code, that is used to perform
241	241	more than 50 abortions in any 12-month period].
242	242	SECTION 19. Section 32.046(e), Health and Safety Code, is
243	243	amended to read as follows:
244	244	(e) For purposes of this section, "postpartum depression"
245	245	means a disorder in which a woman experiences moderate to severe
246	246	depression following a pregnancy[, regardless of whether the
247	247	pregnancy resulted in birth, or an act defined by Section
248	248	245.002(1)].
249	249	SECTION 20. Section 248.003, Health and Safety Code, is
250	250	amended to read as follows:
251	251	Sec. 248.003. EXEMPTIONS. This chapter does not apply to:
252	252	(1) a home and community support services agency
253	253	required to be licensed under Chapter 142;
254	254	(2) a person required to be licensed under Chapter 241
255	255	(Texas Hospital Licensing Law);
256	256	(3) an institution required to be licensed under
257	257	Chapter 242;
258	258	(4) an ambulatory surgical center required to be
259	259	licensed under Chapter 243 (Texas Ambulatory Surgical Center
260	260	Licensing Act);
261	261	(5) a birthing center required to be licensed under
262	262	Chapter 244 (Texas Birthing Center Licensing Act);
263	263	(6) [a facility required to be licensed under Chapter
264	264	245 (Texas Abortion Facility Reporting and Licensing Act);
265	265	[(7)] a general residential operation, foster group
266	266	home, foster home, and child-placing agency, for children in foster
267	267	care or other residential care who are under the conservatorship of
268	268	the Department of Family and Protective Services; or
269	269	(7) [(8)] a person providing medical or nursing care
270	270	or services under a license or permit issued under other state law.
271	271	SECTION 21. The heading to Chapter 1218, Insurance Code, is
272	272	amended to read as follows:
273	273	CHAPTER 1218. COVERAGE FOR [ELECTIVE] ABORTION PROHIBITED[;
274	274	PROHIBITIONS AND REQUIREMENTS]
275	275	SECTION 22. Section 1218.001, Insurance Code, is amended to
276	276	read as follows:
277	277	Sec. 1218.001. DEFINITION. In this chapter, "abortion"
278	278	means the act of using or prescribing an instrument, a drug, a
279	279	medicine, or any other substance, device, or means with the intent
280	280	to cause the death of an unborn child of a woman known to be
281	281	pregnant. The term does not include birth control devices or oral
282	282	contraceptives. An act is not an abortion if the act is done with
283	283	the intent to:
284	284	(1) save the life or preserve the health of an unborn
285	285	child;
286	286	(2) remove a dead, unborn child whose death was caused
287	287	by spontaneous abortion; or
288	288	(3) remove an ectopic pregnancy that seriously
289	289	threatens the life of the mother when a reasonable alternative to
290	290	save the lives of both the mother and the unborn child is
291	291	unavailable ["elective abortion" means an abortion, as defined by
292	292	Section 245.002, Health and Safety Code, other than an abortion
293	293	performed due to a medical emergency as defined by Section 171.002,
294	294	Health and Safety Code].
295	295	SECTION 23. Section 1218.004, Insurance Code, is amended to
296	296	read as follows:
297	297	Sec. 1218.004. COVERAGE BY HEALTH BENEFIT PLAN. A health
298	298	benefit plan may not provide coverage for [elective] abortion [only
299	299	if:
300	300	[(1) the coverage is provided to an enrollee
301	301	separately from other health benefit plan coverage offered by the
302	302	health benefit plan issuer;
303	303	[(2) the enrollee pays the premium for coverage for
304	304	elective abortion separately from, and in addition to, the premium
305	305	for other health benefit plan coverage, if any; and
306	306	[(3) the enrollee provides a signature for coverage
307	307	for elective abortion, separately and distinct from the signature
308	308	required for other health benefit plan coverage, if any, provided
309	309	to the enrollee by the health benefit plan issuer].
310	310	SECTION 24. The heading to Chapter 1696, Insurance Code, is
311	311	amended to read as follows:
312	312	CHAPTER 1696. COVERAGE FOR [ELECTIVE] ABORTION; PROHIBITIONS AND
313	313	REQUIREMENTS
314	314	SECTION 25. Section 1696.001(1), Insurance Code, is amended
315	315	to read as follows:
316	316	(1) "Abortion" has the meaning assigned by Section
317	317	1218.001 ["Elective abortion" means an abortion, as defined by
318	318	Section 245.002, Health and Safety Code, other than an abortion
319	319	performed due to a medical emergency as defined by Section 171.002,
320	320	Health and Safety Code].
321	321	SECTION 26. Section 1696.002(a), Insurance Code, is amended
322	322	to read as follows:
323	323	(a) A qualified health plan offered through a health benefit
324	324	exchange may not provide coverage for [elective] abortion.
325	325	SECTION 27. Section 164.052(a), Occupations Code, is
326	326	amended to read as follows:
327	327	(a) A physician or an applicant for a license to practice
328	328	medicine commits a prohibited practice if that person:
329	329	(1) submits to the board a false or misleading
330	330	statement, document, or certificate in an application for a
331	331	license;
332	332	(2) presents to the board a license, certificate, or
333	333	diploma that was illegally or fraudulently obtained;
334	334	(3) commits fraud or deception in taking or passing an
335	335	examination;
336	336	(4) uses alcohol or drugs in an intemperate manner
337	337	that, in the board's opinion, could endanger a patient's life;
338	338	(5) commits unprofessional or dishonorable conduct
339	339	that is likely to deceive or defraud the public, as provided by
340	340	Section 164.053, or injure the public;
341	341	(6) uses an advertising statement that is false,
342	342	misleading, or deceptive;
343	343	(7) advertises professional superiority or the
344	344	performance of professional service in a superior manner if that
345	345	advertising is not readily subject to verification;
346	346	(8) purchases, sells, barters, or uses, or offers to
347	347	purchase, sell, barter, or use, a medical degree, license,
348	348	certificate, or diploma, or a transcript of a license, certificate,
349	349	or diploma in or incident to an application to the board for a
350	350	license to practice medicine;
351	351	(9) alters, with fraudulent intent, a medical license,
352	352	certificate, or diploma, or a transcript of a medical license,
353	353	certificate, or diploma;
354	354	(10) uses a medical license, certificate, or diploma,
355	355	or a transcript of a medical license, certificate, or diploma that
356	356	has been:
357	357	(A) fraudulently purchased or issued;
358	358	(B) counterfeited; or
359	359	(C) materially altered;
360	360	(11) impersonates or acts as proxy for another person
361	361	in an examination required by this subtitle for a medical license;
362	362	(12) engages in conduct that subverts or attempts to
363	363	subvert an examination process required by this subtitle for a
364	364	medical license;
365	365	(13) impersonates a physician or permits another to
366	366	use the person's license or certificate to practice medicine in
367	367	this state;
368	368	(14) directly or indirectly employs a person whose
369	369	license to practice medicine has been suspended, canceled, or
370	370	revoked;
371	371	(15) associates in the practice of medicine with a
372	372	person:
373	373	(A) whose license to practice medicine has been
374	374	suspended, canceled, or revoked; or
375	375	(B) who has been convicted of the unlawful
376	376	practice of medicine in this state or elsewhere;
377	377	(16) performs or procures a criminal abortion, aids or
378	378	abets in the procuring of a criminal abortion, attempts to perform
379	379	or procure a criminal abortion, or attempts to aid or abet the
380	380	performance or procurement of a criminal abortion;
381	381	(17) directly or indirectly aids or abets the practice
382	382	of medicine by a person, partnership, association, or corporation
383	383	that is not licensed to practice medicine by the board;
384	384	(18) performs an abortion as defined by Section
385	385	161.006(b), Family Code, on a woman who is pregnant [with a viable
386	386	unborn child during the third trimester of the pregnancy unless:
387	387	[(A) the abortion is necessary to prevent the
388	388	death of the woman;
389	389	[(B) the viable unborn child has a severe,
390	390	irreversible brain impairment; or
391	391	[(C) the woman is diagnosed with a significant
392	392	likelihood of suffering imminent severe, irreversible brain damage
393	393	or imminent severe, irreversible paralysis]; or
394	394	(19) [performs an abortion on an unemancipated minor
395	395	without the written consent of the child's parent, managing
396	396	conservator, or legal guardian or without a court order, as
397	397	provided by Section 33.003 or 33.004, Family Code, unless the
398	398	abortion is necessary due to a medical emergency, as defined by
399	399	Section 171.002, Health and Safety Code;
400	400	[(20) otherwise performs an abortion on an
401	401	unemancipated minor in violation of Chapter 33, Family Code;
402	402	[(21) performs or induces or attempts to perform or
403	403	induce an abortion in violation of Subchapter C, F, or G, Chapter
404	404	171, Health and Safety Code; or
405	405	[(22)] in complying with the procedures outlined in
406	406	Sections 166.045 and 166.046, Health and Safety Code, wilfully
407	407	fails to make a reasonable effort to transfer a patient to a
408	408	physician who is willing to comply with a directive.
409	409	SECTION 28. The following provisions are repealed:
410	410	(1) Section 71.003(c), Civil Practice and Remedies
411	411	Code;
412	412	(2) Chapter 33, Family Code;
413	413	(3) Sections 151.002(b), (c), (d), (e), (f), and (g),
414	414	Family Code;
415	415	(4) Section 2272.002, Government Code, as added by
416	416	Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular
417	417	Session, 2019;
418	418	(5) Chapters 170 and 171, Health and Safety Code;
419	419	(6) Section 241.007, Health and Safety Code;
420	420	(7) Section 241.011, Health and Safety Code;
421	421	(8) Section 243.017, Health and Safety Code;
422	422	(9) Chapter 245, Health and Safety Code;
423	423	(10) Section 285.202, Health and Safety Code;
424	424	(11) Section 1218.003, Insurance Code;
425	425	(12) Section 1218.005, Insurance Code;
426	426	(13) Section 1218.006, Insurance Code;
427	427	(14) Section 1696.002(b), Insurance Code;
428	428	(15) Chapter 103, Occupations Code;
429	429	(16) Section 164.052(c), Occupations Code;
430	430	(17) Section 164.055, Occupations Code;
431	431	(18) Section 164.0551, Occupations Code;
432	432	(19) Section 19.06, Penal Code;
433	433	(20) Section 20.01(5), Penal Code;
434	434	(21) Section 22.12, Penal Code; and
435	435	(22) Section 49.12, Penal Code.
436	436	SECTION 29. (a) The changes in law made by this Act apply
437	437	only to conduct that occurs on or after the effective date of this
438	438	Act. Conduct that occurs before the effective date of this Act is
439	439	governed by the law in effect immediately before the effective date
440	440	of this Act, and that law is continued in effect for that purpose.
441	441	(b) The changes in law made by this Act apply only to an
442	442	offense committed on or after the effective date of this Act. An
443	443	offense committed before the effective date of this Act is governed
444	444	by the law in effect when the offense was committed, and the former
445	445	law is continued in effect for that purpose. For purposes of this
446	446	section, an offense is committed before the effective date of this
447	447	Act if any element of the offense occurs before the effective date.
448	448	(c) Chapters 1218 and 1696, Insurance Code, as amended by
449	449	this Act, apply only to a health benefit plan delivered, issued for
450	450	delivery, or renewed on or after the effective date of this Act. A
451	451	health benefit plan delivered, issued for delivery, or renewed
452	452	before the effective date of this Act is governed by the law in
453	453	effect immediately before the effective date of this Act, and that
454	454	law is continued in effect for that purpose.
455	455	SECTION 30. Any federal statute, regulation, treaty, order,
456	456	or court decision that purports to supersede, stay, or overrule
457	457	this Act is in violation of the Texas Constitution and the United
458	458	States Constitution and is therefore void. The State of Texas, a
459	459	political subdivision of this state, and any agent of this state or
460	460	a political subdivision of this state may, but is not required to,
461	461	enter an appearance, special or otherwise, in any federal suit
462	462	challenging this Act.
463	463	SECTION 31. A provision of this Act is not severable from
464	464	any of the Act's other provisions. If any provision is held invalid,
465	465	all provisions are invalid.
466	466	SECTION 32. This Act takes effect immediately if it
467	467	receives a vote of two-thirds of all the members elected to each
468	468	house, as provided by Section 39, Article III, Texas Constitution.
469	469	If this Act does not receive the vote necessary for immediate
470	470	effect, this Act takes effect on the 91st day after the last day of
471	471	the legislative session.