Texas 2021 - 87th 3rd C.S.

Texas House Bill HB23 Compare Versions

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

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1	1	By: Slaton H.B. No. 23
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
65	65	general shall direct a state agency to enforce those laws,
66	66	regardless of any contrary federal statute, regulation, treaty,
67	67	order, or court 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
160	160	offense under this chapter involving bodily injury to an unborn
161	161	child.
162	162	(b) A party to an offense to which this section applies may
163	163	be required to provide evidence or testify about the offense.
164	164	(c) A party to an offense to which this section applies may
165	165	not be prosecuted for any offense about which the party is required
166	166	to provide evidence or testify, and the evidence and testimony may
167	167	not be used against the party in any adjudicatory proceeding except
168	168	a prosecution for aggravated perjury. For purposes of this
169	169	subsection, "adjudicatory proceeding" means a proceeding before a
170	170	court or any other agency of government in which the legal rights,
171	171	powers, duties, or privileges of specified parties are determined.
172	172	SECTION 14. Section 38.063(e-1), Education Code, is amended
173	173	to read as follows:
174	174	(e-1) A grant under this section may not be given to a
175	175	nonprofit organization that offers reproductive services,
176	176	contraceptive services, counseling, or referrals, or abortion [any
177	177	other] services [that require a license under Chapter 245, Health
178	178	and Safety Code,] or that is affiliated with a nonprofit
179	179	organization that is an abortion provider [licensed under Chapter
180	180	245, Health and Safety Code].
181	181	SECTION 15. Section 161.006(b), Family Code, is amended to
182	182	read as follows:
183	183	(b) In this code, "abortion" means the act of using or
184	184	prescribing an instrument, a drug, a medicine, or any other
185	185	substance, device, or means with the intent to cause the death of an
186	186	unborn child of a woman known to be pregnant. The term does not
187	187	include birth control devices or oral contraceptives. An act is not
188	188	an abortion if the act is done with the intent to:
189	189	(1) save the life or preserve the health of an unborn
190	190	child;
191	191	(2) remove a dead, unborn child whose death was caused
192	192	by spontaneous abortion; or
193	193	(3) remove an ectopic pregnancy that seriously
194	194	threatens the life of the mother when a reasonable alternative to
195	195	save the lives of both the mother and the unborn child is
196	196	unavailable [has the meaning assigned by Section 245.002, Health
197	197	and Safety Code].
198	198	SECTION 16. Section 266.010(a), Family Code, is amended to
199	199	read as follows:
200	200	(a) A foster child who is at least 16 years of age may
201	201	consent to the provision of medical care[, except as provided by
202	202	Chapter 33,] if the court with continuing jurisdiction determines
203	203	that the child has the capacity to consent to medical care. If the
204	204	child provides consent by signing a consent form, the form must be
205	205	written in language the child can understand.
206	206	SECTION 17. Section 501.065, Government Code, is amended to
207	207	read as follows:
208	208	Sec. 501.065. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL,
209	209	AND SURGICAL TREATMENT. An inmate who is younger than 18 years of
210	210	age and is confined in a facility operated by or under contract with
211	211	the department may, in accordance with procedures established by
212	212	the department, consent to medical, dental, psychological, and
213	213	surgical treatment for the inmate by a licensed health care
214	214	practitioner, or a person under the direction of a licensed health
215	215	care practitioner[, unless the treatment would constitute a
216	216	prohibited practice under Section 164.052(a)(19), Occupations
217	217	Code].
218	218	SECTION 18. Sections 2272.001(1) and (2), Government Code,
219	219	as added by Chapter 501 (S.B. 22), Acts of the 86th Legislature,
220	220	Regular Session, 2019, are amended to read as follows:
221	221	(1) "Abortion" means the act of using or prescribing
222	222	an instrument, a drug, a medicine, or any other substance, device,
223	223	or means with the intent to cause the death of an unborn child of a
224	224	woman known to be pregnant. The term does not include birth control
225	225	devices or oral contraceptives. An act is not an abortion if the act
226	226	is done with the intent to:
227	227	(A) save the life or preserve the health of an
228	228	unborn child;
229	229	(B) remove a dead, unborn child whose death was
230	230	caused by spontaneous abortion; or
231	231	(C) remove an ectopic pregnancy that seriously
232	232	threatens the life of the mother when a reasonable alternative to
233	233	save the lives of both the mother and the unborn child is
234	234	unavailable [has the meaning assigned by Section 245.002, Health
235	235	and Safety Code].
236	236	(2) "Abortion provider" means a person who performs or
237	237	induces an abortion [:
238	238	[(A) a facility licensed under Chapter 245,
239	239	Health and Safety Code; or
240	240	[(B) an ambulatory surgical center licensed
241	241	under Chapter 243, Health and Safety Code, that is used to perform
242	242	more than 50 abortions in any 12-month period].
243	243	SECTION 19. Section 32.046(e), Health and Safety Code, is
244	244	amended to read as follows:
245	245	(e) For purposes of this section, "postpartum depression"
246	246	means a disorder in which a woman experiences moderate to severe
247	247	depression following a pregnancy[, regardless of whether the
248	248	pregnancy resulted in birth, or an act defined by Section
249	249	245.002(1)].
250	250	SECTION 20. Section 248.003, Health and Safety Code, is
251	251	amended to read as follows:
252	252	Sec. 248.003. EXEMPTIONS. This chapter does not apply to:
253	253	(1) a home and community support services agency
254	254	required to be licensed under Chapter 142;
255	255	(2) a person required to be licensed under Chapter 241
256	256	(Texas Hospital Licensing Law);
257	257	(3) an institution required to be licensed under
258	258	Chapter 242;
259	259	(4) an ambulatory surgical center required to be
260	260	licensed under Chapter 243 (Texas Ambulatory Surgical Center
261	261	Licensing Act);
262	262	(5) a birthing center required to be licensed under
263	263	Chapter 244 (Texas Birthing Center Licensing Act);
264	264	(6) [a facility required to be licensed under Chapter
265	265	245 (Texas Abortion Facility Reporting and Licensing Act);
266	266	[(7)] a general residential operation, foster group
267	267	home, foster home, and child-placing agency, for children in foster
268	268	care or other residential care who are under the conservatorship of
269	269	the Department of Family and Protective Services; or
270	270	(7) [(8)] a person providing medical or nursing care
271	271	or services under a license or permit issued under other state law.
272	272	SECTION 21. The heading to Chapter 1218, Insurance Code, is
273	273	amended to read as follows:
274	274	CHAPTER 1218. COVERAGE FOR [ELECTIVE] ABORTION PROHIBITED[;
275	275	PROHIBITIONS AND REQUIREMENTS]
276	276	SECTION 22. Section 1218.001, Insurance Code, is amended to
277	277	read as follows:
278	278	Sec. 1218.001. DEFINITION. In this chapter, "abortion"
279	279	means the act of using or prescribing an instrument, a drug, a
280	280	medicine, or any other substance, device, or means with the intent
281	281	to cause the death of an unborn child of a woman known to be
282	282	pregnant. The term does not include birth control devices or oral
283	283	contraceptives. An act is not an abortion if the act is done with
284	284	the intent to:
285	285	(1) save the life or preserve the health of an unborn
286	286	child;
287	287	(2) remove a dead, unborn child whose death was caused
288	288	by spontaneous abortion; or
289	289	(3) remove an ectopic pregnancy that seriously
290	290	threatens the life of the mother when a reasonable alternative to
291	291	save the lives of both the mother and the unborn child is
292	292	unavailable ["elective abortion" means an abortion, as defined by
293	293	Section 245.002, Health and Safety Code, other than an abortion
294	294	performed due to a medical emergency as defined by Section 171.002,
295	295	Health and Safety Code].
296	296	SECTION 23. Section 1218.004, Insurance Code, is amended to
297	297	read as follows:
298	298	Sec. 1218.004. COVERAGE BY HEALTH BENEFIT PLAN. A health
299	299	benefit plan may not provide coverage for [elective] abortion [only
300	300	if:
301	301	[(1) the coverage is provided to an enrollee
302	302	separately from other health benefit plan coverage offered by the
303	303	health benefit plan issuer;
304	304	[(2) the enrollee pays the premium for coverage for
305	305	elective abortion separately from, and in addition to, the premium
306	306	for other health benefit plan coverage, if any; and
307	307	[(3) the enrollee provides a signature for coverage
308	308	for elective abortion, separately and distinct from the signature
309	309	required for other health benefit plan coverage, if any, provided
310	310	to the enrollee by the health benefit plan issuer].
311	311	SECTION 24. The heading to Chapter 1696, Insurance Code, is
312	312	amended to read as follows:
313	313	CHAPTER 1696. COVERAGE FOR [ELECTIVE] ABORTION; PROHIBITIONS AND
314	314	REQUIREMENTS
315	315	SECTION 25. Section 1696.001(1), Insurance Code, is amended
316	316	to read as follows:
317	317	(1) "Abortion" has the meaning assigned by Section
318	318	1218.001 ["Elective abortion" means an abortion, as defined by
319	319	Section 245.002, Health and Safety Code, other than an abortion
320	320	performed due to a medical emergency as defined by Section 171.002,
321	321	Health and Safety Code].
322	322	SECTION 26. Section 1696.002(a), Insurance Code, is amended
323	323	to read as follows:
324	324	(a) A qualified health plan offered through a health benefit
325	325	exchange may not provide coverage for [elective] abortion.
326	326	SECTION 27. Section 164.052(a), Occupations Code, is
327	327	amended to read as follows:
328	328	(a) A physician or an applicant for a license to practice
329	329	medicine commits a prohibited practice if that person:
330	330	(1) submits to the board a false or misleading
331	331	statement, document, or certificate in an application for a
332	332	license;
333	333	(2) presents to the board a license, certificate, or
334	334	diploma that was illegally or fraudulently obtained;
335	335	(3) commits fraud or deception in taking or passing an
336	336	examination;
337	337	(4) uses alcohol or drugs in an intemperate manner
338	338	that, in the board's opinion, could endanger a patient's life;
339	339	(5) commits unprofessional or dishonorable conduct
340	340	that is likely to deceive or defraud the public, as provided by
341	341	Section 164.053, or injure the public;
342	342	(6) uses an advertising statement that is false,
343	343	misleading, or deceptive;
344	344	(7) advertises professional superiority or the
345	345	performance of professional service in a superior manner if that
346	346	advertising is not readily subject to verification;
347	347	(8) purchases, sells, barters, or uses, or offers to
348	348	purchase, sell, barter, or use, a medical degree, license,
349	349	certificate, or diploma, or a transcript of a license, certificate,
350	350	or diploma in or incident to an application to the board for a
351	351	license to practice medicine;
352	352	(9) alters, with fraudulent intent, a medical license,
353	353	certificate, or diploma, or a transcript of a medical license,
354	354	certificate, or diploma;
355	355	(10) uses a medical license, certificate, or diploma,
356	356	or a transcript of a medical license, certificate, or diploma that
357	357	has been:
358	358	(A) fraudulently purchased or issued;
359	359	(B) counterfeited; or
360	360	(C) materially altered;
361	361	(11) impersonates or acts as proxy for another person
362	362	in an examination required by this subtitle for a medical license;
363	363	(12) engages in conduct that subverts or attempts to
364	364	subvert an examination process required by this subtitle for a
365	365	medical license;
366	366	(13) impersonates a physician or permits another to
367	367	use the person's license or certificate to practice medicine in
368	368	this state;
369	369	(14) directly or indirectly employs a person whose
370	370	license to practice medicine has been suspended, canceled, or
371	371	revoked;
372	372	(15) associates in the practice of medicine with a
373	373	person:
374	374	(A) whose license to practice medicine has been
375	375	suspended, canceled, or revoked; or
376	376	(B) who has been convicted of the unlawful
377	377	practice of medicine in this state or elsewhere;
378	378	(16) performs or procures a criminal abortion, aids or
379	379	abets in the procuring of a criminal abortion, attempts to perform
380	380	or procure a criminal abortion, or attempts to aid or abet the
381	381	performance or procurement of a criminal abortion;
382	382	(17) directly or indirectly aids or abets the practice
383	383	of medicine by a person, partnership, association, or corporation
384	384	that is not licensed to practice medicine by the board;
385	385	(18) performs an abortion as defined by Section
386	386	161.006(b), Family Code, on a woman who is pregnant [with a viable
387	387	unborn child during the third trimester of the pregnancy unless:
388	388	[(A) the abortion is necessary to prevent the
389	389	death of the woman;
390	390	[(B) the viable unborn child has a severe,
391	391	irreversible brain impairment; or
392	392	[(C) the woman is diagnosed with a significant
393	393	likelihood of suffering imminent severe, irreversible brain damage
394	394	or imminent severe, irreversible paralysis]; or
395	395	(19) [performs an abortion on an unemancipated minor
396	396	without the written consent of the child's parent, managing
397	397	conservator, or legal guardian or without a court order, as
398	398	provided by Section 33.003 or 33.004, Family Code, unless the
399	399	abortion is necessary due to a medical emergency, as defined by
400	400	Section 171.002, Health and Safety Code;
401	401	[(20) otherwise performs an abortion on an
402	402	unemancipated minor in violation of Chapter 33, Family Code;
403	403	[(21) performs or induces or attempts to perform or
404	404	induce an abortion in violation of Subchapter C, F, or G, Chapter
405	405	171, Health and Safety Code; or
406	406	[(22)] in complying with the procedures outlined in
407	407	Sections 166.045 and 166.046, Health and Safety Code, wilfully
408	408	fails to make a reasonable effort to transfer a patient to a
409	409	physician who is willing to comply with a directive.
410	410	SECTION 28. The following provisions are repealed:
411	411	(1) Section 71.003(c), Civil Practice and Remedies
412	412	Code;
413	413	(2) Chapter 33, Family Code;
414	414	(3) Sections 151.002(b), (c), (d), (e), (f), and (g),
415	415	Family Code;
416	416	(4) Section 2272.002, Government Code, as added by
417	417	Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular
418	418	Session, 2019;
419	419	(5) Chapters 170 and 171, Health and Safety Code;
420	420	(6) Section 241.007, Health and Safety Code;
421	421	(7) Section 241.011, Health and Safety Code;
422	422	(8) Section 243.017, Health and Safety Code;
423	423	(9) Chapter 245, Health and Safety Code;
424	424	(10) Section 285.202, Health and Safety Code;
425	425	(11) Section 1218.003, Insurance Code;
426	426	(12) Section 1218.005, Insurance Code;
427	427	(13) Section 1218.006, Insurance Code;
428	428	(14) Section 1696.002(b), Insurance Code;
429	429	(15) Chapter 103, Occupations Code;
430	430	(16) Section 164.052(c), Occupations Code;
431	431	(17) Section 164.055, Occupations Code;
432	432	(18) Section 164.0551, Occupations Code;
433	433	(19) Section 19.06, Penal Code;
434	434	(20) Section 20.01(5), Penal Code;
435	435	(21) Section 22.12, Penal Code; and
436	436	(22) Section 49.12, Penal Code.
437	437	SECTION 29. (a) The changes in law made by this Act apply
438	438	only to conduct that occurs on or after the effective date of this
439	439	Act. Conduct that occurs before the effective date of this Act is
440	440	governed by the law in effect immediately before the effective date
441	441	of this Act, and that law is continued in effect for that purpose.
442	442	(b) The changes in law made by this Act apply only to an
443	443	offense committed on or after the effective date of this Act. An
444	444	offense committed before the effective date of this Act is governed
445	445	by the law in effect when the offense was committed, and the former
446	446	law is continued in effect for that purpose. For purposes of this
447	447	section, an offense is committed before the effective date of this
448	448	Act if any element of the offense occurs before the effective date.
449	449	(c) Chapters 1218 and 1696, Insurance Code, as amended by
450	450	this Act, apply only to a health benefit plan delivered, issued for
451	451	delivery, or renewed on or after the effective date of this Act. A
452	452	health benefit plan delivered, issued for delivery, or renewed
453	453	before the effective date of this Act is governed by the law in
454	454	effect immediately before the effective date of this Act, and that
455	455	law is continued in effect for that purpose.
456	456	SECTION 30. Any federal statute, regulation, treaty, order,
457	457	or court decision that purports to supersede, stay, or overrule
458	458	this Act is in violation of the Texas Constitution and the United
459	459	States Constitution and is therefore void. The State of Texas, a
460	460	political subdivision of this state, and any agent of this state or
461	461	a political subdivision of this state may, but is not required to,
462	462	enter an appearance, special or otherwise, in any federal suit
463	463	challenging this Act.
464	464	SECTION 31. A provision of this Act is not severable from
465	465	any of the Act's other provisions. If any provision is held invalid,
466	466	all provisions are invalid.
467	467	SECTION 32. This Act takes effect immediately if it
468	468	receives a vote of two-thirds of all the members elected to each
469	469	house, as provided by Section 39, Article III, Texas Constitution.
470	470	If this Act does not receive the vote necessary for immediate
471	471	effect, this Act takes effect on the 91st day after the last day of
472	472	the legislative session.