| 1 | 1 | | 88R187 SCL-D |
|---|
| 2 | 2 | | By: Bryant H.B. No. 3000 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the repeal of certain laws prohibiting abortion and the |
|---|
| 8 | 8 | | construction of abortion laws imposing penalties or liability on |
|---|
| 9 | 9 | | pregnant individuals. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 311.036, Government Code, is amended by |
|---|
| 12 | 12 | | adding Subsection (d) to read as follows: |
|---|
| 13 | 13 | | (d) A statute that regulates or prohibits abortion may not |
|---|
| 14 | 14 | | be construed to authorize the imposition or incurrence of criminal, |
|---|
| 15 | 15 | | civil, or administrative penalties or liability on a pregnant |
|---|
| 16 | 16 | | individual on whom an abortion is performed, induced, or attempted. |
|---|
| 17 | 17 | | SECTION 2. Section 171.206(b), Health and Safety Code, is |
|---|
| 18 | 18 | | amended to read as follows: |
|---|
| 19 | 19 | | (b) This subchapter may not be construed to: |
|---|
| 20 | 20 | | (1) authorize the initiation of a cause of action |
|---|
| 21 | 21 | | against or the prosecution of a pregnant individual [woman] on whom |
|---|
| 22 | 22 | | an abortion is performed or induced or attempted to be performed or |
|---|
| 23 | 23 | | induced in violation of this subchapter; |
|---|
| 24 | 24 | | (2) wholly or partly repeal, either expressly or by |
|---|
| 25 | 25 | | implication, any other statute that regulates or prohibits |
|---|
| 26 | 26 | | abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or |
|---|
| 27 | 27 | | (3) restrict a political subdivision from regulating |
|---|
| 28 | 28 | | or prohibiting abortion in a manner that is at least as stringent as |
|---|
| 29 | 29 | | the laws of this state. |
|---|
| 30 | 30 | | SECTION 3. Section 171.207(b), Health and Safety Code, is |
|---|
| 31 | 31 | | amended to read as follows: |
|---|
| 32 | 32 | | (b) Subsection (a) may not be construed to: |
|---|
| 33 | 33 | | (1) legalize the conduct prohibited by this subchapter |
|---|
| 34 | 34 | | [or by Chapter 6-1/2, Title 71, Revised Statutes]; |
|---|
| 35 | 35 | | (2) limit in any way or affect the availability of a |
|---|
| 36 | 36 | | remedy established by Section 171.208; or |
|---|
| 37 | 37 | | (3) limit the enforceability of any other laws that |
|---|
| 38 | 38 | | regulate or prohibit abortion. |
|---|
| 39 | 39 | | SECTION 4. Chapter 6-1/2, Title 71, Revised Statutes, is |
|---|
| 40 | 40 | | repealed. |
|---|
| 41 | 41 | | SECTION 5. This Act takes effect immediately if it receives |
|---|
| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 45 | 45 | | Act takes effect September 1, 2023. |
|---|