| 1 | 1 | | 2025S0216-1 03/11/25 |
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| 2 | 2 | | By: King S.B. No. 2352 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to prohibiting transporting or funding the transportation |
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| 10 | 10 | | of an unemancipated minor for an abortion; providing a civil |
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| 11 | 11 | | penalty; creating a criminal offense. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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| 14 | 14 | | amended by adding Chapter 170B to read as follows: |
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| 15 | 15 | | CHAPTER 170B. TRANSPORTING A MINOR FOR AN ABORTION |
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| 16 | 16 | | Sec. 170B.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Abortion" has the meaning assigned by Section |
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| 18 | 18 | | 245.002(1). |
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| 19 | 19 | | (2) "Unborn child" has the meaning assigned by Section |
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| 20 | 20 | | 170A.001(5). |
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| 21 | 21 | | (3) "Unemancipated minor" includes a minor who: |
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| 22 | 22 | | (A) is unmarried; and |
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| 23 | 23 | | (B) has not had the disabilities of minority |
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| 24 | 24 | | removed under Chapter 31, Family Code. |
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| 25 | 25 | | Sec. 170B.002. PROHIBITED TRANSPORTATION; EXCEPTIONS. (a) |
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| 26 | 26 | | No person shall knowingly transport or fund the transportation of |
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| 27 | 27 | | an unemancipated minor from Texas and into another state or country |
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| 28 | 28 | | for the purpose of the minor obtaining an abortion without the |
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| 29 | 29 | | written consent of a parent of the unemancipated minor or a person |
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| 30 | 30 | | lawfully standing in the position of a parent of the unemancipated |
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| 31 | 31 | | minor. |
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| 32 | 32 | | (b) The prohibition under Subsection (a) does not apply to |
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| 33 | 33 | | an abortion performed or induced under the exceptions described in |
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| 34 | 34 | | Section 170A.002(b), (c), and (d), Health and Safety Code. |
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| 35 | 35 | | Sec. 170B.003. CONSTRUCTION OF CHAPTER. This chapter may |
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| 36 | 36 | | not be construed to authorize the imposition of criminal, civil, or |
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| 37 | 37 | | administrative liability or penalties on an unemancipated minor. |
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| 38 | 38 | | Sec. 170B.004. CRIMINAL OFFENSE. (a) A person who violates |
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| 39 | 39 | | Section 170B.002 commits an offense. |
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| 40 | 40 | | (b) An offense under this section is a felony of the second |
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| 41 | 41 | | degree, except that the offense is a felony of the first degree if |
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| 42 | 42 | | the unborn child dies as a result of an abortion that occurred in a |
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| 43 | 43 | | state or country that the unemancipated was transported to in |
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| 44 | 44 | | violation of Section 170B.002. |
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| 45 | 45 | | Sec. 170B.005. CIVIL PENALTY. A person who violates |
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| 46 | 46 | | Section 170B.002 is subject to a civil penalty of not less than |
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| 47 | 47 | | $100,000 for each violation. The attorney general shall file an |
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| 48 | 48 | | action to recover a civil penalty assessed under this section and |
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| 49 | 49 | | may recover attorney's fees and costs incurred in bringing the |
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| 50 | 50 | | action. |
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| 51 | 51 | | Sec. 170B.006. CIVIL REMEDIES UNAFFECTED. The fact that |
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| 52 | 52 | | conduct is subject to a civil or criminal penalty under this chapter |
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| 53 | 53 | | does not abolish or impair any remedy for the conduct that is |
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| 54 | 54 | | available in a civil suit. |
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| 55 | 55 | | Sec. 170B.007. DISCIPLINARY ACTION. In addition to any |
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| 56 | 56 | | other penalty that may be imposed under this chapter, the |
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| 57 | 57 | | appropriate licensing authority shall revoke the license, permit, |
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| 58 | 58 | | registration, certificate, or other authority of a physician or |
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| 59 | 59 | | other health care professional who transports or funds the |
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| 60 | 60 | | transportation of an unemancipated minor in violation of Section |
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| 61 | 61 | | 170B.002. |
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| 62 | 62 | | SECTION 2. The provisions of this Act are hereby declared |
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| 63 | 63 | | severable, and if any provision of this Act or the application of |
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| 64 | 64 | | such provision to any person or circumstance is declared invalid |
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| 65 | 65 | | for any reason, such declaration shall not affect the validity of |
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| 66 | 66 | | the remaining portions of this Act. |
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| 67 | 67 | | SECTION 3. The change in law made by this Act applies only |
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| 68 | 68 | | to an abortion performed or induced on or after the effective date |
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| 69 | 69 | | of this Act. |
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| 70 | 70 | | SECTION 4. This Act takes effect September 1, 2025. |
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