Bill Text: TX HB2364 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to abortion at or after 20 weeks post-fertilization.
Spectrum: Partisan Bill (Republican 59-0)
Status: (Introduced - Dead) 2013-05-07 - Committee report sent to Calendars [HB2364 Detail]
Download: Texas-2013-HB2364-Introduced.html
Bill Title: Relating to abortion at or after 20 weeks post-fertilization.
Spectrum: Partisan Bill (Republican 59-0)
Status: (Introduced - Dead) 2013-05-07 - Committee report sent to Calendars [HB2364 Detail]
Download: Texas-2013-HB2364-Introduced.html
83R7890 JSC-F | ||
By: Laubenberg | H.B. No. 2364 |
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relating to abortion at or after 20 weeks post-fertilization. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. (a) This Act may be cited as the Preborn Pain | ||
Act. | ||
(b) The legislature finds that: | ||
(1) substantial medical evidence recognizes that an | ||
unborn child is capable of experiencing pain by not later than 20 | ||
weeks after fertilization; | ||
(2) the state has a compelling state interest in | ||
protecting the lives of unborn children from the stage at which | ||
substantial medical evidence indicates that these children are | ||
capable of feeling pain; and | ||
(3) the compelling state interest in protecting the | ||
lives of unborn children from the stage at which substantial | ||
medical evidence indicates that an unborn child is capable of | ||
feeling pain is intended to be separate from and independent of the | ||
compelling state interest in protecting the lives of unborn | ||
children from the stage of viability, and neither state interest is | ||
intended to replace the other. | ||
SECTION 2. Chapter 171, Health and Safety Code, is amended | ||
by adding Subchapter C to read as follows: | ||
SUBCHAPTER C. ABORTION PROHIBITED AT OR AFTER 20 WEEKS | ||
POST-FERTILIZATION | ||
Sec. 171.041. DEFINITION. In this subchapter, | ||
"post-fertilization age" means the age of the unborn child as | ||
calculated from the fusion of a human spermatozoon with a human | ||
ovum. | ||
Sec. 171.042. DETERMINATION OF POST-FERTILIZATION AGE | ||
REQUIRED. Except as otherwise provided by Section 171.045, a | ||
physician may not perform or induce or attempt to perform or induce | ||
an abortion without, prior to the procedure: | ||
(1) making a determination of the probable | ||
post-fertilization age of the unborn child; or | ||
(2) possessing and relying on a determination of the | ||
probable post-fertilization age of the unborn child made by another | ||
physician. | ||
Sec. 171.043. ABORTION OF UNBORN CHILD OF 20 OR MORE WEEKS | ||
POST-FERTILIZATION AGE PROHIBITED. Except as otherwise provided by | ||
Section 171.045, a person may not perform or induce or attempt to | ||
perform or induce an abortion on a woman if it has been determined, | ||
by the physician performing, inducing, or attempting to perform or | ||
induce the abortion or by another physician on whose determination | ||
that physician relies, that the probable post-fertilization age of | ||
the unborn child is 20 or more weeks. | ||
Sec. 171.044. METHOD OF ABORTION. (a) This section applies | ||
only to an abortion authorized under Section 171.045(a)(1) or (2) | ||
in which: | ||
(1) the probable post-fertilization age of the unborn | ||
child is 20 or more weeks; or | ||
(2) the probable post-fertilization age of the unborn | ||
child has not been determined but could reasonably be 20 or more | ||
weeks. | ||
(b) Except as otherwise provided by Section 171.045(a)(3), | ||
a physician performing an abortion under Subsection (a) shall | ||
terminate the pregnancy in the manner that, in the physician's | ||
reasonable medical judgment, provides the best opportunity for the | ||
unborn child to survive. | ||
Sec. 171.045. EXCEPTIONS. (a) The prohibitions and | ||
requirements under Sections 171.042, 171.043, and 171.044 do not | ||
apply to an abortion performed if there exists a condition that, in | ||
the physician's reasonable medical judgment, so complicates the | ||
medical condition of the woman that, to avert the woman's death or a | ||
serious risk of substantial or irreversible physical impairment of | ||
a major bodily function, other than a psychological condition, it | ||
necessitates, as applicable: | ||
(1) the immediate abortion of her pregnancy without | ||
the delay necessary to determine the probable post-fertilization | ||
age of the unborn child; | ||
(2) the abortion of her pregnancy even though the | ||
post-fertilization age of the unborn child is 20 or more weeks; or | ||
(3) the use of a method of abortion other than a method | ||
described by Section 171.044(b). | ||
(b) A physician may not take an action authorized under | ||
Subsection (a) if the risk of death or a substantial and | ||
irreversible physical impairment of a major bodily function arises | ||
from a claim or diagnosis that the woman will engage in conduct that | ||
may result in her death or in substantial and irreversible physical | ||
impairment of a major bodily function. | ||
Sec. 171.046. PROTECTION OF PRIVACY IN COURT PROCEEDINGS. | ||
(a) Except as otherwise provided by this section, in a civil or | ||
criminal proceeding or action involving an act prohibited under | ||
this subchapter, the identity of the woman on whom an abortion has | ||
been performed or induced or attempted to be performed or induced is | ||
not subject to public disclosure if the woman does not give consent | ||
to disclosure. | ||
(b) Unless the court makes a ruling under Subsection (c) to | ||
allow disclosure of the woman's identity, the court shall issue | ||
orders to the parties, witnesses, and counsel and shall direct the | ||
sealing of the record and exclusion of individuals from courtrooms | ||
or hearing rooms to the extent necessary to protect the woman's | ||
identity from public disclosure. | ||
(c) A court may order the disclosure of information that is | ||
confidential under this section if: | ||
(1) a motion is filed with the court requesting | ||
release of the information and a hearing on that request; | ||
(2) notice of the hearing is served on each interested | ||
party; and | ||
(3) the court determines after the hearing and an in | ||
camera review that disclosure is essential to the administration of | ||
justice and there is no reasonable alternative to disclosure. | ||
Sec. 171.047. CONSTRUCTION OF SUBCHAPTER. This subchapter | ||
may not be construed to authorize the prosecution of or a cause of | ||
action to be brought against a woman on whom an abortion is | ||
performed or induced or attempted to be performed or induced in | ||
violation of this subchapter. | ||
SECTION 3. Section 245.011(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) The report must include: | ||
(1) whether the abortion facility at which the | ||
abortion is performed is licensed under this chapter; | ||
(2) the patient's year of birth, race, marital status, | ||
and state and county of residence; | ||
(3) the type of abortion procedure; | ||
(4) the date the abortion was performed; | ||
(5) whether the patient survived the abortion, and if | ||
the patient did not survive, the cause of death; | ||
(6) the probable post-fertilization age of the unborn | ||
child [ |
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the attending physician at the time of the procedure; | ||
(7) the date, if known, of the patient's last menstrual | ||
cycle; | ||
(8) the number of previous live births of the patient; | ||
and | ||
(9) the number of previous induced abortions of the | ||
patient. | ||
SECTION 4. Section 164.052(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) A physician or an applicant for a license to practice | ||
medicine commits a prohibited practice if that person: | ||
(1) submits to the board a false or misleading | ||
statement, document, or certificate in an application for a | ||
license; | ||
(2) presents to the board a license, certificate, or | ||
diploma that was illegally or fraudulently obtained; | ||
(3) commits fraud or deception in taking or passing an | ||
examination; | ||
(4) uses alcohol or drugs in an intemperate manner | ||
that, in the board's opinion, could endanger a patient's life; | ||
(5) commits unprofessional or dishonorable conduct | ||
that is likely to deceive or defraud the public, as provided by | ||
Section 164.053, or injure the public; | ||
(6) uses an advertising statement that is false, | ||
misleading, or deceptive; | ||
(7) advertises professional superiority or the | ||
performance of professional service in a superior manner if that | ||
advertising is not readily subject to verification; | ||
(8) purchases, sells, barters, or uses, or offers to | ||
purchase, sell, barter, or use, a medical degree, license, | ||
certificate, or diploma, or a transcript of a license, certificate, | ||
or diploma in or incident to an application to the board for a | ||
license to practice medicine; | ||
(9) alters, with fraudulent intent, a medical license, | ||
certificate, or diploma, or a transcript of a medical license, | ||
certificate, or diploma; | ||
(10) uses a medical license, certificate, or diploma, | ||
or a transcript of a medical license, certificate, or diploma that | ||
has been: | ||
(A) fraudulently purchased or issued; | ||
(B) counterfeited; or | ||
(C) materially altered; | ||
(11) impersonates or acts as proxy for another person | ||
in an examination required by this subtitle for a medical license; | ||
(12) engages in conduct that subverts or attempts to | ||
subvert an examination process required by this subtitle for a | ||
medical license; | ||
(13) impersonates a physician or permits another to | ||
use the person's license or certificate to practice medicine in | ||
this state; | ||
(14) directly or indirectly employs a person whose | ||
license to practice medicine has been suspended, canceled, or | ||
revoked; | ||
(15) associates in the practice of medicine with a | ||
person: | ||
(A) whose license to practice medicine has been | ||
suspended, canceled, or revoked; or | ||
(B) who has been convicted of the unlawful | ||
practice of medicine in this state or elsewhere; | ||
(16) performs or procures a criminal abortion, aids or | ||
abets in the procuring of a criminal abortion, attempts to perform | ||
or procure a criminal abortion, or attempts to aid or abet the | ||
performance or procurement of a criminal abortion; | ||
(17) directly or indirectly aids or abets the practice | ||
of medicine by a person, partnership, association, or corporation | ||
that is not licensed to practice medicine by the board; | ||
(18) performs an abortion on a woman who is pregnant | ||
with a viable unborn child during the third trimester of the | ||
pregnancy unless: | ||
(A) the abortion is necessary to prevent the | ||
death of the woman; | ||
(B) the viable unborn child has a severe, | ||
irreversible brain impairment; or | ||
(C) the woman is diagnosed with a significant | ||
likelihood of suffering imminent severe, irreversible brain damage | ||
or imminent severe, irreversible paralysis; [ |
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(19) performs an abortion on an unemancipated minor | ||
without the written consent of the child's parent, managing | ||
conservator, or legal guardian or without a court order, as | ||
provided by Section 33.003 or 33.004, Family Code, authorizing the | ||
minor to consent to the abortion, unless the physician concludes | ||
that on the basis of the physician's good faith clinical judgment, a | ||
condition exists that complicates the medical condition of the | ||
pregnant minor and necessitates the immediate abortion of her | ||
pregnancy to avert her death or to avoid a serious risk of | ||
substantial impairment of a major bodily function and that there is | ||
insufficient time to obtain the consent of the child's parent, | ||
managing conservator, or legal guardian; or | ||
(20) performs or induces or attempts to perform or | ||
induce an abortion in violation of Subchapter C, Chapter 171, | ||
Health and Safety Code. | ||
SECTION 5. Section 164.055(b), Occupations Code, is amended | ||
to read as follows: | ||
(b) The sanctions provided by Subsection (a) are in addition | ||
to any other grounds for refusal to admit persons to examination | ||
under this subtitle or to issue a license or renew a license to | ||
practice medicine under this subtitle. The criminal penalties | ||
provided by Section 165.152 do not apply to a violation of Section | ||
170.002 or Subchapter C, Chapter 171, Health and Safety Code. | ||
SECTION 6. This Act may not be construed to repeal, by | ||
implication or otherwise, Section 164.052(a)(18), Occupations | ||
Code, Section 170.002, Health and Safety Code, or any other | ||
provision of Texas law regulating or restricting abortion not | ||
specifically addressed by this Act. An abortion that complies with | ||
this Act but violates any other law is unlawful. An abortion that | ||
complies with another state law but violates this Act is unlawful as | ||
provided in this Act. | ||
SECTION 7. (a) If some or all of the provisions of this Act | ||
are ever temporarily or permanently restrained or enjoined by | ||
judicial order, all other provisions of Texas law regulating or | ||
restricting abortion shall be enforced as though the restrained or | ||
enjoined provisions had not been adopted; provided, however, that | ||
whenever the temporary or permanent restraining order or injunction | ||
is stayed or dissolved, or otherwise ceases to have effect, the | ||
provisions shall have full force and effect. | ||
(b) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in | ||
which in the context of determining the severability of a state | ||
statute regulating abortion the United States Supreme Court noted | ||
that an explicit statement of legislative intent specifically made | ||
applicable to a particular statute is of greater weight than a | ||
general savings or severability clause, it is the intent of the | ||
legislature that if any provision, section, subsection, sentence, | ||
clause, phrase, or word of this Act or the application thereof to | ||
any person or circumstance is found to be unconstitutional, the | ||
provision, section, subsection, sentence, clause, phrase, or word | ||
is hereby declared to be severable and the balance of this Act | ||
remains effective notwithstanding such unconstitutionality. | ||
Moreover, the legislature declares that it would have passed this | ||
Act, and each provision, section, subsection, sentence, clause, | ||
phrase, or word thereof, irrespective of the fact that any | ||
provision, section, subsection, sentence, clause, phrase, or word, | ||
or any of their applications, were to be declared unconstitutional. | ||
SECTION 8. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |