87(R) HB 1280 - Enrolled version - Bill Text
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AN ACT
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relating to prohibition of abortion; providing a civil penalty; |
 
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creating a criminal offense. |
 
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
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             SECTION  1.    This Act may be cited as the Human Life |
 
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Protection Act of 2021. |
 
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             SECTION  2.    Subtitle H, Title 2, Health and Safety Code, is |
 
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amended by adding Chapter 170A to read as follows: |
 
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CHAPTER 170A. PERFORMANCE OF ABORTION |
 
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             Sec.  170A.001.    DEFINITIONS. In this chapter: |
 
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                         (1)    "Abortion" has the meaning assigned by Section |
 
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245.002. |
 
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                         (2)    "Fertilization" means the point in time when a |
 
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male human sperm penetrates the zona pellucida of a female human |
 
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ovum. |
 
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                         (3)    "Pregnant" means the female human reproductive |
 
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condition of having a living unborn child within the female's body |
 
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during the entire embryonic and fetal stages of the unborn child's |
 
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development from fertilization until birth. |
 
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                         (4)    "Reasonable medical judgment" means a medical |
 
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judgment made by a reasonably prudent physician, knowledgeable |
 
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about a case and the treatment possibilities for the medical |
 
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conditions involved. |
 
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                         (5)    "Unborn child" means an individual living member |
 
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of the homo sapiens species from fertilization until birth, |
 
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including the entire embryonic and fetal stages of development. |
 
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             Sec.  170A.002.    PROHIBITED ABORTION; EXCEPTIONS. (a) A |
 
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person may not knowingly perform, induce, or attempt an abortion. |
 
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             (b)    The prohibition under Subsection (a) does not apply if: |
 
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                         (1)    the person performing, inducing, or attempting the |
 
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abortion is a licensed physician; |
 
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                         (2)    in the exercise of reasonable medical judgment, |
 
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the pregnant female on whom the abortion is performed, induced, or |
 
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attempted has a life-threatening physical condition aggravated by, |
 
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caused by, or arising from a pregnancy that places the female at |
 
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risk of death or poses a serious risk of substantial impairment of a |
 
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major bodily function unless the abortion is performed or induced; |
 
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and |
 
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                         (3)    the person performs, induces, or attempts the |
 
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abortion in a manner that, in the exercise of reasonable medical |
 
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judgment, provides the best opportunity for the unborn child to |
 
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survive unless, in the reasonable medical judgment, that manner |
 
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would create: |
 
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                                     (A)    a greater risk of the pregnant female's |
 
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death; or |
 
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                                     (B)    a serious risk of substantial impairment of a |
 
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major bodily function of the pregnant female. |
 
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             (c)    A physician may not take an action authorized under |
 
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Subsection (b) if, at the time the abortion was performed, induced, |
 
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or attempted, the person knew the risk of death or a substantial |
 
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impairment of a major bodily function described by Subsection |
 
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(b)(2) arose from a claim or diagnosis that the female would engage |
 
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in conduct that might result in the female's death or in substantial |
 
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impairment of a major bodily function. |
 
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             (d)    Medical treatment provided to the pregnant female by a |
 
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licensed physician that results in the accidental or unintentional |
 
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injury or death of the unborn child does not constitute a violation |
 
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of this section. |
 
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             Sec.  170A.003.    CONSTRUCTION OF CHAPTER. This chapter may |
 
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not be construed to authorize the imposition of criminal, civil, or |
 
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administrative liability or penalties on a pregnant female on whom |
 
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an abortion is performed, induced, or attempted. |
 
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             Sec.  170A.004.    CRIMINAL OFFENSE. (a)    A person who |
 
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violates Section 170A.002 commits an offense. |
 
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             (b)    An offense under this section is a felony of the second |
 
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degree, except that the offense is a felony of the first degree if |
 
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an unborn child dies as a result of the offense. |
 
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             Sec.  170A.005.    CIVIL PENALTY. A person who violates |
 
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Section 170A.002 is subject to a civil penalty of not less than |
 
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$100,000 for each violation. The attorney general shall file an |
 
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action to recover a civil penalty assessed under this section and |
 
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may recover attorney's fees and costs incurred in bringing the |
 
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action. |
 
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             Sec.  170A.006.    CIVIL REMEDIES UNAFFECTED. The fact that |
 
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conduct is subject to a civil or criminal penalty under this chapter |
 
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