83S20040 AED-D
 
  By: Fletcher H.B. No. 17
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting abortion that is based on the sex of the
  unborn child; creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 170, Health and Safety Code, is amended
  by adding Sections 170.003 and 170.004 to read as follows:
         Sec. 170.003.  SEX-SELECTIVE ABORTION. (a) A person may
  not:
               (1)  knowingly perform or attempt to perform on a
  pregnant woman an abortion that is based on the sex of the pregnant
  woman's unborn child; or
               (2)  use force or the threat of force to intentionally
  injure or intimidate a person in order to coerce the performance or
  attempted performance of an abortion that is based on the sex of the
  pregnant woman's unborn child.
         (b)  A person other than a physician who violates this
  section commits an offense. An offense under this section is a
  Class B misdemeanor.
         (c)  A physician who violates Subsection (a)(1) engages in
  unprofessional conduct for which the physician's license may be
  suspended or revoked under Chapter 164, Occupations Code.
         (d)  A physician who violates Subsection (a)(2) commits an
  offense.  An offense under this subsection is a misdemeanor
  punishable by a fine not to exceed $10,000.
         (e)  A woman on whom an abortion is performed or attempted in
  violation of this section may not be prosecuted under this section
  or for conspiracy to commit a violation of this section.
         Sec. 170.004.  CIVIL REMEDIES. (a) A civil action may be
  brought against a person who violates Section 170.003 by:
               (1)  the woman on whom an abortion was performed or
  attempted in violation of Section 170.003;
               (2)  the father of the unborn child of the woman on whom
  the abortion was performed or attempted in violation of Section
  170.003, unless the pregnancy resulted from the father's criminal
  conduct; or
               (3)  a maternal grandparent of an unborn child if the
  woman on whom the abortion was performed or attempted in violation
  of Section 170.003 was less than 18 years of age at the time of the
  violation, unless the pregnancy resulted from the maternal
  grandparent's criminal conduct.
         (b)  A person who brings an action under this section may
  obtain:
               (1)  injunctive relief;
               (2)  damages incurred by the person, including:
                     (A)  actual damages for all psychological,
  emotional, and physical injuries resulting from the violation of
  Section 170.003;
                     (B)  court costs; and
                     (C)  reasonable attorney's fees; or
               (3)  both injunctive relief and damages.
         (c)  An action for damages or injunctive relief under this
  section must be filed:
               (1)  in a district court in the county in which the
  woman on whom an abortion was performed or attempted in violation of
  Section 170.003 resides; and
               (2)  not later than the sixth anniversary of the date
  the abortion was performed or attempted in violation of Section
  170.003.
         (d)  The damages and injunctive relief authorized by this
  section are in addition to any other remedy available by law.
         SECTION 2.  The change in law made by this Act applies only
  to an abortion performed or attempted on or after the effective date
  of this Act. An abortion performed or attempted before the
  effective date of this Act is governed by the law in effect at the
  time the abortion was performed or attempted, and the former law is
  continued in effect for that purpose.
         SECTION 3.  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 on the 91st day after the last day of the
  legislative session.