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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting abortion that is based on the sex of the |
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unborn child; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 170, Health and Safety Code, is amended |
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by adding Sections 170.003 and 170.004 to read as follows: |
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Sec. 170.003. SEX-SELECTIVE ABORTION. (a) A person may |
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not: |
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(1) knowingly perform or attempt to perform on a |
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pregnant woman an abortion that is based on the sex of the pregnant |
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woman's unborn child; or |
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(2) use force or the threat of force to intentionally |
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injure or intimidate a person in order to coerce the performance or |
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attempted performance of an abortion that is based on the sex of the |
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pregnant woman's unborn child. |
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(b) A person other than a physician who violates this |
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section commits an offense. An offense under this section is a |
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Class B misdemeanor. |
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(c) A physician who violates Subsection (a)(1) engages in |
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unprofessional conduct for which the physician's license may be |
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suspended or revoked under Chapter 164, Occupations Code. |
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(d) A physician who violates Subsection (a)(2) commits an |
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offense. An offense under this subsection is a misdemeanor |
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punishable by a fine not to exceed $10,000. |
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(e) A woman on whom an abortion is performed or attempted in |
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violation of this section may not be prosecuted under this section |
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or for conspiracy to commit a violation of this section. |
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Sec. 170.004. CIVIL REMEDIES. (a) A civil action may be |
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brought against a person who violates Section 170.003 by: |
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(1) the woman on whom an abortion was performed or |
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attempted in violation of Section 170.003; |
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(2) the father of the unborn child of the woman on whom |
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the abortion was performed or attempted in violation of Section |
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170.003, unless the pregnancy resulted from the father's criminal |
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conduct; or |
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(3) a maternal grandparent of an unborn child if the |
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woman on whom the abortion was performed or attempted in violation |
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of Section 170.003 was less than 18 years of age at the time of the |
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violation, unless the pregnancy resulted from the maternal |
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grandparent's criminal conduct. |
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(b) A person who brings an action under this section may |
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obtain: |
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(1) injunctive relief; |
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(2) damages incurred by the person, including: |
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(A) actual damages for all psychological, |
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emotional, and physical injuries resulting from the violation of |
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Section 170.003; |
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(B) court costs; and |
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(C) reasonable attorney's fees; or |
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(3) both injunctive relief and damages. |
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(c) An action for damages or injunctive relief under this |
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section must be filed: |
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(1) in a district court in the county in which the |
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woman on whom an abortion was performed or attempted in violation of |
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Section 170.003 resides; and |
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(2) not later than the sixth anniversary of the date |
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the abortion was performed or attempted in violation of Section |
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170.003. |
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(d) The damages and injunctive relief authorized by this |
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section are in addition to any other remedy available by law. |
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SECTION 2. The change in law made by this Act applies only |
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to an abortion performed or attempted on or after the effective date |
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of this Act. An abortion performed or attempted before the |
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effective date of this Act is governed by the law in effect at the |
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time the abortion was performed or attempted, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |