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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.001(1), Family Code, is amended to |
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read as follows: |
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(1) "Abortion" has the meaning assigned by Section |
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245.002, Health and Safety Code [means the use of any means to
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terminate the pregnancy of a female known by the attending
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physician to be pregnant, with the intention that the termination
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of the pregnancy by those means will with reasonable likelihood
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cause the death of the fetus. This definition, as applied in this
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chapter, applies only to an unemancipated minor known by the
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attending physician to be pregnant and may not be construed to limit
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a minor's access to contraceptives]. |
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SECTION 2. Section 161.006(b), Family Code, is amended to |
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read as follows: |
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(b) In this code, "abortion" has the meaning assigned by |
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Section 245.002, Health and Safety Code [means an intentional
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expulsion of a human fetus from the body of a woman induced by any
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means for the purpose of causing the death of the fetus]. |
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SECTION 3. Section 170.001(1), Health and Safety Code, is |
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amended to read as follows: |
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(1) "Abortion" has the meaning assigned by Section |
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245.002 [means an act involving the use of an instrument, medicine,
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drug, or other substance or device developed to terminate the
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pregnancy of a woman if the act is done with an intention other than
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to:
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[(A)
increase the probability of a live birth of
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the unborn child of the woman;
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[(B) preserve the life or health of the child; or
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[(C) remove a dead fetus]. |
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SECTION 4. Section 171.002(1), Health and Safety Code, is |
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amended to read as follows: |
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(1) "Abortion" has the meaning assigned by Section |
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245.002 [means the use of any means to terminate the pregnancy of a
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female known by the attending physician to be pregnant with the
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intention that the termination of the pregnancy by those means
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will, with reasonable likelihood, cause the death of the fetus]. |
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SECTION 5. Section 171.061(1), Health and Safety Code, is |
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amended to read as follows: |
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(1) "Abortion" has the meaning assigned by Section |
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245.002 [means the act of using, administering, prescribing, or
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otherwise providing an instrument, a drug, a medicine, or any other
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substance, device, or means with the intent to terminate a
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clinically diagnosable pregnancy of a woman and with knowledge that
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the termination by those means will, with reasonable likelihood,
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cause the death of the woman's unborn child.
An act is not an
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abortion if the act is done with the intent to:
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[(A)
save the life or preserve the health of an
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unborn child;
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[(B)
remove a dead, unborn child whose death was
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caused by spontaneous abortion;
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[(C) remove an ectopic pregnancy; or
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[(D)
treat a maternal disease or illness for
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which a prescribed drug, medicine, or other substance is
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indicated]. |
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SECTION 6. Section 245.002(1), Health and Safety Code, is |
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amended to read as follows: |
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(1) "Abortion" means the act of using or prescribing |
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an instrument, a drug, a medicine, or any other substance, device, |
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or means with the intent to terminate a clinically diagnosable |
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intrauterine pregnancy of a woman, including the elimination of one |
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or more unborn children in a multifetal pregnancy, and with |
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knowledge that the termination by those means will, with reasonable |
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likelihood, cause the death of the woman's unborn child. An act is |
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not an abortion if the act is done with the intent to: |
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(A) save the life or preserve the health of an |
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unborn child; |
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(B) remove a dead, unborn child whose death was |
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caused by spontaneous abortion; or |
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(C) remove an ectopic pregnancy [an act or
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procedure performed after pregnancy has been medically verified and
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with the intent to cause the termination of a pregnancy other than
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for the purpose of either the birth of a live fetus or removing a
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dead fetus. The term does not include birth control devices or oral
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contraceptives]. |
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SECTION 7. 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 September 1, 2017. |