By: Cook, et al. (Senate Sponsor - Buckingham) H.B. No. 3771
         (In the Senate - Received from the House May 15, 2017;
  May 15, 2017, read first time and referred to Committee on Health &
  Human Services; May 19, 2017, reported favorably by the following
  vote:  Yeas 5, Nays 3; May 19, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the definition of abortion.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.001(1), Family Code, is amended to
  read as follows:
               (1)  "Abortion" has the meaning assigned by Section
  245.002, Health and Safety Code [means the use of any means to
  terminate the pregnancy of a female known by the attending
  physician to be pregnant, with the intention that the termination
  of the pregnancy by those means will with reasonable likelihood
  cause the death of the fetus]. This definition, as applied in this
  chapter, [applies only to an unemancipated minor known by the
  attending physician to be pregnant and] may not be construed to
  limit a minor's access to contraceptives.
         SECTION 2.  Section 161.006(b), Family Code, is amended to
  read as follows:
         (b)  In this code, "abortion" has the meaning assigned by
  Section 245.002, Health and Safety Code [means an intentional
  expulsion of a human fetus from the body of a woman induced by any
  means for the purpose of causing the death of the fetus].
         SECTION 3.  Section 170.001(1), Health and Safety Code, is
  amended to read as follows:
               (1)  "Abortion" has the meaning assigned by Section
  245.002 [means an act involving the use of an instrument, medicine,
  drug, or other substance or device developed to terminate the
  pregnancy of a woman if the act is done with an intention other than
  to:
                     [(A)     increase the probability of a live birth of
  the unborn child of the woman;
                     [(B)  preserve the life or health of the child; or
                     [(C)  remove a dead fetus].
         SECTION 4.  Section 171.002(1), Health and Safety Code, is
  amended to read as follows:
               (1)  "Abortion" has the meaning assigned by Section
  245.002 [means the use of any means to terminate the pregnancy of a
  female known by the attending physician to be pregnant with the
  intention that the termination of the pregnancy by those means
  will, with reasonable likelihood, cause the death of the fetus].
         SECTION 5.  Section 171.061(1), Health and Safety Code, is
  amended to read as follows:
               (1)  "Abortion" has the meaning assigned by Section
  245.002.  This definition, as applied in this subchapter, may not be
  construed to apply to an act done with the intent to [means the act
  of using, administering, prescribing, or otherwise providing an
  instrument, a drug, a medicine, or any other substance, device, or
  means with the intent to terminate a clinically diagnosable
  pregnancy of a woman and with knowledge that the termination by
  those means will, with reasonable likelihood, cause the death of
  the woman's unborn child.     An act is not an abortion if the act is
  done with the intent to:
                     [(A)     save the life or preserve the health of an
  unborn child;
                     [(B)     remove a dead, unborn child whose death was
  caused by spontaneous abortion;
                     [(C)  remove an ectopic pregnancy; or
                     [(D)]  treat a maternal disease or illness for
  which a prescribed drug, medicine, or other substance is indicated.
         SECTION 6.  Section 245.002(1), Health and Safety Code, is
  amended to read as follows:
               (1)  "Abortion" means the act of using or prescribing
  an instrument, a drug, a medicine, or any other substance, device,
  or means with the intent to cause the death of an unborn child of a
  woman known to be pregnant [an act or procedure performed after
  pregnancy has been medically verified and with the intent to cause
  the termination of a pregnancy other than for the purpose of either
  the birth of a live fetus or removing a dead fetus]. The term does
  not include birth control devices or oral contraceptives.  An act is
  not an abortion if the act is done with the intent to:
                     (A)  save the life or preserve the health of an
  unborn child;
                     (B)  remove a dead, unborn child whose death was
  caused by spontaneous abortion; or
                     (C)  remove an ectopic pregnancy.
         SECTION 7.  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, 2017.
 
  * * * * *