82R3425 YDB-D
	By: Parker	H.B. No. 2988

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting abortion except when medically necessary.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 170, Health and Safety
	Code, is amended to read as follows:
	CHAPTER 170. ABORTION PROHIBITED [ACTS REGARDING ABORTION]
	SECTION 2.  Section 170.002, Health and Safety Code, is
	amended to read as follows:
	Sec. 170.002.  ABORTION PROHIBITED [ACTS]; EXEMPTION. (a)
	Except as provided by Subsection (b), a person may not
	intentionally or knowingly perform an abortion on a woman who is
	pregnant [with a viable unborn child during the third trimester of
	the pregnancy].
	(b)  Subsection (a) does not prohibit a person from
	performing an abortion if at the time of the abortion the person is
	a physician and concludes in good faith according to the
	physician's best medical judgment that[:
	[(1)     the fetus is not a viable fetus and the pregnancy
	is not in the third trimester;
	[(2)]  the abortion is necessary to prevent the death
	or a substantial risk of serious impairment to the physical [or
	mental] health of the woman[; or
	[(3)     the fetus has a severe and irreversible
	abnormality, identified by reliable diagnostic procedures].
	(c)  A physician who performs an abortion [that, according to
	the physician's best medical judgment at the time of the abortion,
	is to abort a viable unborn child during the third trimester of the
	pregnancy] shall certify in writing to the department, on a form
	prescribed by the department, the medical indications supporting
	the physician's judgment that the abortion was authorized by
	Subsection (b) [(b)(2) or (3)]. The certification must be made not
	later than the 30th day after the date the abortion was performed.
	SECTION 3.  Chapter 33, Family Code, is amended by adding
	Section 33.0011 to read as follows:
	Sec. 33.0011.  PROHIBITED ABORTION NOT AUTHORIZED. This
	chapter may not be construed to authorize the performance of an
	abortion prohibited under Chapter 170, Health and Safety Code.
	SECTION 4.  Sections 33.002(a), (d), (e), (f), and (i),
	Family Code, are amended to read as follows:
	(a)  A physician may not perform an abortion on a pregnant
	unemancipated minor unless:
	(1)  the physician performing the abortion gives at
	least 48 hours actual notice, in person or by telephone, of the
	physician's intent to perform the abortion to and, in accordance
	with Section 164.052, Occupations Code, obtains written consent
	from:
	(A)  a parent of the minor, if the minor has no
	managing conservator or guardian; or
	(B)  a court-appointed managing conservator or
	guardian; or
	(2)  [the judge of a court having probate jurisdiction,
	the judge of a county court at law, the judge of a district court,
	including a family district court, or a court of appellate
	jurisdiction issues an order authorizing the minor to consent to
	the abortion as provided by Section 33.003 or 33.004;
	[(3)     a probate court, county court at law, district
	court, including a family district court, or court of appeals, by
	its inaction, constructively authorizes the minor to consent to the
	abortion as provided by Section 33.003 or 33.004; or
	[(4)]  the physician performing the abortion:
	(A)  concludes that on the basis of the
	physician's good faith clinical judgment, a condition exists that
	complicates the medical condition of the pregnant minor and
	necessitates the immediate abortion of her pregnancy to avert her
	death or to avoid a serious risk of substantial and irreversible
	impairment of a major bodily function and that there is
	insufficient time to provide the notice and obtain the consent of
	the minor's parent, managing conservator, or guardian; and
	(B)  certifies in writing to the [Texas]
	Department of State Health Services and in the patient's medical
	record the medical indications supporting the physician's judgment
	that the circumstances described by Paragraph (A) exist.
	(d)  A physician may execute for inclusion in the minor's
	medical record an affidavit stating that, according to the best
	information and belief of the physician, notice [or constructive
	notice] has been provided as required by this section. Execution of
	an affidavit under this subsection creates a presumption that the
	notice requirements of this section have been satisfied.
	(e)  The [Texas] Department of State Health Services shall
	prepare a form to be used for making the certification required by
	Subsection (a)(2) [(a)(4)].
	(f)  A certification required by Subsection (a)(2) [(a)(4)]
	is confidential and privileged and is not subject to disclosure
	under Chapter 552, Government Code, or to discovery, subpoena, or
	other legal process. Personal or identifying information about the
	minor, including her name, address, or social security number, may
	not be included in a certification under Subsection (a)(2)
	[(a)(4)]. The physician must keep the medical records on the minor
	in compliance with the rules adopted by the Texas [State Board of]
	Medical Board [Examiners] under Section 153.003, Occupations Code.
	(i)  In relation to the trial of an offense under this
	section in which the conduct charged involves a conclusion made by
	the physician under Subsection (a)(2) [(a)(4)], the defendant may
	seek a hearing before the Texas [State Board of] Medical Board
	[Examiners] on whether the physician's conduct was necessary to
	avert the death of the minor or to avoid a serious risk of
	substantial and irreversible impairment of a major bodily function.
	The findings of the Texas [State Board of] Medical Board
	[Examiners] under this subsection are admissible on that issue in
	the trial of the defendant. Notwithstanding any other reason for a
	continuance provided under the Code of Criminal Procedure or other
	law, on motion of the defendant, the court shall delay the beginning
	of the trial for not more than 30 days to permit a hearing under this
	subsection to take place.
	SECTION 5.  Section 33.008(b), Family Code, is amended to
	read as follows:
	(b)  The Department of Family and Protective [and
	Regulatory] Services shall investigate suspected abuse reported
	under this section [and, if appropriate, shall assist the minor in
	making an application with a court under Section 33.003].
	SECTION 6.  Section 33.010, Family Code, is amended to read
	as follows:
	Sec. 33.010.  CONFIDENTIALITY. Notwithstanding any other
	law, information obtained by the Department of Family and
	Protective Services or another entity under Section 33.008 [or
	33.009] is confidential except to the extent necessary to prove a
	violation of Section 21.02, 22.011, 22.021, or 25.02, Penal Code.
	SECTION 7.  Section 419.908(c), Government Code, as added by
	Chapter 994 (H.B. 3866), Acts of the 81st Legislature, Regular
	Session, 2009, is amended to read as follows:
	(c)  This section does not apply to state agency personnel
	who conduct a life safety code survey of a building or facility in
	connection with determining whether to issue or renew a license
	under Chapter 142, 241, 242, 243, 244, [245,] 247, 248, 251, 252,
	464, 466, or 577, Health and Safety Code, or Chapter 103, Human
	Resources Code.
	SECTION 8.  Section 248.003, Health and Safety Code, is
	amended to read as follows:
	Sec. 248.003.  EXEMPTIONS. This chapter does not apply to:
	(1)  a home and community support services agency
	required to be licensed under Chapter 142;
	(2)  a person required to be licensed under Chapter 241
	(Texas Hospital Licensing Law);
	(3)  an institution required to be licensed under
	Chapter 242;
	(4)  an ambulatory surgical center required to be
	licensed under Chapter 243 (Texas Ambulatory Surgical Center
	Licensing Act);
	(5)  a birthing center required to be licensed under
	Chapter 244 (Texas Birthing Center Licensing Act);
	(6)  [a facility required to be licensed under Chapter
	245 (Texas Abortion Facility Reporting and Licensing Act);
	[(7)]  a child care institution, foster group home,
	foster family home, and child-placing agency, for children in
	foster care or other residential care who are under the
	conservatorship of the Department of Family and Protective [and
	Regulatory] Services; or
	(7) [(8)]  a person providing medical or nursing care
	or services under a license or permit issued under other state law.
	SECTION 9.  Section 164.052(a), Occupations Code, is amended
	to read as follows:
	(a)  A physician or an applicant for a license to practice
	medicine commits a prohibited practice if that person:
	(1)  submits to the board a false or misleading
	statement, document, or certificate in an application for a
	license;
	(2)  presents to the board a license, certificate, or
	diploma that was illegally or fraudulently obtained;
	(3)  commits fraud or deception in taking or passing an
	examination;
	(4)  uses alcohol or drugs in an intemperate manner
	that, in the board's opinion, could endanger a patient's life;
	(5)  commits unprofessional or dishonorable conduct
	that is likely to deceive or defraud the public, as provided by
	Section 164.053, or injure the public;
	(6)  uses an advertising statement that is false,
	misleading, or deceptive;
	(7)  advertises professional superiority or the
	performance of professional service in a superior manner if that
	advertising is not readily subject to verification;
	(8)  purchases, sells, barters, or uses, or offers to
	purchase, sell, barter, or use, a medical degree, license,
	certificate, or diploma, or a transcript of a license, certificate,
	or diploma in or incident to an application to the board for a
	license to practice medicine;
	(9)  alters, with fraudulent intent, a medical license,
	certificate, or diploma, or a transcript of a medical license,
	certificate, or diploma;
	(10)  uses a medical license, certificate, or diploma,
	or a transcript of a medical license, certificate, or diploma that
	has been:
	(A)  fraudulently purchased or issued;
	(B)  counterfeited; or
	(C)  materially altered;
	(11)  impersonates or acts as proxy for another person
	in an examination required by this subtitle for a medical license;
	(12)  engages in conduct that subverts or attempts to
	subvert an examination process required by this subtitle for a
	medical license;
	(13)  impersonates a physician or permits another to
	use the person's license or certificate to practice medicine in
	this state;
	(14)  directly or indirectly employs a person whose
	license to practice medicine has been suspended, canceled, or
	revoked;
	(15)  associates in the practice of medicine with a
	person:
	(A)  whose license to practice medicine has been
	suspended, canceled, or revoked; or
	(B)  who has been convicted of the unlawful
	practice of medicine in this state or elsewhere;
	(16)  performs or procures a criminal abortion, aids or
	abets in the procuring of a criminal abortion, attempts to perform
	or procure a criminal abortion, or attempts to aid or abet the
	performance or procurement of a criminal abortion;
	(17)  directly or indirectly aids or abets the practice
	of medicine by a person, partnership, association, or corporation
	that is not licensed to practice medicine by the board;
	(18)  performs an abortion on a woman who is pregnant,
	[with a viable unborn child during the third trimester of the
	pregnancy] unless[:
	[(A)]  the abortion is authorized under Section
	170.002(b), Health and Safety Code [necessary to prevent the death
	of the woman;
	[(B)     the viable unborn child has a severe,
	irreversible brain impairment; or
	[(C)     the woman is diagnosed with a significant
	likelihood of suffering imminent severe, irreversible brain damage
	or imminent severe, irreversible paralysis]; or
	(19)  performs an abortion on an unemancipated minor
	without the written consent of the child's parent, managing
	conservator, or legal guardian [or without a court order, as
	provided by Section 33.003 or 33.004, Family Code, authorizing the
	minor to consent to the abortion], unless the physician concludes
	that on the basis of the physician's good faith clinical judgment, a
	condition exists that complicates the medical condition of the
	pregnant minor and necessitates the immediate abortion of her
	pregnancy to avert her death or to avoid a serious risk of
	substantial impairment of a major bodily function and that there is
	insufficient time to obtain the consent of the child's parent,
	managing conservator, or legal guardian.
	SECTION 10.  The following provisions are repealed:
	(1)  Section 33.002(b), Family Code;
	(2)  Sections 33.003, 33.004, 33.005, 33.006, 33.007,
	33.009, and 33.011, Family Code;
	(3)  Section 170.001(3), Health and Safety Code;
	(4)  Chapter 171, Health and Safety Code; and
	(5)  Chapter 245, Health and Safety Code.
	SECTION 11.  If any provision of this Act or its application
	to any person or circumstance is held invalid, the entire Act is
	invalid, and to this end the provisions of this Act are declared to
	be nonseverable.
	SECTION 12.  The changes in law made by this Act apply only
	to an offense committed or conduct that occurs on or after the
	effective date of this Act. An offense committed or conduct that
	occurs before the effective date of this Act is governed by the law
	in effect when the offense was committed or the conduct occurred,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense is committed or conduct occurs
	before the effective date of this Act if any element of the offense
	or conduct occurs before the effective date.
	SECTION 13.  Information obtained before the effective date
	of this Act by the Department of Family and Protective Services or
	another entity under Section 33.009, Family Code, as it existed
	before the effective date of this Act, remains confidential to the
	extent provided by Section 33.010, Family Code, as it existed
	before the effective date of this Act.
	SECTION 14.  The repeal by this Act of Section 33.006, Family
	Code, does not apply to a cause of action that accrues before the
	effective date of this Act. A cause of action that accrues before
	the effective date of this Act is governed by the law as it existed
	immediately before that date, and that law is continued in effect
	for that purpose.
	SECTION 15.  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, 2011.