|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a prohibition on the performance of dismemberment |
|
abortions; providing penalties; creating a criminal offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 171, Health and Safety Code, is amended |
|
by adding Subchapter F to read as follows: |
|
SUBCHAPTER F. DISMEMBERMENT ABORTIONS |
|
Sec. 171.101. DEFINITION. In this subchapter, |
|
"dismemberment abortion" means an abortion in which a person, with |
|
the purpose of causing the death of an unborn child, dismembers the |
|
unborn child and extracts the unborn child one piece at a time from |
|
the uterus through the use of clamps, grasping forceps, tongs, |
|
scissors, or a similar instrument that, through the convergence of |
|
two rigid levers, slices, crushes, or grasps, or performs any |
|
combination of those actions on, a piece of the unborn child's body |
|
to cut or rip the piece from the body. The term does not include an |
|
abortion that uses suction to dismember the body of an unborn child |
|
by sucking pieces of the unborn child into a collection container. |
|
The term includes a dismemberment abortion that is used to cause the |
|
death of an unborn child and in which suction is subsequently used |
|
to extract pieces of the unborn child after the unborn child's |
|
death. |
|
Sec. 171.102. DISMEMBERMENT ABORTIONS PROHIBITED. (a) A |
|
person may not intentionally perform a dismemberment abortion |
|
unless the dismemberment abortion is necessary in a medical |
|
emergency. |
|
(b) A woman on whom a dismemberment abortion is performed, |
|
an employee or agent acting under the direction of a physician who |
|
performs a dismemberment abortion, or a person who fills a |
|
prescription or provides equipment used in a dismemberment abortion |
|
does not violate Subsection (a). |
|
Sec. 171.103. CRIMINAL PENALTY. (a) A person who violates |
|
Section 171.102 commits an offense. |
|
(b) An offense under this section is a state jail felony. |
|
Sec. 171.104. CONSTRUCTION OF SUBCHAPTER. (a) This |
|
subchapter shall be construed, as a matter of state law, to be |
|
enforceable to the maximum possible extent consistent with but not |
|
further than federal constitutional requirements, even if that |
|
construction is not readily apparent, as such constructions are |
|
authorized only to the extent necessary to save the subchapter from |
|
judicial invalidation. Judicial reformation of statutory language |
|
is explicitly authorized only to the extent necessary to save the |
|
statutory provision from invalidity. |
|
(b) If any court determines that a provision of this |
|
subchapter is unconstitutionally vague, the court shall interpret |
|
the provision, as a matter of state law, to avoid the vagueness |
|
problem and shall enforce the provision to the maximum possible |
|
extent. If a federal court finds any provision of this subchapter |
|
or its application to any person, group of persons, or |
|
circumstances to be unconstitutionally vague and declines to impose |
|
the saving construction described by this subsection, the Supreme |
|
Court of Texas shall provide an authoritative construction of the |
|
objectionable statutory provisions that avoids the constitutional |
|
problems while enforcing the statute's restrictions to the maximum |
|
possible extent and shall agree to answer any question certified |
|
from a federal appellate court regarding the statute. |
|
(c) A state executive or administrative official may not |
|
decline to enforce this subchapter, or adopt a construction of this |
|
subchapter in a way that narrows its applicability, based on the |
|
official's own beliefs concerning the requirements of the state or |
|
federal constitution, unless the official is enjoined by a state or |
|
federal court from enforcing this subchapter. |
|
(d) This subchapter may not be construed to: |
|
(1) authorize the prosecution of or a cause of action |
|
to be brought against a woman on whom an abortion is performed or |
|
induced in violation of this subchapter; or |
|
(2) create or recognize a right to abortion or a right |
|
to a particular method of abortion. |
|
SECTION 2. 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 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; |
|
(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, unless the |
|
abortion is necessary due to a medical emergency, as defined by |
|
Section 171.002, Health and Safety Code; |
|
(20) otherwise performs an abortion on an |
|
unemancipated minor in violation of Chapter 33, Family Code; [or] |
|
(21) performs or induces or attempts to perform or |
|
induce an abortion in violation of Subchapter C, Chapter 171, |
|
Health and Safety Code; or |
|
(22) performs a dismemberment abortion in violation of |
|
Subchapter F, Chapter 171, Health and Safety Code. |
|
SECTION 3. Section 164.055(b), Occupations Code, is amended |
|
to read as follows: |
|
(b) The sanctions provided by Subsection (a) are in addition |
|
to any other grounds for refusal to admit persons to examination |
|
under this subtitle or to issue a license or renew a license to |
|
practice medicine under this subtitle. The criminal penalties |
|
provided by Section 165.152 do not apply to a violation of Section |
|
170.002, Health and Safety Code, or Subchapter C or F, Chapter 171, |
|
Health and Safety Code. |
|
SECTION 4. (a) If some or all of the provisions of this Act |
|
are ever temporarily or permanently restrained or enjoined by |
|
judicial order, all other provisions of Texas law regulating or |
|
restricting abortion shall be enforced as though the restrained or |
|
enjoined provisions had not been adopted; provided, however, that |
|
whenever the temporary or permanent restraining order or injunction |
|
is stayed or dissolved, or otherwise ceases to have effect, the |
|
provisions shall have full force and effect. |
|
(b) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in |
|
which in the context of determining the severability of a state |
|
statute regulating abortion the United States Supreme Court held |
|
that an explicit statement of legislative intent is controlling, it |
|
is the intent of the legislature that every provision, section, |
|
subsection, sentence, clause, phrase, or word in this Act, and |
|
every application of the provisions in this Act, are severable from |
|
each other. If any application of any provision in this Act to any |
|
person, group of persons, or circumstances is found by a court to be |
|
invalid, the remaining applications of that provision to all other |
|
persons and circumstances shall be severed and may not be affected. |
|
All constitutionally valid applications of this Act shall be |
|
severed from any applications that a court finds to be invalid, |
|
leaving the valid applications in force, because it is the |
|
legislature's intent and priority that the valid applications be |
|
allowed to stand alone. Even if a reviewing court finds a provision |
|
of this Act to impose an undue burden in a large or substantial |
|
fraction of relevant cases, the applications that do not present an |
|
undue burden shall be severed from the remaining provisions and |
|
shall remain in force, and shall be treated as if the legislature |
|
had enacted a statute limited to the persons, group of persons, or |
|
circumstances for which the statute's application does not present |
|
an undue burden. The legislature further declares that it would |
|
have passed this Act, and each provision, section, subsection, |
|
sentence, clause, phrase, or word, and all constitutional |
|
applications of this Act, irrespective of the fact that any |
|
provision, section, subsection, sentence, clause, phrase, or word, |
|
or applications of this Act, were to be declared unconstitutional |
|
or to represent an undue burden. |
|
(c) If any provision of this Act is found by any court to be |
|
unconstitutionally vague, then the applications of that provision |
|
that do not present constitutional vagueness problems shall be |
|
severed and remain in force. |
|
SECTION 5. The change in law made by this Act applies only |
|
to an abortion performed on or after the effective date of this Act. |
|
An abortion performed before the effective date of this Act is |
|
governed by the law in effect on the date the abortion was |
|
performed, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 6. 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. |