85R6552 E
 
  By: Tinderholt H.B. No. 948
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting abortion and recognizing the rights,
  powers, and privileges of all unborn children at every stage of
  gestation from fertilization until birth; affecting criminal
  offenses and penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Abolition of
  Abortion in Texas Act.
         SECTION 2.  Section 151.002(a), Family Code, is amended to
  read as follows:
         (a)  A living human child, from the moment of fertilization
  upon the fusion of a human spermatozoon with a human ovum, [born
  alive after an abortion or premature birth] is entitled to the same
  rights, powers, and privileges as are secured or granted by the laws
  of this state to any other human child [born alive after the normal
  gestation period].
         SECTION 3.  Subchapter B, Chapter 402, Government Code, is
  amended by adding Section 402.0375 to read as follows:
         Sec. 402.0375.  ABORTION PROHIBITION ENFORCEMENT. The
  attorney general shall monitor this state's enforcement of Chapter
  19, Penal Code, in relation to abortion. The attorney general shall
  direct state agencies to enforce those laws regardless of any
  contrary or conflicting federal statutes, regulations, executive
  orders, or court decisions.
         SECTION 4.  Chapter 370, Local Government Code, is amended
  by adding Section 370.007 to read as follows:
         Sec. 370.007.  ABORTION PROHIBITION ENFORCEMENT. The
  governing body of a political subdivision of this state shall
  ensure that the political subdivision enforces Chapter 19, Penal
  Code, in relation to abortion regardless of any contrary or
  conflicting federal statutes, regulations, executive orders, or
  court decisions.
         SECTION 5.  Section 19.06, Penal Code, is amended to read as
  follows:
         Sec. 19.06.  APPLICABILITY TO CERTAIN CONDUCT.
  Notwithstanding any other provision of law, this [This] chapter
  applies [does not apply] to the death of an unborn child even if the
  conduct charged is:
               (1)  conduct committed by the mother of the unborn
  child;
               (2)  a [lawful medical] procedure performed by a
  physician or other licensed health care provider [with the
  requisite consent], if the death of the unborn child was the
  intended result of the procedure;
               (3)  a [lawful medical] procedure performed by a
  physician or other licensed health care provider [with the
  requisite consent] as part of an assisted reproduction as defined
  by Section 160.102, Family Code, if the death of the unborn child
  was the intended result of the procedure; or
               (4)  the dispensation of a drug [in accordance with
  law] or administration of a drug, if the death of the unborn child
  is an intended result of using the drug [prescribed in accordance
  with law].
         SECTION 6.  Section 22.12, Penal Code, is amended to read as
  follows:
         Sec. 22.12.  APPLICABILITY TO CERTAIN CONDUCT.
  Notwithstanding any other provision of law, this [This] chapter
  applies [does not apply] to conduct charged as having been
  committed against an individual who is an unborn child even if the
  conduct is:
               (1)  committed by the mother of the unborn child;
               (2)  a [lawful medical] procedure performed by a
  physician or other health care provider, if the death of the unborn
  child was the intended result of the procedure [with the requisite
  consent];
               (3)  a [lawful medical] procedure performed by a
  physician or other licensed health care provider [with the
  requisite consent] as part of an assisted reproduction as defined
  by Section 160.102, Family Code, if the death of the unborn child
  was the intended result of the procedure; or
               (4)  the dispensation of a drug [in accordance with
  law] or administration of a drug, if the death of the unborn child
  is an intended result of using the drug [prescribed in accordance
  with law].
         SECTION 7.  The heading to Chapter 370, Local Government
  Code, is amended to read as follows:
  CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
  COUNTY] HEALTH AND PUBLIC SAFETY FOR MORE THAN ONE TYPE OF LOCAL
  GOVERNMENT
         SECTION 8.  The following provisions are repealed:
               (1)  Section 71.003(c), Civil Practice and Remedies
  Code;
               (2)  Section 151.002(b), Family Code;
               (3)  Section 103.002(b), Occupations Code;
               (4)  Section 20.01(5), Penal Code; and
               (5)  Section 49.12, Penal Code.
         SECTION 9.  NOT RETROACTIVE. (a) The changes in law made by
  this Act apply only to conduct that occurs on or after the effective
  date of this Act. Conduct that occurs before the effective date of
  this Act is governed by the law in effect immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         (b)  The changes in law made by this Act apply only to an
  offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect when the offense was committed, and the former
  law is continued in effect for that purpose. For purposes of this
  subsection, an offense is committed before the effective date of
  this Act if any element of the offense occurs before the effective
  date.
         SECTION 10.  Any federal statute, regulation, executive
  order, or court decision which purports to supersede, stay, or
  overrule this Act is in violation of the Texas Constitution and the
  Constitution of the United States of America and is therefore void.
  The State of Texas and its political subdivisions, and agents
  thereof, may not enter an appearance, special or otherwise, in any
  federal suit challenging this Act.
         SECTION 11.  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 on the 91st day after the last day of
  the legislative session.