|
|
|
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 [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 terminate a clinically diagnosable |
|
intrauterine pregnancy of a woman, including the elimination of one |
|
or more unborn children in a multifetal pregnancy, 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; or |
|
(C) remove an ectopic pregnancy [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]. |
|
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. |