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A BILL TO BE ENTITLED
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AN ACT
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relating to human trafficking signs at abortion facilities and |
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offenses associated with human trafficking and forced abortion; |
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increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 245, Health and Safety Code, is amended |
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by adding Section 245.025 to read as follows: |
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Sec. 245.025. HUMAN TRAFFICKING SIGNS REQUIRED. (a) An |
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abortion facility shall display separate signs, in English, |
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Spanish, and any additional language as required by Subsection (b), |
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side by side in accordance with this section in each restroom and |
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patient consulting room. The signs must include the following |
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information: |
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(1) no person, including an individual's parents, may |
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force any individual to have an abortion; |
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(2) it is illegal for a person to force an individual |
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to engage in sexual acts; |
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(3) a woman who needs help may call or text a state or |
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national organization that assists victims of human trafficking and |
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forced abortions; and |
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(4) the toll-free number of an organization described |
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by Subdivision (3). |
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(b) Signs required under this section must be in English and |
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Spanish. If an abortion facility is located in a political |
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subdivision required to provide election materials in a language |
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other than English or Spanish under Section 272.011, Election Code, |
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the facility shall display a separate sign in that language. |
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(c) Signs required under this section must be at least 8-1/2 |
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by 11 inches in size and displayed in a conspicuous manner clearly |
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visible to the public and employees of an abortion facility. The |
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notice must cover at least four-fifths of the sign. |
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(d) The executive commissioner shall adopt rules as |
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necessary to implement and enforce this section. |
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SECTION 2. Section 20A.02(b), Penal Code, is amended to |
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read as follows: |
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(b) Except as otherwise provided by this subsection, an |
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offense under this section is a felony of the second degree. An |
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offense under this section is a felony of the first degree if: |
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(1) the applicable conduct constitutes an offense |
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under Subsection (a)(5), (6), (7), or (8), regardless of whether |
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the actor knows the age of the child at the time the actor commits |
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the offense; [or] |
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(2) the commission of the offense results in the death |
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of the person who is trafficked; or |
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(3) the commission of the offense results in the death |
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of an unborn child of the person who is trafficked. |
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SECTION 3. Sections 22.01(b) and (c), Penal Code, are |
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amended to read as follows: |
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(b) An offense under Subsection (a)(1) is a Class A |
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misdemeanor, except that the offense is a felony of the third degree |
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if the offense is committed against: |
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(1) a person the actor knows is a public servant while |
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the public servant is lawfully discharging an official duty, or in |
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retaliation or on account of an exercise of official power or |
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performance of an official duty as a public servant; |
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(2) a person whose relationship to or association with |
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the defendant is described by Section 71.0021(b), 71.003, or |
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71.005, Family Code, if: |
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(A) it is shown on the trial of the offense that |
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the defendant has been previously convicted of an offense under |
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this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 |
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against a person whose relationship to or association with the |
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defendant is described by Section 71.0021(b), 71.003, or 71.005, |
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Family Code; or |
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(B) the offense is committed by intentionally, |
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knowingly, or recklessly impeding the normal breathing or |
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circulation of the blood of the person by applying pressure to the |
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person's throat or neck or by blocking the person's nose or mouth; |
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(3) a person who contracts with government to perform |
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a service in a facility as defined by Section 1.07(a)(14), Penal |
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Code, or Section 51.02(13) or (14), Family Code, or an employee of |
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that person: |
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(A) while the person or employee is engaged in |
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performing a service within the scope of the contract, if the actor |
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knows the person or employee is authorized by government to provide |
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the service; or |
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(B) in retaliation for or on account of the |
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person's or employee's performance of a service within the scope of |
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the contract; |
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(4) a person the actor knows is a security officer |
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while the officer is performing a duty as a security officer; [or] |
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(5) a person the actor knows is emergency services |
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personnel while the person is providing emergency services; or |
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(6) a pregnant individual to force the individual to |
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have an abortion. |
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(c) An offense under Subsection (a)(2) or (3) is a Class C |
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misdemeanor, except that the offense is: |
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(1) a Class A misdemeanor if the offense is committed |
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under Subsection (a)(3) against an elderly individual or disabled |
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individual, as those terms are defined by Section 22.04; [or] |
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(2) a Class B misdemeanor if the offense is committed |
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by a person who is not a sports participant against a person the |
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actor knows is a sports participant either: |
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(A) while the participant is performing duties or |
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responsibilities in the participant's capacity as a sports |
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participant; or |
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(B) in retaliation for or on account of the |
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participant's performance of a duty or responsibility within the |
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participant's capacity as a sports participant; or |
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(3) a Class A misdemeanor if the offense is committed |
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against a pregnant individual to force the individual to have an |
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abortion. |
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SECTION 4. (a) Not later than December 1, 2017, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt the rules necessary to implement Section 245.025, |
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Health and Safety Code, as added by this Act. |
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(b) An abortion facility is not required to comply with |
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Section 245.025, Health and Safety Code, as added by this Act, |
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before January 1, 2018. |
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SECTION 5. Sections 20A.02 and 22.01, Penal Code, as |
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amended by this Act, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and that law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense was committed before that date. |
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SECTION 6. This Act takes effect September 1, 2017. |