Bill Text: TX HB309 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to prohibiting abortion when based on the sex of the unborn child; creating an offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-11 - Referred to State Affairs [HB309 Detail]
Download: Texas-2013-HB309-Introduced.html
| 83R3020 NAJ-D | ||
| By: Fletcher | H.B. No. 309 | |
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| relating to prohibiting abortion when based on the sex of the unborn | ||
| child; creating an offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 170, Health and Safety Code, is amended | ||
| by adding Sections 170.003 and 170.004 to read as follows: | ||
| Sec. 170.003. SEX-SELECTIVE ABORTION. (a) A person may not | ||
| knowingly perform or attempt to perform an abortion on a pregnant | ||
| woman knowing that the abortion is based on the sex of the pregnant | ||
| woman's unborn child. | ||
| (b) A person who violates this section commits an offense. | ||
| An offense under this section is a Class B misdemeanor. | ||
| (c) A physician who violates this section engages in | ||
| unprofessional conduct for which the physician's license may be | ||
| suspended or revoked under Chapter 164, Occupations Code. | ||
| (d) A woman on whom an abortion is performed or attempted in | ||
| violation of this section may not be prosecuted under this section | ||
| or for conspiracy to commit a violation of this section. | ||
| Sec. 170.004. CIVIL REMEDIES. (a) A civil action may be | ||
| brought against a person who violates Section 170.003 by: | ||
| (1) the woman on whom an abortion was performed or | ||
| attempted in violation of Section 170.003; | ||
| (2) the father of the unborn child of the woman on whom | ||
| the abortion was performed or attempted in violation of Section | ||
| 170.003, unless the pregnancy resulted from the father's criminal | ||
| conduct; or | ||
| (3) a maternal grandparent of an unborn child if the | ||
| woman on whom the abortion was performed or attempted in violation | ||
| of Section 170.003 was less than 18 years of age at the time of the | ||
| violation, unless the pregnancy resulted from the maternal | ||
| grandparent's criminal conduct. | ||
| (b) A person who brings an action under this section may | ||
| obtain: | ||
| (1) injunctive relief; | ||
| (2) damages incurred by the person, including: | ||
| (A) actual damages for all psychological, | ||
| emotional, and physical injuries resulting from the violation of | ||
| Section 170.003; | ||
| (B) court costs; and | ||
| (C) reasonable attorney's fees; or | ||
| (3) both injunctive relief and damages. | ||
| (c) An action for damages or injunctive relief under this | ||
| section must be filed: | ||
| (1) in a district court in the county in which the | ||
| woman on whom an abortion was performed or attempted in violation of | ||
| Section 170.003 resides; and | ||
| (2) not later than six years after the date the | ||
| abortion was performed or attempted in violation of Section | ||
| 170.003. | ||
| (d) The damages and injunctive relief authorized by this | ||
| section are in addition to any other remedy available by law. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an abortion performed or attempted on or after the effective date | ||
| of this Act. An abortion performed or attempted before the | ||
| effective date of this Act is governed by the law in effect at the | ||
| time the abortion was performed or attempted, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 3. 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, 2013. | ||
