| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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. |