83R6088 AJZ-F
	By: Krause	H.B. No. 3302

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of abortion procedures; providing
	penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 33.001, Family Code, is amended by
	amending Subdivisions (1) and (2) and adding Subdivisions (3-a),
	(3-b), (4-a), (4-b), (4-c), and (4-d) to read as follows:
	(1)  "Abortion" has the meaning assigned by Section
	171.002, 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].
	(2)  "Attempt to perform an abortion" means an act or an
	omission of a statutorily required act that, under the
	circumstances as the actor believes them to be, constitutes a
	substantial step in a course of conduct planned to culminate in the
	performance of an abortion in this state. ["Fetus"   means an
	individual human organism from fertilization until birth.]
	(3-a)  "Medical emergency" means a life-threatening
	physical condition aggravated by, caused by, or arising from a
	pregnancy that, in reasonable medical judgment, places the pregnant
	woman in danger of death or at serious risk of substantial
	impairment of a major bodily function unless the abortion is
	performed immediately. No condition shall be deemed a medical
	emergency if based on a claim or diagnosis that the woman will
	engage in conduct which she intends to result in her death or in
	substantial and irreversible physical impairment of a major bodily
	function.
	(3-b)  "Perform" with respect to an abortion includes
	to induce the abortion.
	(4-a)  "Positive proof of age" means a
	government-issued document, including a birth certificate or
	driver's license or similar state-issued or federal
	government-issued identification card, that indicates a person's
	age.
	(4-b)  "Positive proof of identification" means a
	government-issued photo identification card, including a driver's
	license or similar state-issued or federal government-issued
	identification card, that a reasonable person would believe is the
	identification card of the person presenting the card.
	(4-c)  "Reasonable medical judgment" means a medical
	judgment that would be made by a reasonably prudent physician who is
	knowledgeable about a patient's case and the treatment
	possibilities for the patient related to the medical conditions
	related to the case.
	(4-d)  "Unborn child" means an individual human
	organism from fertilization until live birth.
	SECTION 2.  Chapter 33, Family Code, is amended by adding
	Section 33.0011 to read as follows:
	Sec. 33.0011.  POSITIVE PROOF OF AGE. (a) Except in the case
	of a medical emergency or as provided by this chapter, a physician
	may not perform or attempt to perform an abortion on any pregnant
	woman unless the physician has obtained:
	(1)  positive proof of age demonstrating that the
	pregnant woman is not a minor; or
	(2)  a certified copy of the court order proving that
	the pregnant woman is an emancipated minor.
	(b)  A copy of the positive proof of age submitted under
	Subsection (a) must be kept in the woman's medical record until the
	later of:
	(1)  the woman's 25th birthday; or
	(2)  the seventh anniversary of the date of the
	certification.
	SECTION 3.  Section 33.002, Family Code, is amended by
	amending Subsections (a), (d), (e), and (g) and adding Subsections
	(a-1), (a-2), (a-3), (a-4), and (g-1) to read as follows:
	(a)  Subject to Sections 33.003 and 33.004, a [A] physician
	may not perform an abortion or attempt to perform an abortion on a
	pregnant unemancipated minor unless written consent of the minor's
	parent, managing conservator, or legal guardian is obtained under
	Section 164.052(a)(19), Occupations Code, and:
	(1)  a parent of the minor or the managing conservator
	or guardian of the minor provides, in person, positive proof of
	identification and the certified statement described by Section
	33.0021(a) to the physician who is to perform the abortion;
	(2)  48 hours have elapsed since the time written
	notice of the pending abortion was personally delivered by the
	physician who is to perform or attempt to perform the abortion, or
	an agent of the physician, to the usual place of residence of a
	parent of the minor or the managing conservator or guardian of the
	minor and the parent, managing conservator, or guardian provided
	positive proof of identification to the delivering physician or
	agent;
	(3)  48 hours have elapsed since the attending
	physician who is to perform the abortion sent a written notice of
	the physician's intent to perform an abortion on a pregnant
	unemancipated minor to the last known address of the minor's
	parent, managing conservator, or guardian by certified mail,
	restricted delivery, return receipt requested [the physician
	performing the abortion gives at least 48 hours actual notice, in
	person or by telephone, of the physician's intent to perform the
	abortion to:
	[(A)     a parent of the minor, if the minor has no
	managing conservator or guardian; or
	[(B)     a court-appointed managing conservator or
	guardian;
	[(2)     the judge of a court having probate jurisdiction,
	the judge of a county court at law, the judge of a district court,
	including a family district court, or a court of appellate
	jurisdiction issues an order authorizing the minor to consent to
	the abortion as provided by Section 33.003 or 33.004;
	[(3)     a probate court, county court at law, district
	court, including a family district court, or court of appeals, by
	its inaction, constructively authorizes the minor to consent to the
	abortion as provided by Section 33.003 or 33.004]; or
	(4)  the physician who is to perform [performing] the
	abortion:
	(A)  concludes that a medical emergency exists as
	described by Section 33.001(3-a) [on the basis of the physician's
	good faith clinical judgment, a condition exists that complicates
	the medical condition of the pregnant minor and necessitates the
	immediate abortion of her pregnancy to avert her death or to avoid a
	serious risk of substantial and irreversible impairment of a major
	bodily function]; [and]
	(B)  certifies in writing to the [Texas]
	Department of State Health Services and in the patient's medical
	record the medical indications supporting the physician's judgment
	that a medical emergency exists as required by Subsection (e) and
	Section 33.0022(c); and
	(C)  provides the notice required under Section
	33.0022 [the circumstances described by Paragraph (A) exist].
	(a-1)  A physician, an agent of the physician, the facility,
	or any agent of or person at the facility may not accept any form of
	payment, deposit, or exchange during a minor's initial visit to the
	physician's office or facility to provide the positive proof of
	identification and certified statement required under Subsection
	(a)(1).
	(a-2)  The physician who performs the abortion on the minor
	must certify in writing that the notice required by Subsection
	(a)(2) was delivered to the parent of the minor or the managing
	conservator or guardian of the minor. The written certification
	must be kept in the minor's medical record for the period specified
	by Subsection (a-4).
	(a-3)  A physician may rely on the last known address
	information described by Subsection (a)(3) if a reasonable and
	prudent person, under similar circumstances, would rely on the
	information as sufficient evidence that the parent, managing
	conservator, or guardian resides at that address. The physician
	must keep for the period specified by Subsection (a-4) in the
	minor's medical record:
	(1)  the return receipt from the written notice; or
	(2)  if the notice was returned as undeliverable, the
	notice.
	(a-4)  The documentation required under Subsections (a-2)
	and (a-3) must be kept in the minor's medical record until the later
	of:
	(1)  the minor's 25th birthday; or
	(2)  the seventh anniversary of the date of the
	certification.
	(d)  A physician shall [may] execute for inclusion in the
	minor's medical record an affidavit stating that, according to the
	best information and belief of the physician, notice [or
	constructive notice] has been provided as required by this section.
	[Execution of an affidavit under this subsection creates a
	presumption that the requirements of this section have been
	satisfied.]
	(e)  The [Texas] Department of State Health Services shall
	prepare a form to be used for making the certification required by
	Subsection (a)(4)(B) [(a)(4)]. The form must include:
	(1)  the following statement: "Under penalty of perjury
	as defined by Section 37.02, Penal Code, I, (insert name of
	physician performing abortion due to medical emergency), swear that
	a medical emergency as defined by Section 33.001(3-a), Family Code,
	existed at the time the unemancipated minor presented for an
	abortion.";
	(2)  a section for an explanation of the specific
	life-threatening physical condition of the minor that necessitated
	the immediate abortion; and
	(3)  a section for the physician who is to perform the
	abortion to indicate whether the medical emergency that
	necessitated the abortion placed the pregnant minor:
	(A)  in danger of imminent death; or
	(B)  at serious risk of substantial impairment of
	a major bodily function.
	(g)  A physician who with criminal negligence
	[intentionally] performs or attempts to perform an abortion on a
	pregnant unemancipated minor in violation of this section commits
	an offense. An offense under this subsection is punishable by a
	fine not to exceed $10,000. In this subsection, "criminal
	negligence" ["intentionally"] has the meaning assigned by Section
	6.03(d) [6.03(a)], Penal Code.
	(g-1)  A physician performing an abortion and a pregnant
	unemancipated minor seeking an abortion under this section are
	subject to the requirements established under Chapter 171, Health
	and Safety Code.  The physician is also subject to the requirements
	under Section 164.052(a)(19), Occupations Code.
	SECTION 4.  Chapter 33, Family Code, is amended by adding
	Sections 33.0021 and 33.0022 to read as follows:
	Sec. 33.0021.  CERTIFIED STATEMENT; REQUIRED RECORDS. (a)
	The certified statement required under Section 33.002(a) must be
	signed and dated and be substantially similar to the following: "I
	certify that I, (insert name), am the parent, managing conservator,
	or guardian of (insert name of pregnant minor) and have been
	notified that (insert name of physician) intends to perform an
	abortion on (insert name of pregnant minor). I understand that any
	person who with criminal negligence makes a fraudulent statement in
	this regard commits a felony."
	(b)  The physician who receives the certified statement of
	the parent, managing conservator, or guardian required under
	Section 33.002(a) shall execute an affidavit for inclusion in the
	medical record of the minor stating: "I, (insert name of
	physician), certify that according to my best information and
	belief, a reasonable person under similar circumstances would rely
	on the positive proof of identification presented by both the minor
	and her parent, managing conservator, or guardian as belonging to
	the person represented on the identification and as sufficient
	evidence of the person's identity."
	(c)  A physician shall keep in the medical record of the
	minor a copy of the positive proof of identification of the parent,
	managing conservator, or guardian required under Section
	33.002(a), the certified statement required under Section
	33.002(a), and the affidavit required under Subsection (b) until
	the later of:
	(1)  the minor's 25th birthday; or
	(2)  the seventh anniversary of the date of the
	certified statement.
	(d)  A person commits an offense if the person with criminal
	negligence makes a fraudulent statement in a certified statement
	under Subsection (a). An offense under this section is a state jail
	felony. If conduct constituting an offense under this subsection is
	also an offense under Section 37.10, Penal Code, the actor may be
	prosecuted under either provision or both provisions.
	Sec. 33.0022.  MEDICAL EMERGENCY NOTIFICATION. (a) If the
	attending physician concludes under Section 33.002(a)(4) that a
	medical emergency exists and that there is insufficient time to
	provide the notice required by Section 33.002, the physician shall
	verbally inform the parent, managing conservator, or guardian of
	the unemancipated minor within two hours after the time a medical
	emergency abortion is performed on the minor of:
	(1)  the performance of the abortion; and
	(2)  the basis for the physician's determination that a
	medical emergency existed, as defined by Section 33.001(3-a), that
	required the performance of a medical emergency abortion without
	fulfilling the requirements of Section 33.002.
	(b)  The attending physician shall send a written notice of
	the medical emergency abortion to the last known address of the
	parent, managing conservator, or guardian by certified mail,
	restricted delivery, return receipt requested. The physician may
	rely on last known address information if a reasonable and prudent
	person, under similar circumstances, would rely on the information
	as sufficient evidence that the parent, managing conservator, or
	guardian resides at that address. The physician must keep for the
	period specified by Section 33.0021(c) in the minor's medical
	record:
	(1)  the return receipt from the written notice; or
	(2)  if the notice was returned as undeliverable, the
	notice.
	(c)  The physician who performs the abortion on the minor
	shall execute for inclusion in the medical record of the minor an
	affidavit that:
	(1)  includes the following statement: "I, (insert name
	of physician), certify that a life-threatening physical condition
	aggravated by, caused by, or arising from the minor's pregnancy
	placed the minor in danger of death or at serious risk of
	substantial impairment of a major bodily function unless the
	abortion was performed.";
	(2)  explains the specific life-threatening condition
	of the minor that necessitated the immediate abortion; and
	(3)  indicates whether the medical emergency that
	necessitated the abortion placed the pregnant minor:
	(A)  in danger of imminent death; or
	(B)  at serious risk of substantial impairment of
	a major bodily function.
	SECTION 5.  Sections 33.003(a), (b), (c), (e), (f), (h),
	(i), and (j), Family Code, are amended to read as follows:
	(a)  A pregnant minor [who wishes to have an abortion without
	notification to one of her parents, her managing conservator, or
	her guardian] may file an application for a court order authorizing
	the minor to consent to the performance of an abortion without the
	consent of or notification to either of her parents or a managing
	conservator or guardian.
	(b)  If the minor resides in a county with a population of
	less than 50,000, the [The] application must [may] be filed in a
	[any] county court at law, court having probate jurisdiction, or
	district court, including a family district court, in the county in
	which the minor resides or an adjacent county [this state]. If the
	minor resides in a county with a population of 50,000 or more, the
	application must be filed in a county court at law, court having
	probate jurisdiction, or district court, including a family
	district court, in the county in which the minor resides.
	(c)  The application must be made under oath and include:
	(1)  a statement that the minor is pregnant;
	(2)  a statement that the minor is unmarried, is under
	18 years of age, and has not had her disabilities removed under
	Chapter 31;
	(3)  a statement that the minor wishes to have an
	abortion without the notification or consent of either of her
	parents or a managing conservator or guardian; [and]
	(4)  a statement as to whether the minor has retained an
	attorney and, if she has retained an attorney, the name, address,
	and telephone number of her attorney; and
	(5)  a statement about the minor's current residence,
	including the minor's physical address, mailing address, and
	telephone number.
	(e)  The court shall appoint a guardian ad litem for the
	minor. If the minor has not retained an attorney, the court shall
	appoint an attorney to represent the minor. The [If the] guardian
	ad litem may not also [is an attorney admitted to the practice of
	law in this state, the court may appoint the guardian ad litem to]
	serve as the minor's attorney ad litem.
	(f)  The court may appoint to serve as guardian ad litem:
	(1)  a person who may consent to treatment for the minor
	under Sections 32.001(a)(1)-(3); or
	(2)  [a psychiatrist or an individual licensed or
	certified as a psychologist under Chapter 501, Occupations Code;
	[(3)]  an appropriate employee of the Department of
	Family and Protective Services[;
	[(4)  a member of the clergy; or
	[(5)     another appropriate person selected by the
	court].
	(h)  The court shall rule on an application submitted under
	this section and shall issue written findings of fact and
	conclusions of law not later than 5 p.m. on the second business day
	after the date the application is filed with the court. On request
	by the minor, the court shall grant an extension of the period
	specified by this subsection. If a request for an extension is
	made, the court shall rule on an application and shall issue written
	findings of fact and conclusions of law not later than 5 p.m. on the
	second business day after the date the minor states she is ready to
	proceed to hearing. [If the court fails to rule on the application
	and issue written findings of fact and conclusions of law within the
	period specified by this subsection, the application is deemed to
	be granted and the physician may perform the abortion as if the
	court had issued an order authorizing the minor to consent to the
	performance of the abortion without notification under Section
	33.002.] Proceedings under this section shall be given precedence
	over other pending matters to the extent necessary to assure that
	the court reaches a decision promptly.
	(i)  The court shall determine by clear and convincing [a
	preponderance of the] evidence whether the minor is mature and
	sufficiently well informed to make the decision to have an abortion
	performed without the consent of or notification to either of her
	parents or a managing conservator or guardian or [,] whether
	consent or notification would not be in the best interest of the
	minor. The court shall determine by a preponderance of the
	evidence[, or] whether consent or notification may lead to physical
	or [,] sexual[, or emotional] abuse of the minor. If the court
	finds that the minor is mature and sufficiently well informed, that
	consent or notification would not be in the minor's best interest,
	or that consent or notification may lead to physical or [,] sexual[,
	or emotional] abuse of the minor, the court shall enter an order
	authorizing the minor to consent to the performance of the abortion
	without the consent of or notification to either of her parents or a
	managing conservator or guardian and shall execute the required
	forms.
	(j)  If the court finds that the minor does not meet the
	requirements of Subsection (i), the court may not authorize the
	minor to consent to an abortion without the consent required under
	Section 164.052(a)(19), Occupations Code, or notification
	authorized under Section 33.002(a)(1).
	SECTION 6.  Sections 33.004(b) and (f), Family Code, are
	amended to read as follows:
	(b)  The court of appeals shall rule on an appeal under this
	section not later than 5 p.m. on the second business day after the
	date the notice of appeal is filed with the court that denied the
	application. On request by the minor, the court shall grant an
	extension of the period specified by this subsection. If a request
	for an extension is made, the court shall rule on the appeal not
	later than 5 p.m. on the second business day after the date the
	minor states she is ready to proceed. [If the court of appeals
	fails to rule on the appeal within the period specified by this
	subsection, the appeal is deemed to be granted and the physician may
	perform the abortion as if the court had issued an order authorizing
	the minor to consent to the performance of the abortion without
	notification under Section 33.002.] Proceedings under this section
	shall be given precedence over other pending matters to the extent
	necessary to assure that the court reaches a decision promptly.
	(f)  An expedited confidential appeal shall be available to
	any pregnant minor to whom a court of appeals denies an order
	authorizing the minor to consent to the performance of an abortion
	without the consent of or notification to either of her parents or a
	managing conservator or guardian.
	SECTION 7.  Section 33.007, Family Code, is amended to read
	as follows:
	Sec. 33.007.  COSTS NOT PAID BY STATE. [(a)] A court acting
	under Section 33.003 or 33.004 may not issue an order requiring the
	state to pay:
	(1)  the cost of any attorney ad litem and any guardian
	ad litem appointed for the minor;
	(2)  notwithstanding Sections 33.003(n) and 33.004(e),
	the costs of court associated with the application or appeal; or
	[and]
	(3)  any court reporter's fees incurred.
	[(b)     An order issued under Subsection (a) must be directed
	to the comptroller, who shall pay the amount ordered from funds
	appropriated to the Texas Department of Health.]
	SECTION 8.  Section 33.008, Family Code, is amended to read
	as follows:
	Sec. 33.008.  PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR;
	INVESTIGATION AND ASSISTANCE. (a)  If a minor claims to have been
	[A physician who has reason to believe that a minor has been or may
	be] physically or sexually abused by a parent or the managing
	conservator or guardian of the minor, the physician or physician's
	agent [person responsible for the minor's care, custody, or
	welfare, as that term is defined by Section 261.001,] shall
	immediately report the suspected abuse and the name of the abuser to
	the Department of Family and Protective Services and to a local law
	enforcement agency and shall refer the minor to the department for
	services or intervention that may be in the best interest of the
	minor. The local law enforcement agency has a duty to respond and
	shall write a report within 12 hours of being notified of the
	alleged abuse.  A report shall be made regardless of whether the
	responder knows or suspects that a report about the abuse may have
	previously been made.
	(b)  The appropriate local law enforcement agency and the
	Department of Family and Protective Services shall investigate
	suspected abuse reported under this section and, if warranted
	[appropriate], shall refer the case to the appropriate prosecuting
	authority [assist the minor in making an application with a court
	under Section 33.003].
	(c)  When the local law enforcement agency responds to the
	report of physical or sexual abuse as required under Subsection
	(b), a law enforcement officer or appropriate agent from the
	Department of Family and Protective Services may take emergency
	possession of the minor without a court order to protect the health
	and safety of the minor as described in Chapter 262.
	SECTION 9.  Section 33.010, Family Code, is amended to read
	as follows:
	Sec. 33.010.  CONFIDENTIALITY. Notwithstanding any other
	law, information obtained by the Department of Family and
	Protective Services or another entity under Section 33.008 [or
	33.009] is confidential except to the extent necessary to prove a
	violation of Section 21.02, 22.011, 22.021, or 25.02, Penal Code.
	SECTION 10.  Chapter 33, Family Code, is amended by adding
	Sections 33.012 and 33.013 to read as follows:
	Sec. 33.012.  INJUNCTION; CIVIL LIABILITY.  (a)  A cause of
	action for injunctive relief may be brought against a person who
	intentionally, knowingly, recklessly, or negligently violates
	Section 33.0011, 33.002, or 33.008 to prevent the violation from
	continuing or occurring.  The action may be maintained by:
	(1)  the minor on whom an abortion was performed or on
	whom the performance of an abortion was attempted;
	(2)  a parent or the managing conservator or guardian
	of the minor;
	(3)  a district attorney with appropriate
	jurisdiction; or
	(4)  the attorney general.
	(b)  A physician or abortion provider who intentionally,
	knowingly, recklessly, or negligently violates this chapter is
	liable for damages in a civil action brought under this section.  A
	minor on whom an abortion has been performed or on whom the
	performance of an abortion has been attempted in violation of this
	chapter, or a parent or the managing conservator or guardian of an
	unemancipated minor, may seek actual and exemplary damages from the
	physician or abortion provider for any intentional, knowing,
	reckless, or negligent violation of this chapter.
	(c)  A person who intentionally, knowingly, recklessly, or
	negligently violates the terms of an injunction issued in
	accordance with this section is liable to this state for a civil
	penalty of:
	(1)  $10,000 for the first violation;
	(2)  $50,000 for the second violation;
	(3)  $100,000 for the third violation; and
	(4)  an amount greater than $100,000 that is sufficient
	to deter future violations for each succeeding violation.
	(d)  Each performance or attempted performance of an
	abortion in violation of the terms of an injunction is a separate
	violation.
	(e)  A civil penalty may not be assessed against a minor on
	whom an abortion is performed or attempted.
	(f)  A physician who is found guilty of a violation of this
	chapter by a court or who loses the physician's license to practice
	medicine for unprofessional conduct described by Section
	164.052(a)(19) or (20), Occupations Code, is liable for the legal
	fees of the minor or the person suing on the minor's behalf.
	(g)  It is not a defense to a claim brought under this section
	that the minor gave informed and voluntary consent.
	Sec. 33.013.  CAPACITY TO CONSENT. An unemancipated minor
	does not have the capacity to consent to any action that violates
	this chapter.
	SECTION 11.  Subchapter A, Chapter 22, Government Code, is
	amended by adding Section 22.018 to read as follows:
	Sec. 22.018.  PUBLIC INFORMATION REGARDING CERTAIN
	PETITIONS AND MOTIONS. (a) The supreme court shall adopt rules
	governing the collection of statistical information relating to
	applications and appeals granted under Sections 33.003(h) and
	33.004(b), Family Code. The information collected by the supreme
	court must include:
	(1)  the number of judicial bypass cases;
	(2)  the number of judicial bypass cases in which the
	court appointed a guardian ad litem;
	(3)  the number of judicial bypass cases in which the
	court appointed an attorney;
	(4)  the number of judicial bypass cases in which the
	judge issued an order authorizing an abortion without consent or
	notification; and
	(5)  the number of judicial bypass cases in which the
	judge denied an order, the number of appeals filed as a result of a
	denial, the number of denials that were affirmed, and the number of
	denials that were reversed.
	(b)  The information collected under this section must be
	available to the public in aggregate form by county.
	(c)  Identifying information about a minor collected under
	this section is confidential and is not subject to disclosure under
	Chapter 552.
	SECTION 12.  Section 164.052(a), Occupations Code, is
	amended to read as follows:
	(a)  A physician or an applicant for a license to practice
	medicine commits a prohibited practice if that person:
	(1)  submits to the board a false or misleading
	statement, document, or certificate in an application for a
	license;
	(2)  presents to the board a license, certificate, or
	diploma that was illegally or fraudulently obtained;
	(3)  commits fraud or deception in taking or passing an
	examination;
	(4)  uses alcohol or drugs in an intemperate manner
	that, in the board's opinion, could endanger a patient's life;
	(5)  commits unprofessional or dishonorable conduct
	that is likely to deceive or defraud the public, as provided by
	Section 164.053, or injure the public;
	(6)  uses an advertising statement that is false,
	misleading, or deceptive;
	(7)  advertises professional superiority or the
	performance of professional service in a superior manner if that
	advertising is not readily subject to verification;
	(8)  purchases, sells, barters, or uses, or offers to
	purchase, sell, barter, or use, a medical degree, license,
	certificate, or diploma, or a transcript of a license, certificate,
	or diploma in or incident to an application to the board for a
	license to practice medicine;
	(9)  alters, with fraudulent intent, a medical license,
	certificate, or diploma, or a transcript of a medical license,
	certificate, or diploma;
	(10)  uses a medical license, certificate, or diploma,
	or a transcript of a medical license, certificate, or diploma that
	has been:
	(A)  fraudulently purchased or issued;
	(B)  counterfeited; or
	(C)  materially altered;
	(11)  impersonates or acts as proxy for another person
	in an examination required by this subtitle for a medical license;
	(12)  engages in conduct that subverts or attempts to
	subvert an examination process required by this subtitle for a
	medical license;
	(13)  impersonates a physician or permits another to
	use the person's license or certificate to practice medicine in
	this state;
	(14)  directly or indirectly employs a person whose
	license to practice medicine has been suspended, canceled, or
	revoked;
	(15)  associates in the practice of medicine with a
	person:
	(A)  whose license to practice medicine has been
	suspended, canceled, or revoked; or
	(B)  who has been convicted of the unlawful
	practice of medicine in this state or elsewhere;
	(16)  performs or procures a criminal abortion, aids or
	abets in the procuring of a criminal abortion, attempts to perform
	or procure a criminal abortion, or attempts to aid or abet the
	performance or procurement of a criminal abortion;
	(17)  directly or indirectly aids or abets the practice
	of medicine by a person, partnership, association, or corporation
	that is not licensed to practice medicine by the board;
	(18)  performs an abortion on a woman who is pregnant
	with a viable unborn child during the third trimester of the
	pregnancy unless:
	(A)  the abortion is necessary to prevent the
	death of the woman;
	(B)  the viable unborn child has a severe,
	irreversible brain impairment; or
	(C)  the woman is diagnosed with a significant
	likelihood of suffering imminent severe, irreversible brain damage
	or imminent severe, irreversible paralysis; [or]
	(19)  performs an abortion on an unemancipated minor
	without the written consent of the child's parent, managing
	conservator, or legal guardian or without a court order, as
	provided by Section 33.003 or 33.004, Family Code; or
	(20)  otherwise performs an abortion on an
	unemancipated minor in violation of Chapter 33, Family Code [,
	authorizing the minor to consent to the abortion, unless the
	physician concludes that on the basis of the physician's good faith
	clinical judgment, a condition exists that complicates the medical
	condition of the pregnant minor and necessitates the immediate
	abortion of her pregnancy to avert her death or to avoid a serious
	risk of substantial impairment of a major bodily function and that
	there is insufficient time to obtain the consent of the child's
	parent, managing conservator, or legal guardian].
	SECTION 13.  Section 164.055(b), Occupations Code, is
	amended to read as follows:
	(b)  The sanctions provided by Subsection (a) are in addition
	to any other grounds for refusal to admit persons to examination
	under this subtitle or to issue a license or renew a license to
	practice medicine under this subtitle. [The criminal penalties
	provided by Section 165.152 do not apply to a violation of Section
	170.002, Health and Safety Code.]
	SECTION 14.  The following provisions of the Family Code are
	repealed:
	(1)  Sections 33.002(b), (c), (f), (h), and (i);
	(2)  Section 33.003(k);
	(3)  Section 33.004(c); and
	(4)  Section 33.009.
	SECTION 15.  If any court enjoins, suspends, or delays the
	implementation of the changes in law made by this Act to Chapter 33,
	Family Code, and Section 164.052, Occupations Code, the former law,
	as the law existed immediately before the effective date of this
	Act, becomes or remains in effect and continues in effect. At the
	time a temporary or permanent restraining order or injunction
	described by this section is stayed or dissolved, or otherwise
	ceases to have effect, the changes in law made by this Act become
	immediately effective.
	SECTION 16.  If any provision of this Act or its application
	to any person or circumstance is finally held to be
	unconstitutional, the entire Act is invalid, and to this end the
	provisions of this Act are declared to be nonseverable.
	SECTION 17.  The changes in law made by this Act apply only
	to an offense committed or conduct that occurs on or after the
	effective date of this Act. An offense committed or conduct that
	occurs before the effective date of this Act is governed by the law
	in effect when the offense was committed or the conduct occurred,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense is committed or conduct occurs
	before the effective date of this Act if any element of the offense
	or conduct occurs before the effective date.
	SECTION 18.  Information obtained before the effective date
	of this Act by the Department of Family and Protective Services or
	another entity under Section 33.009, Family Code, as it existed
	before the effective date of this Act, remains confidential to the
	extent provided by Section 33.010, Family Code, as it existed
	before the effective date of this Act.
	SECTION 19.  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.