Bill Text: TX HB3771 | 2017-2018 | 85th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the definition of abortion.

Spectrum: Partisan Bill (Republican 35-0)

Status: (Engrossed - Dead) 2017-05-24 - Placed on intent calendar [HB3771 Detail]

Download: Texas-2017-HB3771-Comm_Sub.html

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85R27348 AJZ-D
By: Cook, Giddings, Morrison, H.B. No. 3771
Davis of Harris, Minjarez, et al.
Substitute the following for H.B. No. 3771:
By: Giddings C.S.H.B. No. 3771

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.