By: Perry, et al.	S.B. No. 415

	A BILL TO BE ENTITLED
	AN ACT
	relating to a prohibition on the performance of dismemberment
	abortions; providing penalties; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 171, Health and Safety Code, is amended
	by adding Subchapter F to read as follows:
	SUBCHAPTER F.  DISMEMBERMENT ABORTIONS
	Sec. 171.101.  DEFINITION.  In this subchapter,
	"dismemberment abortion" means an abortion in which a person, with
	the purpose of causing the death of an unborn child, dismembers the
	unborn child and extracts the unborn child one piece at a time from
	the uterus through the use of clamps, grasping forceps, tongs,
	scissors, or a similar instrument that, through the convergence of
	two rigid levers, slices, crushes, or grasps, or performs any
	combination of those actions on, a piece of the unborn child's body
	to cut or rip the piece from the body.  The term does not include an
	abortion that uses suction to dismember the body of an unborn child
	by sucking pieces of the unborn child into a collection container.
	The term includes a dismemberment abortion that is used to cause the
	death of an unborn child and in which suction is subsequently used
	to extract pieces of the unborn child after the unborn child's
	death.
	Sec. 171.102.  DISMEMBERMENT ABORTIONS PROHIBITED. (a)  A
	person may not intentionally perform a dismemberment abortion
	unless the dismemberment abortion is necessary in a medical
	emergency.
	(b)  A woman on whom a dismemberment abortion is performed,
	an employee or agent acting under the direction of a physician who
	performs a dismemberment abortion, or a person who fills a
	prescription or provides equipment used in a dismemberment abortion
	does not violate Subsection (a).
	Sec. 171.103.  CRIMINAL PENALTY. (a)  A person who violates
	Section 171.102 commits an offense.
	(b)  An offense under this section is a state jail felony.
	Sec. 171.104.  CONSTRUCTION OF SUBCHAPTER. (a)  This
	subchapter shall be construed, as a matter of state law, to be
	enforceable to the maximum possible extent consistent with but not
	further than federal constitutional requirements, even if that
	construction is not readily apparent, as such constructions are
	authorized only to the extent necessary to save the subchapter from
	judicial invalidation.  Judicial reformation of statutory language
	is explicitly authorized only to the extent necessary to save the
	statutory provision from invalidity.
	(b)  If any court determines that a provision of this
	subchapter is unconstitutionally vague, the court shall interpret
	the provision, as a matter of state law, to avoid the vagueness
	problem and shall enforce the provision to the maximum possible
	extent.  If a federal court finds any provision of this subchapter
	or its application to any person, group of persons, or
	circumstances to be unconstitutionally vague and declines to impose
	the saving construction described by this subsection, the Supreme
	Court of Texas shall provide an authoritative construction of the
	objectionable statutory provisions that avoids the constitutional
	problems while enforcing the statute's restrictions to the maximum
	possible extent and shall agree to answer any question certified
	from a federal appellate court regarding the statute.
	(c)  A state executive or administrative official may not
	decline to enforce this subchapter, or adopt a construction of this
	subchapter in a way that narrows its applicability, based on the
	official's own beliefs concerning the requirements of the state or
	federal constitution, unless the official is enjoined by a state or
	federal court from enforcing this subchapter.
	(d)  This subchapter may not be construed to:
	(1)  authorize the prosecution of or a cause of action
	to be brought against a woman on whom an abortion is performed or
	induced in violation of this subchapter; or
	(2)  create or recognize a right to abortion or a right
	to a particular method of abortion.
	SECTION 2.  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;
	(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, unless the
	abortion is necessary due to a medical emergency, as defined by
	Section 171.002, Health and Safety Code;
	(20)  otherwise performs an abortion on an
	unemancipated minor in violation of Chapter 33, Family Code; [or]
	(21)  performs or induces or attempts to perform or
	induce an abortion in violation of Subchapter C, Chapter 171,
	Health and Safety Code; or
	(22)  performs a dismemberment abortion in violation of
	Subchapter F, Chapter 171, Health and Safety Code.
	SECTION 3.  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, or Subchapter C or F, Chapter 171,
	Health and Safety Code.
	SECTION 4.  (a)  If some or all of the provisions of this Act
	are ever temporarily or permanently restrained or enjoined by
	judicial order, all other provisions of Texas law regulating or
	restricting abortion shall be enforced as though the restrained or
	enjoined provisions had not been adopted; provided, however, that
	whenever the temporary or permanent restraining order or injunction
	is stayed or dissolved, or otherwise ceases to have effect, the
	provisions shall have full force and effect.
	(b)  Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in
	which in the context of determining the severability of a state
	statute regulating abortion the United States Supreme Court held
	that an explicit statement of legislative intent is controlling, it
	is the intent of the legislature that every provision, section,
	subsection, sentence, clause, phrase, or word in this Act, and
	every application of the provisions in this Act, are severable from
	each other.  If any application of any provision in this Act to any
	person, group of persons, or circumstances is found by a court to be
	invalid, the remaining applications of that provision to all other
	persons and circumstances shall be severed and may not be affected.
	All constitutionally valid applications of this Act shall be
	severed from any applications that a court finds to be invalid,
	leaving the valid applications in force, because it is the
	legislature's intent and priority that the valid applications be
	allowed to stand alone.  Even if a reviewing court finds a provision
	of this Act to impose an undue burden in a large or substantial
	fraction of relevant cases, the applications that do not present an
	undue burden shall be severed from the remaining provisions and
	shall remain in force, and shall be treated as if the legislature
	had enacted a statute limited to the persons, group of persons, or
	circumstances for which the statute's application does not present
	an undue burden.  The legislature further declares that it would
	have passed this Act, and each provision, section, subsection,
	sentence, clause, phrase, or word, and all constitutional
	applications of this Act, irrespective of the fact that any
	provision, section, subsection, sentence, clause, phrase, or word,
	or applications of this Act, were to be declared unconstitutional
	or to represent an undue burden.
	(c)  If any provision of this Act is found by any court to be
	unconstitutionally vague, then the applications of that provision
	that do not present constitutional vagueness problems shall be
	severed and remain in force.
	SECTION 5.  The change in law made by this Act applies only
	to an abortion performed on or after the effective date of this Act.
	An abortion performed before the effective date of this Act is
	governed by the law in effect on the date the abortion was
	performed, and the former law is continued in effect for that
	purpose.
	SECTION 6.  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.