Signed by Governor Greg Abbott

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortion if Roe v Wade is overturned by the Supreme Court.

Highlights:

• Defines "reasonable medical judgment" as a medical judgment made by a reasonably prudent physician, knowledgeable about a case and the treatment possibilities for the medical conditions involved (Sec. 2-4).

• Defines "unborn child" as an individual living member of the homo sapiens species from fertilization until birth, including the entire embryonic and fetal stages of development (Sec. 2-5).

• Specifies this prohibition does not apply if the abortion meets the following criteria (Sec. 2-A170A.002.b):

• The person performing, inducing, or attempting the abortion is a licensed physician;

• In the exercise of reasonable medical judgment, the pregnant female on whom the abortion is performed, induced, or attempted has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced; and

• The person performs, induces, or attempts the abortion in a manner that, in the exercise of reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in the reasonable medical judgment, that manner would create:

• A greater risk of the pregnant female ’s death; or

• A serious risk of substantial impairment of a major bodily function of the pregnant female.

• Establishes an offense under this law is a felony of the second degree, except that the offense is a felony of the first degree if an unborn child dies as a result of the offense (Sec. 2-A170A.004.b).

• Establishes a person who violates this law is subject to a civil penalty of not less than $100,000 for each violation. The attorney general will file an action to recover a civil penalty assessed under this law and may recover attorney’s fees and costs incurred in bringing the action (Sec. 2-A170A.005).

• Requires the appropriate licensing authority to revoke the license, permit, registration, certificate, or other authority of a physician or other health care professional who performs, induces, or attempts an abortion (Sec. 2-A170A.007).

• Requires to the extent permitted, on the 30th day after this law is enacted (Sec. 3):

• The issuance of a United States Supreme Court judgment in a decision overruling, wholly or partly, Roe v. Wade, as modified by Planned Parenthood v. Casey, thereby allowing the states of the United States to prohibit abortion;

• The issuance of any other United States Supreme Court judgment in a decision that recognizes, wholly or partly, the authority of the states to prohibit abortion; or

• Adoption of an amendment to the United States Constitution that, wholly or partly, restores to the states the authority to prohibit abortion.

• Alleges the legislature finds that the State of Texas never repealed, either expressly or by implication, the state statutes enacted before the ruling in Roe v. Wade, that prohibits and criminalizes abortion unless the mother ’s life is in danger (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortion if Roe v Wade is overturned by the Supreme Court.

Highlights:

• Defines "reasonable medical judgment" as a medical judgment made by a reasonably prudent physician, knowledgeable about a case and the treatment possibilities for the medical conditions involved (Sec. 2-4).

• Defines "unborn child" as an individual living member of the homo sapiens species from fertilization until birth, including the entire embryonic and fetal stages of development (Sec. 2-5).

• Specifies this prohibition does not apply if the abortion meets the following criteria (Sec. 2-A170A.002.b):

• The person performing, inducing, or attempting the abortion is a licensed physician;

• In the exercise of reasonable medical judgment, the pregnant female on whom the abortion is performed, induced, or attempted has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced; and

• The person performs, induces, or attempts the abortion in a manner that, in the exercise of reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in the reasonable medical judgment, that manner would create:

• A greater risk of the pregnant female ’s death; or

• A serious risk of substantial impairment of a major bodily function of the pregnant female.

• Establishes an offense under this law is a felony of the second degree, except that the offense is a felony of the first degree if an unborn child dies as a result of the offense (Sec. 2-A170A.004.b).

• Establishes a person who violates this law is subject to a civil penalty of not less than $100,000 for each violation. The attorney general will file an action to recover a civil penalty assessed under this law and may recover attorney’s fees and costs incurred in bringing the action (Sec. 2-A170A.005).

• Requires the appropriate licensing authority to revoke the license, permit, registration, certificate, or other authority of a physician or other health care professional who performs, induces, or attempts an abortion (Sec. 2-A170A.007).

• Requires to the extent permitted, on the 30th day after this law is enacted (Sec. 3):

• The issuance of a United States Supreme Court judgment in a decision overruling, wholly or partly, Roe v. Wade, as modified by Planned Parenthood v. Casey, thereby allowing the states of the United States to prohibit abortion;

• The issuance of any other United States Supreme Court judgment in a decision that recognizes, wholly or partly, the authority of the states to prohibit abortion; or

• Adoption of an amendment to the United States Constitution that, wholly or partly, restores to the states the authority to prohibit abortion.

• Alleges the legislature finds that the State of Texas never repealed, either expressly or by implication, the state statutes enacted before the ruling in Roe v. Wade, that prohibits and criminalizes abortion unless the mother ’s life is in danger (Sec. 4).

Full Bill Text