S.B. No. 8

 
  	
AN ACT
  	relating to abortion, including abortions after detection of an
  	unborn child's heartbeat; authorizing a private civil right of
  	action.
  	       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  	       SECTION 1.  This Act shall be known as the Texas Heartbeat
  	Act.
  	       SECTION 2.  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  	never repealed, either expressly or by implication, the state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, 410 U.S. 113
  	(1973), that prohibit and criminalize abortion unless the mother's
  	life is in danger.
  	       SECTION 3.  Chapter 171, Health and Safety Code, is amended
  	by adding Subchapter H to read as follows:
  	SUBCHAPTER H.  DETECTION OF FETAL HEARTBEAT
  	       Sec. 171.201.  DEFINITIONS. In this subchapter:
  	             (1)  "Fetal heartbeat" means cardiac activity or the
  	steady and repetitive rhythmic contraction of the fetal heart
  	within the gestational sac.
  	             (2)  "Gestational age" means the amount of time that
  	has elapsed from the first day of a woman's last menstrual period.
  	             (3)  "Gestational sac" means the structure comprising
  	the extraembryonic membranes that envelop the unborn child and that
  	is typically visible by ultrasound after the fourth week of
  	pregnancy.
  	             (4)  "Physician" means an individual licensed to
  	practice medicine in this state, including a medical doctor and a
  	doctor of osteopathic medicine.
  	             (5)  "Pregnancy" means the human female reproductive
  	condition that:
  	                   (A)  begins with fertilization;
  	                   (B)  occurs when the woman is carrying the
  	developing human offspring; and
  	                   (C)  is calculated from the first day of the
  	woman's last menstrual period.
  	             (6)  "Standard medical practice" means the degree of
  	skill, care, and diligence that an obstetrician of ordinary
  	judgment, learning, and skill would employ in like circumstances.
  	             (7)  "Unborn child" means a human fetus or embryo in any
  	stage of gestation from fertilization until birth.
  	       Sec. 171.202.  LEGISLATIVE FINDINGS. The legislature finds,
  	according to contemporary medical research, that:
  	             (1)  fetal heartbeat has become a key medical predictor
  	that an unborn child will reach live birth;
  	             (2)  cardiac activity begins at a biologically
  	identifiable moment in time, normally when the fetal heart is
  	formed in the gestational sac;
  	             (3)  Texas has compelling interests from the outset of
  	a woman's pregnancy in protecting the health of the woman and the
  	life of the unborn child; and
  	             (4)  to make an informed choice about whether to
  	continue her pregnancy, the pregnant woman has a compelling
  	interest in knowing the likelihood of her unborn child surviving to
  	full-term birth based on the presence of cardiac activity.
  	       Sec. 171.203.  DETERMINATION OF PRESENCE OF FETAL HEARTBEAT
  	REQUIRED; RECORD.  (a)  For the purposes of determining the
  	presence of a fetal heartbeat under this section, "standard medical
  	practice" includes employing the appropriate means of detecting the
  	heartbeat based on the estimated gestational age of the unborn
  	child and the condition of the woman and her pregnancy.
  	       (b)  Except as provided by Section 171.205, a physician may
  	not knowingly perform or induce an abortion on a pregnant woman
  	unless the physician has determined, in accordance with this
  	section, whether the woman's unborn child has a detectable fetal
  	heartbeat.
  	       (c)  In making a determination under Subsection (b), the
  	physician must use a test that is:
  	             (1)  consistent with the physician's good faith and
  	reasonable understanding of standard medical practice; and
  	             (2)  appropriate for the estimated gestational age of
  	the unborn child and the condition of the pregnant woman and her
  	pregnancy.
  	       (d)  A physician making a determination under Subsection (b)
  	shall record in the pregnant woman's medical record:
  	             (1)  the estimated gestational age of the unborn child;
  	             (2)  the method used to estimate the gestational age;
  	and
  	             (3)  the test used for detecting a fetal heartbeat,
  	including the date, time, and results of the test.
  	       Sec. 171.204.  PROHIBITED ABORTION OF UNBORN CHILD WITH
  	DETECTABLE FETAL HEARTBEAT; EFFECT.  (a)  Except as provided by
  	Section 171.205, a physician may not knowingly perform or induce an
  	abortion on a pregnant woman if the physician detected a fetal
  	heartbeat for the unborn child as required by Section 171.203 or
  	failed to perform a test to detect a fetal heartbeat.
  	       (b)  A physician does not violate this section if the
  	physician performed a test for a fetal heartbeat as required by
  	Section 171.203 and did not detect a fetal heartbeat.
  	       (c)  This section does not affect:
  	             (1)  the provisions of this chapter that restrict or
  	regulate an abortion by a particular method or during a particular
  	stage of pregnancy; or
  	             (2)  any other provision of state law that regulates or
  	prohibits abortion.
  	       Sec. 171.205.  EXCEPTION FOR MEDICAL EMERGENCY; RECORDS.  
  	(a)  Sections 171.203 and 171.204 do not apply if a physician
  	believes a medical emergency exists that prevents compliance with
  	this subchapter.
  	       (b)  A physician who performs or induces an abortion under
  	circumstances described by Subsection (a) shall make written
  	notations in the pregnant woman's medical record of:
  	             (1)  the physician's belief that a medical emergency
  	necessitated the abortion; and
  	             (2)  the medical condition of the pregnant woman that
  	prevented compliance with this subchapter.
  	       (c)  A physician performing or inducing an abortion under
  	this section shall maintain in the physician's practice records a
  	copy of the notations made under Subsection (b).
  	       Sec. 171.206.  CONSTRUCTION OF SUBCHAPTER. (a)  This
  	subchapter does not create or recognize a right to abortion before a
  	fetal heartbeat is detected.
  	       (b)  This subchapter may not be construed to:
  	             (1)  authorize the initiation of a cause of action
  	against or the prosecution of a woman on whom an abortion is
  	performed or induced or attempted to be performed or induced in
  	violation of this subchapter;
  	             (2)  wholly or partly repeal, either expressly or by
  	implication, any other statute that regulates or prohibits
  	abortion, including Chapter 6-1/2, Title 71, Revised Statutes; or
  	             (3)  restrict a political subdivision from regulating
  	or prohibiting abortion in a manner that is at least as stringent as
  	the laws of this state.
  	       Sec. 171.207.  LIMITATIONS ON PUBLIC ENFORCEMENT.
  	(a)  Notwithstanding Section 171.005 or any other law, the
  	requirements of this subchapter shall be enforced exclusively
  	through the private civil actions described in Section 171.208.  No
  	enforcement of this subchapter, and no enforcement of Chapters 19
  	and 22, Penal Code, in response to violations of this subchapter,
  	may be taken or threatened by this state, a political subdivision, a
  	district or county attorney, or an executive or administrative
  	officer or employee of this state or a political subdivision
  	against any person, except as provided in Section 171.208.
  	       (b)  Subsection (a) may not be construed to:
  	             (1)  legalize the conduct prohibited by this subchapter
  	or by Chapter 6-1/2, Title 71, Revised Statutes;
  	             (2)  limit in any way or affect the availability of a
  	remedy established by Section 171.208; or
  	             (3)  limit the enforceability of any other laws that
  	regulate or prohibit abortion.
  	       Sec. 171.208.  CIVIL LIABILITY FOR VIOLATION OR AIDING OR
  	ABETTING VIOLATION. (a)  Any person, other than an officer or
  	employee of a state or local governmental entity in this state, may
  	bring a civil action against any person who:
  	             (1)  performs or induces an abortion in violation of
  	this subchapter;
  	             (2)  knowingly engages in conduct that aids or abets
  	the performance or inducement of an abortion, including paying for
  	or reimbursing the costs of an abortion through insurance or
  	otherwise, if the abortion is performed or induced in violation of
  	this subchapter, regardless of whether the person knew or should
  	have known that the abortion would be performed or induced in
  	violation of this subchapter; or
  	             (3)  intends to engage in the conduct described by
  	Subdivision (1) or (2).
  	       (b)  If a claimant prevails in an action brought under this
  	section, the court shall award:
  	             (1)  injunctive relief sufficient to prevent the
  	defendant from violating this subchapter or engaging in acts that
  	aid or abet violations of this subchapter;
  	             (2)  statutory damages in an amount of not less than
  	$10,000 for each abortion that the defendant performed or induced
  	in violation of this subchapter, and for each abortion performed or
  	induced in violation of this subchapter that the defendant aided or
  	abetted; and
  	             (3)  costs and attorney's fees.
  	       (c)  Notwithstanding Subsection (b), a court may not award
  	relief under this section in response to a violation of Subsection
  	(a)(1) or (2) if the defendant demonstrates that the defendant
  	previously paid the full amount of statutory damages under
  	Subsection (b)(2) in a previous action for that particular abortion
  	performed or induced in violation of this subchapter, or for the
  	particular conduct that aided or abetted an abortion performed or
  	induced in violation of this subchapter.
  	       (d)  Notwithstanding Chapter 16, Civil Practice and Remedies
  	Code, or any other law, a person may bring an action under this
  	section not later than the fourth anniversary of the date the cause
  	of action accrues.
  	       (e)  Notwithstanding any other law, the following are not a
  	defense to an action brought under this section:
  	             (1)  ignorance or mistake of law;
  	             (2)  a defendant's belief that the requirements of this
  	subchapter are unconstitutional or were unconstitutional;
  	             (3)  a defendant's reliance on any court decision that
  	has been overruled on appeal or by a subsequent court, even if that
  	court decision had not been overruled when the defendant engaged in
  	conduct that violates this subchapter;
  	             (4)  a defendant's reliance on any state or federal
  	court decision that is not binding on the court in which the action
  	has been brought;
  	             (5)  non-mutual issue preclusion or non-mutual claim
  	preclusion;
  	             (6)  the consent of the unborn child's mother to the
  	abortion; or
  	             (7)  any claim that the enforcement of this subchapter
  	or the imposition of civil liability against the defendant will
  	violate the constitutional rights of third parties, except as
  	provided by Section 171.209.
  	       (f)  It is an affirmative defense if:
  	             (1)  a person sued under Subsection (a)(2) reasonably
  	believed, after conducting a reasonable investigation, that the
  	physician performing or inducing the abortion had complied or would
  	comply with this subchapter; or
  	             (2)  a person sued under Subsection (a)(3) reasonably
  	believed, after conducting a reasonable investigation, that the
  	physician performing or inducing the abortion will comply with this
  	subchapter.
  	       (f-1)  The defendant has the burden of proving an affirmative
  	defense under Subsection (f)(1) or (2) by a preponderance of the
  	evidence.
  	       (g)  This section may not be construed to impose liability on
  	any speech or conduct protected by the First Amendment of the United
  	States Constitution, as made applicable to the states through the
  	United States Supreme Court's interpretation of the Fourteenth
  	Amendment of the United States Constitution, or by Section 8,
  	Article I, Texas Constitution.
  	       (h)  Notwithstanding any other law, this state, a state
  	official, or a district or county attorney may not intervene in an
  	action brought under this section.  This subsection does not
  	prohibit a person described by this subsection from filing an
  	amicus curiae brief in the action.
  	       (i)  Notwithstanding any other law, a court may not award
  	costs or attorney's fees under the Texas Rules of Civil Procedure or
  	any other rule adopted by the supreme court under Section 22.004,
  	Government Code, to a defendant in an action brought under this
  	section.
  	       (j)  Notwithstanding any other law, a civil action under this
  	section may not be brought by a person who impregnated the abortion
  	patient through an act of rape, sexual assault, incest, or any other
  	act prohibited by Sections 22.011, 22.021, or 25.02, Penal Code.
  	       Sec. 171.209.  CIVIL LIABILITY:  UNDUE BURDEN DEFENSE
  	LIMITATIONS.  (a)  A defendant against whom an action is brought
  	under Section 171.208 does not have standing to assert the rights of
  	women seeking an abortion as a defense to liability under that
  	section unless:
  	             (1)  the United States Supreme Court holds that the
  	courts of this state must confer standing on that defendant to
  	assert the third-party rights of women seeking an abortion in state
  	court as a matter of federal constitutional law; or
  	             (2)  the defendant has standing to assert the rights of
  	women seeking an abortion under the tests for third-party standing
  	established by the United States Supreme Court.
  	       (b)  A defendant in an action brought under Section 171.208
  	may assert an affirmative defense to liability under this section
  	if:
  	             (1)  the defendant has standing to assert the
  	third-party rights of a woman or group of women seeking an abortion
  	in accordance with Subsection (a); and
  	             (2)  the defendant demonstrates that the relief sought
  	by the claimant will impose an undue burden on that woman or that
  	group of women seeking an abortion.
  	       (c)  A court may not find an undue burden under Subsection
  	(b) unless the defendant introduces evidence proving that:
  	             (1)  an award of relief will prevent a woman or a group
  	of women from obtaining an abortion; or
  	             (2)  an award of relief will place a substantial
  	obstacle in the path of a woman or a group of women who are seeking
  	an abortion.
  	       (d)  A defendant may not establish an undue burden under this
  	section by:
  	             (1)  merely demonstrating that an award of relief will
  	prevent women from obtaining support or assistance, financial or
  	otherwise, from others in their effort to obtain an abortion; or
  	             (2)  arguing or attempting to demonstrate that an award
  	of relief against other defendants or other potential defendants
  	will impose an undue burden on women seeking an abortion.
  	       (e)  The affirmative defense under Subsection (b) is not
  	available if the United States Supreme Court overrules Roe v. Wade,
  	410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505 U.S. 833
  	(1992), regardless of whether the conduct on which the cause of
  	action is based under Section 171.208 occurred before the Supreme
  	Court overruled either of those decisions.
  	       (f)  Nothing in this section shall in any way limit or
  	preclude a defendant from asserting the defendant's personal
  	constitutional rights as a defense to liability under Section
  	171.208, and a court may not award relief under Section 171.208 if
  	the conduct for which the defendant has been sued was an exercise of
  	state or federal constitutional rights that personally belong to
  	the defendant.
  	       Sec. 171.210.  CIVIL LIABILITY:  VENUE.  
  	(a)  Notwithstanding any other law, including Section 15.002,
  	Civil Practice and Remedies Code, a civil action brought under
  	Section 171.208 shall be brought in:
  	             (1)  the county in which all or a substantial part of
  	the events or omissions giving rise to the claim occurred;
  	             (2)  the county of residence for any one of the natural
  	person defendants at the time the cause of action accrued;
  	             (3)  the county of the principal office in this state of
  	any one of the defendants that is not a natural person; or
  	             (4)  the county of residence for the claimant if the
  	claimant is a natural person residing in this state.
  	       (b)  If a civil action is brought under Section 171.208 in
  	any one of the venues described by Subsection (a), the action may
  	not be transferred to a different venue without the written consent
  	of all parties.
  	       Sec. 171.211.  SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
  	IMMUNITY PRESERVED.  (a)  This section prevails over any
  	conflicting law, including:
  	             (1)  the Uniform Declaratory Judgments Act; and
  	             (2)  Chapter 37, Civil Practice and Remedies Code.
  	       (b)  This state has sovereign immunity, a political
  	subdivision has governmental immunity, and each officer and
  	employee of this state or a political subdivision has official
  	immunity in any action, claim, or counterclaim or any type of legal
  	or equitable action that challenges the validity of any provision
  	or application of this chapter, on constitutional grounds or
  	otherwise.
  	       (c)  A provision of state law may not be construed to waive or
  	abrogate an immunity described by Subsection (b) unless it
  	expressly waives immunity under this section.
  	       Sec. 171.212.  SEVERABILITY. (a)  Mindful of Leavitt v.
  	Jane L.
  	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 chapter, and every application of the provisions in
  	this chapter, are severable from each other.
  	       (b)  If any application of any provision in this chapter to
  	any person, group of persons, or circumstances is found by a court
  	to be invalid or unconstitutional, 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 chapter 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 chapter 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 applications 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.
  	       (b-1)  If any court declares or finds a provision of this
  	chapter facially unconstitutional, when discrete applications of
  	that provision can be enforced against a person, group of persons,
  	or circumstances without violating the United States Constitution
  	and Texas Constitution, those applications shall be severed from
  	all remaining applications of the provision, and the provision
  	shall be interpreted as if the legislature had enacted a provision
  	limited to the persons, group of persons, or circumstances for
  	which the provision's application will not violate the United
  	States Constitution and Texas Constitution.
  	       (c)  The legislature further declares that it would have
  	enacted this chapter, and each provision, section, subsection,
  	sentence, clause, phrase, or word, and all constitutional
  	applications of this chapter, irrespective of the fact that any
  	provision, section, subsection, sentence, clause, phrase, or word,
  	or applications of this chapter, were to be declared
  	unconstitutional or to represent an undue burden.
  	       (d)  If any provision of this chapter 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.
  	       (e)  No court may decline to enforce the severability
  	requirements of Subsections (a), (b), (b-1), (c), and (d) on the
  	ground that severance would rewrite the statute or involve the
  	court in legislative or lawmaking activity.  A court that declines
  	to enforce or enjoins a state official from enforcing a statutory
  	provision does not rewrite a statute, as the statute continues to
  	contain the same words as before the court's decision.  A judicial
  	injunction or declaration of unconstitutionality:
  	             (1)  is nothing more than an edict prohibiting
  	enforcement that may subsequently be vacated by a later court if
  	that court has a different understanding of the requirements of the
  	Texas Constitution or United States Constitution;
  	             (2)  is not a formal amendment of the language in a
  	statute; and
  	             (3)  no more rewrites a statute than a decision by the
  	executive not to enforce a duly enacted statute in a limited and
  	defined set of circumstances.
  	       SECTION 4.  Chapter 30, Civil Practice and Remedies Code, is
  	amended by adding Section 30.022 to read as follows:
  	       Sec. 30.022.  AWARD OF ATTORNEY'S FEES IN ACTIONS
  	CHALLENGING ABORTION LAWS.  (a)  Notwithstanding any other law, any
  	person, including an entity, attorney, or law firm, who seeks
  	declaratory or injunctive relief to prevent this state, a political
  	subdivision, any governmental entity or public official in this
  	state, or any person in this state from enforcing any statute,
  	ordinance, rule, regulation, or any other type of law that
  	regulates or restricts abortion or that limits taxpayer funding for
  	individuals or entities that perform or promote abortions, in any
  	state or federal court, or that represents any litigant seeking
  	such relief in any state or federal court, is jointly and severally
  	liable to pay the costs and attorney's fees of the prevailing party.
  	       (b)  For purposes of this section, a party is considered a
  	prevailing party if a state or federal court:
  	             (1)  dismisses any claim or cause of action brought
  	against the party that seeks the declaratory or injunctive relief
  	described by Subsection (a), regardless of the reason for the
  	dismissal; or
  	             (2)  enters judgment in the party's favor on any such
  	claim or cause of action.
  	       (c)  Regardless of whether a prevailing party sought to
  	recover costs or attorney's fees in the underlying action, a
  	prevailing party under this section may bring a civil action to
  	recover costs and attorney's fees against a person, including an
  	entity, attorney, or law firm, that sought declaratory or
  	injunctive relief described by Subsection (a) not later than the
  	third anniversary of the date on which, as applicable:
  	             (1)  the dismissal or judgment described by Subsection
  	(b) becomes final on the conclusion of appellate review; or
  	             (2)  the time for seeking appellate review expires.
  	       (d)  It is not a defense to an action brought under
  	Subsection (c) that:
  	             (1)  a prevailing party under this section failed to
  	seek recovery of costs or attorney's fees in the underlying action;
  	             (2)  the court in the underlying action declined to
  	recognize or enforce the requirements of this section; or
  	             (3)  the court in the underlying action held that any
  	provisions of this section are invalid, unconstitutional, or
  	preempted by federal law, notwithstanding the doctrines of issue or
  	claim preclusion.
  	       SECTION 5.  Subchapter C, Chapter 311, Government Code, is
  	amended by adding Section 311.036 to read as follows:
  	       Sec. 311.036.  CONSTRUCTION OF ABORTION STATUTES. (a)  A
  	statute that regulates or prohibits abortion may not be construed
  	to repeal any other statute that regulates or prohibits abortion,
  	either wholly or partly, unless the repealing statute explicitly
  	states that it is repealing the other statute.
  	       (b)  A statute may not be construed to restrict a political
  	subdivision from regulating or prohibiting abortion in a manner
  	that is at least as stringent as the laws of this state unless the
  	statute explicitly states that political subdivisions are
  	prohibited from regulating or prohibiting abortion in the manner
  	described by the statute.
  	       (c)  Every statute that regulates or prohibits abortion is
  	severable in each of its applications to every person and
  	circumstance.  If any statute that regulates or prohibits abortion
  	is found by any court to be unconstitutional, either on its face or
  	as applied, then all applications of that statute that do not
  	violate the United States Constitution and Texas Constitution shall
  	be severed from the unconstitutional applications and shall remain
  	enforceable, notwithstanding any other law, and the statute shall
  	be interpreted as if containing language limiting the statute's
  	application to the persons, group of persons, or circumstances for
  	which the statute's application will not violate the United States
  	Constitution and Texas Constitution.
  	       SECTION 6.  Section 171.005, Health and Safety Code, is
  	amended to read as follows:
  	       Sec. 171.005.  COMMISSION [DEPARTMENT] TO ENFORCE;
  	EXCEPTION. The commission [department] shall enforce this chapter
  	except for Subchapter H, which shall be enforced exclusively
  	through the private civil enforcement actions described by Section
  	171.208 and may not be enforced by the commission.
  	       SECTION 7.  Subchapter A, Chapter 171, Health and Safety
  	Code, is amended by adding Section 171.008 to read as follows:
  	       Sec. 171.008.  REQUIRED DOCUMENTATION. (a)  If an abortion
  	is performed or induced on a pregnant woman because of a medical
  	emergency, the physician who performs or induces the abortion shall
  	execute a written document that certifies the abortion is necessary
  	due to a medical emergency and specifies the woman's medical
  	condition requiring the abortion.
  	       (b)  A physician shall:
  	             (1)  place the document described by Subsection (a) in
  	the pregnant woman's medical record; and
  	             (2)  maintain a copy of the document described by
  	Subsection (a) in the physician's practice records.
  	       (c)  A physician who performs or induces an abortion on a
  	pregnant woman shall:
  	             (1)  if the abortion is performed or induced to
  	preserve the health of the pregnant woman, execute a written
  	document that:
  	                   (A)  specifies the medical condition the abortion
  	is asserted to address; and
  	                   (B)  provides the medical rationale for the
  	physician's conclusion that the abortion is necessary to address
  	the medical condition; or
  	             (2)  for an abortion other than an abortion described
  	by Subdivision (1), specify in a written document that maternal
  	health is not a purpose of the abortion.
  	       (d)  The physician shall maintain a copy of a document
  	described by Subsection (c) in the physician's practice records.
  	       SECTION 8.  Section 171.012(a), Health and Safety Code, is
  	amended to read as follows:
  	       (a)  Consent to an abortion is voluntary and informed only
  	if:
  	             (1)  the physician who is to perform or induce the
  	abortion informs the pregnant woman on whom the abortion is to be
  	performed or induced of:
  	                   (A)  the physician's name;
  	                   (B)  the particular medical risks associated with
  	the particular abortion procedure to be employed, including, when
  	medically accurate:
  	                         (i)  the risks of infection and hemorrhage;
  	                         (ii)  the potential danger to a subsequent
  	pregnancy and of infertility; and
  	                         (iii)  the possibility of increased risk of
  	breast cancer following an induced abortion and the natural
  	protective effect of a completed pregnancy in avoiding breast
  	cancer;
  	                   (C)  the probable gestational age of the unborn
  	child at the time the abortion is to be performed or induced; and
  	                   (D)  the medical risks associated with carrying
  	the child to term;
  	             (2)  the physician who is to perform or induce the
  	abortion or the physician's agent informs the pregnant woman that:
  	                   (A)  medical assistance benefits may be available
  	for prenatal care, childbirth, and neonatal care;
  	                   (B)  the father is liable for assistance in the
  	support of the child without regard to whether the father has
  	offered to pay for the abortion; and
  	                   (C)  public and private agencies provide
  	pregnancy prevention counseling and medical referrals for
  	obtaining pregnancy prevention medications or devices, including
  	emergency contraception for victims of rape or incest;
  	             (3)  the physician who is to perform or induce the
  	abortion or the physician's agent:
  	                   (A)  provides the pregnant woman with the printed
  	materials described by Section 171.014; and
  	                   (B)  informs the pregnant woman that those
  	materials:
  	                         (i)  have been provided by the commission
  	[Department of State Health Services];
  	                         (ii)  are accessible on an Internet website
  	sponsored by the commission [department];
  	                         (iii)  describe the unborn child and list
  	agencies that offer alternatives to abortion; and
  	                         (iv)  include a list of agencies that offer
  	sonogram services at no cost to the pregnant woman;
  	             (4)  before any sedative or anesthesia is administered
  	to the pregnant woman and at least 24 hours before the abortion or
  	at least two hours before the abortion if the pregnant woman waives
  	this requirement by certifying that she currently lives 100 miles
  	or more from the nearest abortion provider that is a facility
  	licensed under Chapter 245 or a facility that performs more than 50
  	abortions in any 12-month period:
  	                   (A)  the physician who is to perform or induce the
  	abortion or an agent of the physician who is also a sonographer
  	certified by a national registry of medical sonographers performs a
  	sonogram on the pregnant woman on whom the abortion is to be
  	performed or induced;
  	                   (B)  the physician who is to perform or induce the
  	abortion displays the sonogram images in a quality consistent with
  	current medical practice in a manner that the pregnant woman may
  	view them;
  	                   (C)  the physician who is to perform or induce the
  	abortion provides, in a manner understandable to a layperson, a
  	verbal explanation of the results of the sonogram images, including
  	a medical description of the dimensions of the embryo or fetus, the
  	presence of cardiac activity, and the presence of external members
  	and internal organs; and
  	                   (D)  the physician who is to perform or induce the
  	abortion or an agent of the physician who is also a sonographer
  	certified by a national registry of medical sonographers makes
  	audible the heart auscultation for the pregnant woman to hear, if
  	present, in a quality consistent with current medical practice and
  	provides, in a manner understandable to a layperson, a simultaneous
  	verbal explanation of the heart auscultation;
  	             (5)  before receiving a sonogram under Subdivision
  	(4)(A) and before the abortion is performed or induced and before
  	any sedative or anesthesia is administered, the pregnant woman
  	completes and certifies with her signature an election form that
  	states as follows:
  	"ABORTION AND SONOGRAM ELECTION
  	             (1)  THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY
  	SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN
  	PROVIDED AND EXPLAINED TO ME.
  	             (2)  I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN
  	ABORTION.
  	             (3)  TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR
  	TO RECEIVING AN ABORTION.
  	             (4)  I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE
  	SONOGRAM IMAGES.
  	             (5)  I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE
  	HEARTBEAT.
  	             (6)  I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN
  	EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO
  	ONE OF THE FOLLOWING:
  	             ___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT,
  	INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN
  	REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN
  	REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT
  	RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
  	             ___ I AM A MINOR AND OBTAINING AN ABORTION IN ACCORDANCE
  	WITH JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS FAMILY
  	CODE.
  	             ___ MY UNBORN CHILD [FETUS] HAS AN IRREVERSIBLE MEDICAL
  	CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC
  	PROCEDURES AND DOCUMENTED IN MY MEDICAL FILE.
  	             (7)  I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND
  	WITHOUT COERCION.
  	             (8)  FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE
  	NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER
  	245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE
  	THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
  	             I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR
  	MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED
  	UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS
  	IN ANY 12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS
  	AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE ABORTION
  	PROCEDURE. MY PLACE OF RESIDENCE IS:__________.
  	       ________________________________________
  	       SIGNATURE                        DATE";
  	             (6)  before the abortion is performed or induced, the
  	physician who is to perform or induce the abortion receives a copy
  	of the signed, written certification required by Subdivision (5);
  	and
  	             (7)  the pregnant woman is provided the name of each
  	person who provides or explains the information required under this
  	subsection.
  	       SECTION 9.  Section 245.011(c), Health and Safety Code, is
  	amended to read as follows:
  	       (c)  The report must include:
  	             (1)  whether the abortion facility at which the
  	abortion is performed is licensed under this chapter;
  	             (2)  the patient's year of birth, race, marital status,
  	and state and county of residence;
  	             (3)  the type of abortion procedure;
  	             (4)  the date the abortion was performed;
  	             (5)  whether the patient survived the abortion, and if
  	the patient did not survive, the cause of death;
  	             (6)  the probable post-fertilization age of the unborn
  	child based on the best medical judgment of the attending physician
  	at the time of the procedure;
  	             (7)  the date, if known, of the patient's last menstrual
  	cycle;
  	             (8)  the number of previous live births of the patient;
  	[and]
  	             (9)  the number of previous induced abortions of the
  	patient;
  	             (10)  whether the abortion was performed or induced
  	because of a medical emergency and any medical condition of the
  	pregnant woman that required the abortion; and
  	             (11)  the information required under Sections
  	171.008(a) and (c).
  	       SECTION 10.  Every provision in this Act and every
  	application of the provision in this Act are severable from each
  	other.  If any provision or application of any provision in this Act
  	to any person, group of persons, or circumstance is held by a court
  	to be invalid, the invalidity does not affect the other provisions
  	or applications of this Act.
  	       SECTION 11.  The change in law made by this Act applies only
  	to an abortion performed or induced on or after the effective date
  	of this Act.
  	       SECTION 12.  This Act takes effect September 1, 2021