SB1521 - Relating to the regulation of abortion and related matters, including the repeal of certain abortion laws, a deposition request before filing certain civil actions, and municipal or county authority to prohibit movement.

  89R13357 JG-D     By: Johnson S.B. No. 1521       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of abortion and related matters,   including the repeal of certain abortion laws, a deposition request   before filing certain civil actions, and municipal or county   authority to prohibit movement.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 20, Civil Practice and Remedies Code, is   amended by adding Section 20.003 to read as follows:           Sec.   20.003.     DEPOSITION REQUEST BEFORE FILING ACTION. (a)   Subject to Subsection (b), a person may petition a court for an   order authorizing the conduct of a deposition on oral examination   or written questions to:                 (1)     perpetuate or obtain the person's own testimony or   another person's testimony for use in an anticipated action; or                 (2)  investigate a potential claim or action.           (b)     A person may not petition the court for a deposition   described by Subsection (a) if the person has not sustained or will   not reasonably expect to sustain actual damages in the person's   anticipated or potential claim or action.           (c)     A person who files a petition in violation of this   section is liable to each person attempted to be deposed in the   petition for that person's attorney's fees incurred in defending   against the petition.           (d)     Notwithstanding Section 22.004, Government Code, this   section may not be modified or repealed by a rule adopted by the   supreme court.          SECTION 2.  The heading to Section 151.002, Family Code, is   amended to read as follows:          Sec. 151.002.  RIGHTS OF A LIVING CHILD AFTER AN ABORTION OR   PREMATURE BIRTH[ ; CIVIL PENALTY; CRIMINAL OFFENSE ].          SECTION 3.  Section 311.036, Government Code, is amended by   adding Subsection (d) to read as follows:           (d)     A statute regulating or prohibiting abortion may not be   construed to authorize the imposition or incurrence of criminal,   civil, or administrative penalties or liability on a pregnant   individual on whom an abortion is performed, induced, or attempted.          SECTION 4.  Section 170.002(c), Health and Safety Code, is   amended to read as follows:          (c)  A physician who performs an abortion that, according to   the physician's best medical judgment at the time of the abortion,   is to abort a viable unborn child during the third trimester of the   pregnancy shall certify in writing to the commission, on a form   prescribed by the commission, the medical indications supporting   the physician's judgment that the abortion was authorized by   Subsection (b)(2) or (3).  [ If the physician certifies the abortion   was authorized by Subsection (b)(3), the physician shall certify in   writing on the form the fetal abnormality identified by the   physician. ]  The certification must be made not later than the 30th   day after the date the abortion was performed.          SECTION 5.  Subchapter A, Chapter 171, Health and Safety   Code, is amended by adding Section 171.009 to read as follows:           Sec.   171.009.     TRAVEL ASSISTANCE TO OBTAIN ABORTION OUTSIDE   STATE. Notwithstanding any other law, a person may provide to an   individual direct or indirect assistance for traveling outside of   this state to obtain an abortion.          SECTION 6.  Section 171.061, Health and Safety Code, is   amended by adding Subdivision (3) and amending Subdivision (8-a) to   read as follows:                 (3)     "Final printed label" means the informational   document the United States Food and Drug Administration approves   for an abortion-inducing drug that:                       (A)     outlines the protocol authorized by that   agency and agreed to by the drug company applying for authorization   of the drug by that agency; and                       (B)     delineates the manner in which a drug is to be   used according to approval by that agency.                (8-a)  "Provide" means, as used with regard to   abortion-inducing drugs, any act of giving, selling, dispensing,   administering, [ transferring possession, ] or otherwise providing   or prescribing an abortion-inducing drug.          SECTION 7.  Subchapter D, Chapter 171, Health and Safety   Code, is amended by adding Section 171.0611 to read as follows:           Sec.   171.0611.     EFFECT OF OTHER LAWS; LOCAL REGULATION. (a)   Notwithstanding any other law, a physician may provide an   abortion-inducing drug to a pregnant individual in accordance with   this subchapter. To the extent a provision of this subchapter   conflicts with any other law, this subchapter controls.           (b)     A political subdivision may not adopt or enforce an   ordinance, order, or other measure that conflicts with this   section.          SECTION 8.  Section 171.063, Health and Safety Code, is   amended by amending Subsections (a), (c), and (e) and adding   Subsection (b) to read as follows:          (a)  A person may not knowingly provide an abortion-inducing   drug to a pregnant woman for the purpose of inducing an abortion in   the pregnant woman or enabling another person to induce an abortion   in the pregnant woman unless:                (1)  the person who provides the abortion-inducing drug   is a physician; and                (2)   except as otherwise provided by Subsection (b),   the provision of the abortion-inducing drug satisfies the protocol   tested and authorized by the United States Food and Drug   Administration as outlined in the final printed label of the   abortion-inducing drug [ this subchapter ].           (b)     A person may provide the abortion-inducing drug in the   dosage amount the clinical management guidelines prescribe in the   American College of Obstetricians and Gynecologists Practice   Bulletin as those guidelines existed on January 1, 2013.          (c)  Before the physician provides an abortion-inducing   drug, the physician must:                (1)  examine the pregnant woman [ in person ]; and                (2)  [ independently verify that a pregnancy exists;                [ (3) ]  document, in the woman's medical record, the   gestational age and intrauterine location of the pregnancy [ to   determine whether an ectopic pregnancy exists;                [ (4)     determine the pregnant woman's blood type, and   for a woman who is Rh negative, offer to administer Rh   immunoglobulin (RhoGAM) at the time the abortion-inducing drug is   administered or used or the abortion is performed or induced to   prevent Rh incompatibility, complications, or miscarriage in   future pregnancies;                [ (5)     document whether the pregnant woman received   treatment for Rh negativity, as diagnosed by the most accurate   standard of medical care; and                [ (6)     ensure the physician does not provide an   abortion-inducing drug for a pregnant woman whose pregnancy is more   than 49 days of gestational age ].          (e)  A physician who provides the abortion-inducing drug, or   the physician's agent, must schedule a follow-up visit for the   woman to occur not later than the 14th day after the administration   [ earliest date on which the abortion-inducing drug is administered ]   or use of the abortion-inducing drug [ used or the abortion is   performed or induced ].  At the follow-up visit, the physician must:                (1)  confirm that the woman's pregnancy is completely   terminated; and                (2)  assess any continued blood loss.          SECTION 9.  Section 171.206(b), Health and Safety Code, is   amended to read as follows:          (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.          SECTION 10.  Section 171.207(b), Health and Safety Code, is   amended to read as follows:          (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.          SECTION 11.  Section 171.208, Health and Safety Code, is   amended by adding Subsection (a-1) to read as follows:           (a-1)     A civil action under Subsection (a)(2) or (3) may not   be brought against a person for providing or intending to provide to   an individual direct or indirect assistance for traveling outside   of this state to obtain an abortion.          SECTION 12.  Title 14, Local Government Code, is amended by   adding Subtitle C to read as follows:   SUBTITLE C. TRANSPORTATION PROVISIONS APPLYING TO MORE THAN ONE   TYPE OF LOCAL GOVERNMENT   CHAPTER 651. TRAVEL PROHIBITIONS           Sec.   651.001.     TRAVEL PROHIBITIONS. A municipality or   county may not adopt or enforce an ordinance, order, or other   measure that prohibits the travel of a person through the   municipality or county based on any purpose for the travel.          SECTION 13.  The following provisions are repealed:                (1)  Subchapter L, Chapter 74, Civil Practice and   Remedies Code;                (2)  Sections 151.002(c), (d), (e), (f), and (g),   Family Code;                (3)  Section 2273.005, Government Code;                (4)  Chapter 170A, Health and Safety Code;                (5)  Section 171.006, Health and Safety Code, as added   by Chapter 4 (H.B. 13), Acts of the 85th Legislature, First Called   Session, 2017;                (6)  Section 171.006, Health and Safety Code, as added   by Chapter 9 (H.B. 215), Acts of the 85th Legislature, First Called   Session, 2017;        &#x [Text truncated for display. Full text available on LegiScan.]