By: Slawson H.B. No. 1515       A BILL TO BE ENTITLED   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  The legislature finds that the State of Texas   never repealed, either expressly or by implication, the state   statutes enacted before the ruling in Roe v. Wade, 410 U.S. 113   (1973), that prohibit and criminalize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) Section 171.204 does 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) The   requirements of this subchapter shall be enforced exclusively   through the private civil enforcement 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 chapter;                (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 chapter, regardless of whether the person knew or should have   known that the abortion would be performed or induced in violation   of this chapter.          (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 chapter or engaging in acts that aid   or abet violations of this chapter;                (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 chapter, and for each abortion performed or   induced in violation of this chapter 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 if the defendant demonstrates that the   defendant previously paid statutory damages in a previous action   for that particular abortion performed or induced in violation of   this chapter, or for the particular conduct that aided or abetted an   abortion performed or induced in violation of this chapter.          (d)  Notwithstanding Chapter 16, Civil Practice and Remedies   Code, a person may bring an action under this section not later than   the sixth 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   chapter 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 chapter;                (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)  nonmutual issue preclusion or nonmutual claim   preclusion;                (6)  the consent of the unborn child's mother to the   abortion; or                (7)  any claim that the enforcement of this chapter 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 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   chapter. The defendant has the burden of proving the affirmative   defense under this subsection 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.          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 is an abortion provider, an employee   of an abortion provider, or a physician who performs abortions.          (b)  A defendant in an action brought under Section 171.208   may assert an affirmative defense to liability under this section   only if:                (1)  the defendant has standing to assert the   third-party rights 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 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 an identifiable   woman or an identifiable group of women from obtaining an abortion;   or                (2)  an award of relief will place a substantial   obstacle in the path of an identifiable woman or an identifiable   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.          Sec. 171.210.  CIVIL LIABILITY: VENUE. Notwithstanding any   other law, including Section 15.002, Civil Practice and Remedies   Code, a civil action brought under Section 171.211 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.          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., 518 U.S. 137 (1996), in which in the context of determining the , 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 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 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.          (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), (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.          (f)  If any federal or state court declares unconstitutional   or enjoins the enforcement of a provision in this chapter and fails   to enforce the severability requirements of Subsections (a), (b),   (c), (d), and (e), the executive commissioner shall:                (1)  adopt rules that enforce the requirements   described by this chapter to the maximum possible extent while   avoiding the constitutional problems or other problems identified   by the federal or state court; and                (2)  issue notice of those rules, not later than the   30th day after the date of the court ruling.          (g)  If the executive commissioner fails to adopt the rules   and issue notice under Subsection (f), a person may petition for a   writ of mandamus requiring the executive commissioner to adopt the   rules and issue notice.          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, or any governmental entity or public official 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;   or                (2)  the court in the underlying action declined to   recognize or enforce the requirements of this section.          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 constitutional rights of women seeking abortions shall   be severed from the unconstitutional applications and shall remain   enforceable, notwithstanding any other law.          SECTION 6.  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 7.  Section 171.012, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsection (g) 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; and                      (E)  if a fetal heartbeat is detected under   Section 171.203, the physician who is to perform or induce the   abortion informs the woman in writing of the statistical   probability of bringing the unborn child to term:                            (i)  to the best of the physician's   knowledge, based on the gestational age of the unborn child; or                            (ii)  as provided by commission rule;                (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.          (g)  The executive commissioner may adopt rules that specify   the information required under Subsection (a)(4)(E) regarding the   statistical probability of bringing an unborn child to term based   on the gestational age of the child. The information in the rules   must be based on available medical evidence.          SECTION 8.  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;                (11)  whether the physician made a determination of the   presence of a fetal heartbeat in accordance with Section 171.203;   and                (12)  whether the physician performed or induced the   abortion under circumstances described by Section 171.205.          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.