85R27348 AJZ-D     By: Cook, Giddings, Morrison, H.B. No. 3771       Davis of Harris, Minjarez, et al.     Substitute the following for H.B. No. 3771:     By:  Giddings C.S.H.B. No. 3771       A BILL TO BE ENTITLED   AN ACT   relating to the definition of abortion.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 33.001(1), Family Code, is amended to   read as follows:                (1)  "Abortion" has the meaning assigned by Section   245.002, Health and Safety Code [means the use of any means to   terminate the pregnancy of a female known by the attending   physician to be pregnant, with the intention that the termination   of the pregnancy by those means will with reasonable likelihood   cause the death of the fetus. This definition, as applied in this   chapter, applies only to an unemancipated minor known by the   attending physician to be pregnant and may not be construed to limit   a minor's access to contraceptives].          SECTION 2.  Section 161.006(b), Family Code, is amended to   read as follows:          (b)  In this code, "abortion" has the meaning assigned by   Section 245.002, Health and Safety Code [means an intentional   expulsion of a human fetus from the body of a woman induced by any   means for the purpose of causing the death of the fetus].          SECTION 3.  Section 170.001(1), Health and Safety Code, is   amended to read as follows:                (1)  "Abortion" has the meaning assigned by Section   245.002 [means an act involving the use of an instrument, medicine,   drug, or other substance or device developed to terminate the   pregnancy of a woman if the act is done with an intention other than   to:                      [(A)     increase the probability of a live birth of   the unborn child of the woman;                      [(B)  preserve the life or health of the child; or                      [(C)  remove a dead fetus].          SECTION 4.  Section 171.002(1), Health and Safety Code, is   amended to read as follows:                (1)  "Abortion" has the meaning assigned by Section   245.002 [means the use of any means to terminate the pregnancy of a   female known by the attending physician to be pregnant with the   intention that the termination of the pregnancy by those means   will, with reasonable likelihood, cause the death of the fetus].          SECTION 5.  Section 171.061(1), Health and Safety Code, is   amended to read as follows:                (1)  "Abortion" has the meaning assigned by Section   245.002 [means the act of using, administering, prescribing, or   otherwise providing an instrument, a drug, a medicine, or any other   substance, device, or means with the intent to terminate a   clinically diagnosable pregnancy of a woman and with knowledge that   the termination by those means will, with reasonable likelihood,   cause the death of the woman's unborn child.     An act is not an   abortion if the act is done with the intent to:                      [(A)     save the life or preserve the health of an   unborn child;                      [(B)     remove a dead, unborn child whose death was   caused by spontaneous abortion;                      [(C)  remove an ectopic pregnancy; or                      [(D)     treat a maternal disease or illness for   which a prescribed drug, medicine, or other substance is   indicated].          SECTION 6.  Section 245.002(1), Health and Safety Code, is   amended to read as follows:                (1)  "Abortion" means the act of using or prescribing   an instrument, a drug, a medicine, or any other substance, device,   or means with the intent to terminate a clinically diagnosable   intrauterine pregnancy of a woman, including the elimination of one   or more unborn children in a multifetal pregnancy, and with   knowledge that the termination by those means will, with reasonable   likelihood, cause the death of the woman's unborn child. An act is   not an abortion if the act is done with the intent to:                      (A)  save the life or preserve the health of an   unborn child;                      (B)  remove a dead, unborn child whose death was   caused by spontaneous abortion; or                      (C)  remove an ectopic pregnancy [an act or   procedure performed after pregnancy has been medically verified and   with the intent to cause the termination of a pregnancy other than   for the purpose of either the birth of a live fetus or removing a   dead fetus. The term does not include birth control devices or oral   contraceptives].          SECTION 7.  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.