By: Cook, et al. (Senate Sponsor - Buckingham) H.B. No. 3771          (In the Senate - Received from the House May 15, 2017;   May 15, 2017, read first time and referred to Committee on Health &   Human Services; May 19, 2017, reported favorably by the following   vote:  Yeas 5, Nays 3; May 19, 2017, sent to printer.)Click here to see the committee vote     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.  This definition, as applied in this subchapter, may not be   construed to apply to an act done with the intent to [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 cause the death of an unborn child of a   woman known to be pregnant [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.  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.          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.     * * * * *