S.B. No. 8         AN ACT   relating to certain prohibited abortions and the treatment and   disposition of a human fetus, human fetal tissue, and embryonic and   fetal tissue remains; creating a civil cause of action; imposing a   civil penalty; creating criminal offenses.          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.  Chapter 171, Health and Safety Code, is amended   by adding Subchapters F and G to read as follows:   SUBCHAPTER F.  PARTIAL-BIRTH ABORTIONS          Sec. 171.101.  DEFINITIONS. In this subchapter:                (1)  "Partial-birth abortion" means an abortion in   which the person performing the abortion:                      (A)  for the purpose of performing an overt act   that the person knows will kill the partially delivered living   fetus, deliberately and intentionally vaginally delivers a living   fetus until:                            (i)  for a head-first presentation, the   entire fetal head is outside the body of the mother; or                            (ii)  for a breech presentation, any part of   the fetal trunk past the navel is outside the body of the mother;   and                      (B)  performs the overt act described in Paragraph   (A), other than completion of delivery, that kills the partially   delivered living fetus.                (2)  "Physician" means an individual who is licensed to   practice medicine in this state, including a medical doctor and a   doctor of osteopathic medicine.          Sec. 171.102.  PARTIAL-BIRTH ABORTIONS PROHIBITED.  (a)  A   physician or other person may not knowingly perform a partial-birth   abortion.          (b)  Subsection (a) does not apply to a physician who   performs a partial-birth abortion that is necessary to save the   life of a mother whose life is endangered by a physical disorder,   physical illness, or physical injury, including a life-endangering   physical condition caused by or arising from the pregnancy.          Sec. 171.103.  CRIMINAL PENALTY. A person who violates   Section 171.102 commits an offense.  An offense under this section   is a state jail felony.          Sec. 171.104.  CIVIL LIABILITY. (a)  Except as provided by   Subsection (b), the father of the fetus or a parent of the mother of   the fetus, if the mother is younger than 18 years of age at the time   of the partial-birth abortion, may bring a civil action to obtain   appropriate relief, including:                (1)  money damages for physical injury, mental anguish,   and emotional distress; and                (2)  exemplary damages equal to three times the cost of   the partial-birth abortion.          (b)  A person may not bring or maintain an action under this   section if:                (1)  the person consented to the partial-birth   abortion; or                (2)  the person's criminally injurious conduct resulted   in the pregnancy.          Sec. 171.105.  HEARING. (a)  A physician who is the subject   of a criminal or civil action for a violation of Section 171.102 may   request a hearing before the Texas Medical Board on whether the   physician's conduct was necessary to save the life of a mother whose   life was endangered by a physical disorder, physical illness, or   physical injury, including a life-endangering physical condition   caused by or arising from the pregnancy.          (b)  The board's findings under Subsection (a) are   admissible in any court proceeding against the physician arising   from that conduct. On the physician's motion, the court shall delay   the beginning of a criminal or civil trial for not more than 60 days   for the hearing to be held under Subsection (a).          Sec. 171.106.  APPLICABILITY. A woman on whom a   partial-birth abortion is performed or attempted in violation of   this subchapter may not be prosecuted under this subchapter or for   conspiracy to commit a violation of this subchapter.   SUBCHAPTER G. DISMEMBERMENT ABORTIONS          Sec. 171.151.  DEFINITION. In this subchapter,   "dismemberment abortion" means an abortion in which a person, with   the purpose of causing the death of an unborn child, dismembers the   living unborn child and extracts the unborn child one piece at a   time from the uterus through the use of clamps, grasping forceps,   tongs, scissors, or a similar instrument that, through the   convergence of two rigid levers, slices, crushes, or grasps, or   performs any combination of those actions on, a piece of the unborn   child's body to cut or rip the piece from the body. The term does   not include an abortion that uses suction to dismember the body of   an unborn child by sucking pieces of the unborn child into a   collection container. The term includes a dismemberment abortion   that is used to cause the death of an unborn child and in which   suction is subsequently used to extract pieces of the unborn child   after the unborn child's death.          Sec. 171.152.  DISMEMBERMENT ABORTIONS PROHIBITED. (a)  A   person may not intentionally perform a dismemberment abortion   unless the dismemberment abortion is necessary in a medical   emergency.          (b)  A woman on whom a dismemberment abortion is performed,   an employee or agent acting under the direction of a physician who   performs a dismemberment abortion, or a person who fills a   prescription or provides equipment used in a dismemberment abortion   does not violate Subsection (a).          Sec. 171.153.  CRIMINAL PENALTY. (a)  A person who violates   Section 171.152 commits an offense.          (b)  An offense under this section is a state jail felony.          Sec. 171.154.  CONSTRUCTION OF SUBCHAPTER. (a)  This   subchapter shall be construed, as a matter of state law, to be   enforceable to the maximum possible extent consistent with but not   further than federal constitutional requirements, even if that   construction is not readily apparent, as such constructions are   authorized only to the extent necessary to save the subchapter from   judicial invalidation.  Judicial reformation of statutory language   is explicitly authorized only to the extent necessary to save the   statutory provision from invalidity.          (b)  If any court determines that a provision of this   subchapter is unconstitutionally vague, the court shall interpret   the provision, as a matter of state law, to avoid the vagueness   problem and shall enforce the provision to the maximum possible   extent.  If a federal court finds any provision of this subchapter   or its application to any person, group of persons, or   circumstances to be unconstitutionally vague and declines to impose   the saving construction described by this subsection, the Supreme   Court of Texas shall provide an authoritative construction of the   objectionable statutory provisions that avoids the constitutional   problems while enforcing the statute's restrictions to the maximum   possible extent and shall agree to answer any question certified   from a federal appellate court regarding the statute.          (c)  A state executive or administrative official may not   decline to enforce this subchapter, or adopt a construction of this   subchapter in a way that narrows its applicability, based on the   official's own beliefs concerning the requirements of the state or   federal constitution, unless the official is enjoined by a state or   federal court from enforcing this subchapter.          (d)  This subchapter may not be construed to:                (1)  authorize the prosecution of or a cause of action   to be brought against a woman on whom an abortion is performed or   induced in violation of this subchapter; or                (2)  create or recognize a right to abortion or a right   to a particular method of abortion.          SECTION 7.  Subtitle H, Title 2, Health and Safety Code, is   amended by adding Chapter 173 to read as follows:   CHAPTER 173.  DONATION OF HUMAN FETAL TISSUE          Sec. 173.001.  DEFINITIONS. In this chapter:                (1)  "Authorized facility" means:                      (A)  a hospital licensed under Chapter 241;                      (B)  a hospital maintained or operated by this   state or an agency of this state;                      (C)  an ambulatory surgical center licensed under   Chapter 243; or                      (D)  a birthing center licensed under Chapter 244.                (2)  "Human fetal tissue" means any gestational human   organ, cell, or tissue from an unborn child.  The term does not   include:                      (A)  supporting cells or tissue derived from a   pregnancy or associated maternal tissue that is not part of the   unborn child; or                      (B)  the umbilical cord or placenta, provided that   the umbilical cord or placenta is not derived from an elective   abortion.          Sec. 173.002.  APPLICABILITY. This chapter does not apply   to:                (1)  human fetal tissue obtained for diagnostic or   pathological testing;                 (2)  human fetal tissue obtained for a criminal   investigation;                (3)  human fetal tissue or human tissue obtained during   pregnancy or at delivery of a child, provided the tissue is obtained   by an accredited public or private institution of higher education   for use in research approved by an institutional review board or   another appropriate board, committee, or body charged with   oversight applicable to the research; or                (4)  cell lines derived from human fetal tissue or   human tissue existing on September 1, 2017, that are used by an   accredited public or private institution of higher education in   research approved by an institutional review board or another   appropriate board, committee, or body charged with oversight   applicable to the research.          Sec. 173.003.  ENFORCEMENT. (a)  The department shall   enforce this chapter.          (b)  The attorney general, on request of the department or a   local law enforcement agency, may assist in the investigation of a   violation of this chapter.          Sec. 173.004.  PROHIBITED DONATION.  A person may not donate   human fetal tissue except as authorized by this chapter.          Sec. 173.005.  DONATION BY AUTHORIZED FACILITY. (a)  Only   an authorized facility may donate human fetal tissue. An   authorized facility may donate human fetal tissue only to an   accredited public or private institution of higher education for   use in research approved by an institutional review board or   another appropriate board, committee, or body charged with   oversight applicable to the research.          (b)  An authorized facility may not donate human fetal tissue   obtained from an elective abortion.          Sec. 173.006.  INFORMED CONSENT REQUIRED. An authorized   facility may not donate human fetal tissue under this chapter   unless the facility has obtained the written, voluntary, and   informed consent of the woman from whose pregnancy the fetal tissue   is obtained. The consent must be provided on a standard form   prescribed by the department.          Sec. 173.007.  CRIMINAL PENALTY.  (a)  A person commits an   offense if the person:                (1)  offers a woman monetary or other consideration to:                      (A)  have an abortion for the purpose of donating   human fetal tissue; or                      (B)  consent to the donation of human fetal   tissue; or                (2)  knowingly or intentionally solicits or accepts   tissue from a fetus gestated solely for research purposes.          (b)  An offense under this section is a Class A misdemeanor   punishable by a fine of not more than $10,000.          (c)  With the consent of the appropriate local county or   district attorney, the attorney general has concurrent   jurisdiction with that consenting local prosecutor to prosecute an   offense under this section.          Sec. 173.008.  RECORD RETENTION. Unless another law   requires a longer period of record retention, an authorized   facility may not dispose of any medical record relating to a woman   who consents to the donation of human fetal tissue before:                (1)  the seventh anniversary of the date consent was   obtained under Section 173.006; or                (2)  if the woman was younger than 18 years of age on   the date consent was obtained under Section 173.006, the later of:                      (A)  the woman's 23rd birthday; or                      (B)  the seventh anniversary of the date consent   was obtained.          Sec. 173.009.  ANNUAL REPORT. An authorized facility that   donates human fetal tissue under this chapter shall submit an   annual report to the department that includes for each donation:                (1)  the specific type of fetal tissue donated; and                (2)  the accredited public or private institution of   higher education that received the donation.          SECTION 8.  Section 245.002, Health and Safety Code, is   amended by amending Subdivisions (1) and (4-a) and adding   Subdivision (4-b) 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.                (4-a)  "Ectopic pregnancy" means the implantation of a   fertilized egg or embryo outside of the uterus.                (4-b)  "Executive commissioner" means the executive   commissioner of the Health and Human Services Commission.          SECTION 9.  Section 245.005(e), Health and Safety Code, is   amended to read as follows:          (e)  As a condition for renewal of a license, the licensee   must submit to the department the annual license renewal fee and an   annual report[, including the report required under Section   245.011].          SECTION 10.  The heading to Section 245.011, Health and   Safety Code, is amended to read as follows:          Sec. 245.011.  PHYSICIAN REPORTING REQUIREMENTS; CRIMINAL   PENALTY.          SECTION 11.  Section 245.011, Health and Safety Code, is   amended by amending Subsections (a), (b), (d), and (e) and adding   Subsections (f) and (g) to read as follows:          (a)  A physician who performs an abortion at an [Each]   abortion facility must complete and submit a monthly [an annual]   report to the department on each abortion [that is] performed by the   physician at the abortion facility. The report must be submitted on   a form provided by the department.          (b)  The report may not identify by any means [the physician   performing the abortion or] the patient.          (d)  Except as provided by Section 245.023, all information   and records held by the department under this chapter are   confidential and are not open records for the purposes of Chapter   552, Government Code. That information may not be released or made   public on subpoena or otherwise, except that release may be made:                (1)  for statistical purposes, but only if a person,   patient, physician performing an abortion, or abortion facility is   not identified;                (2)  with the consent of each person, patient,   physician, and abortion facility identified in the information   released;                (3)  to medical personnel, appropriate state agencies,   or county and district courts to enforce this chapter; or                (4)  to appropriate state licensing boards to enforce   state licensing laws.          (e)  A person commits an offense if the person violates   Subsection (b), (c), or (d) [this section]. An offense under this   subsection is a Class A misdemeanor.          (f)  Not later than the 15th day of each month, a physician   shall submit to the department the report required by this section   for each abortion performed by the physician at an abortion   facility in the preceding calendar month.          (g)  The department shall establish and maintain a secure   electronic reporting system for the submission of the reports   required by this section. The department shall adopt procedures to   enforce this section and to ensure that only physicians who perform   one or more abortions during the preceding calendar month are   required to file the reports under this section for that month.          SECTION 12.  Chapter 245, Health and Safety Code, is amended   by adding Sections 245.0115 and 245.0116 to read as follows:          Sec. 245.0115.  NOTIFICATION. Not later than the seventh   day after the date the report required by Section 245.011 is due,   the commissioner of state health services shall notify the Texas   Medical Board of a violation of that section.          Sec. 245.0116.  DEPARTMENT REPORT. (a)  The department   shall publish on its Internet website a monthly report containing   aggregate data of the information in the reports submitted under   Section 245.011.          (b)  The department's monthly report may not identify by any   means an abortion facility, a physician performing the abortion, or   a patient.          SECTION 13.  Subtitle B, Title 8, Health and Safety Code, is   amended by adding Chapter 697 to read as follows:   CHAPTER 697. DISPOSITION OF EMBRYONIC AND FETAL TISSUE REMAINS          Sec. 697.001.  PURPOSE. The purpose of this chapter is to   express the state's profound respect for the life of the unborn by   providing for a dignified disposition of embryonic and fetal tissue   remains.          Sec. 697.002.  DEFINITIONS. In this chapter:                (1)  "Cremation" means the irreversible process of   reducing remains to bone fragments through direct flame, extreme   heat, and evaporation.                (2)  "Department" means the Department of State Health   Services.                (3)  "Embryonic and fetal tissue remains" means an   embryo, a fetus, body parts, or organs from a pregnancy that   terminates in the death of the embryo or fetus and for which the   issuance of a fetal death certificate is not required by state law.   The term does not include the umbilical cord, placenta, gestational   sac, blood, or body fluids.                (4)  "Executive commissioner" means the executive   commissioner of the Health and Human Services Commission.                (5)  "Incineration" means the process of burning   remains in an incinerator.                (6)  "Interment" means the disposition of remains by   entombment, burial, or placement in a niche.                (7)  "Steam disinfection" means the act of subjecting   remains to steam under pressure to disinfect the remains.          Sec. 697.003.  APPLICABILITY OF OTHER LAW. Embryonic and   fetal tissue remains are not pathological waste under state law.   Unless otherwise provided by this chapter, Chapters 711 and 716 of   this code and Chapter 651, Occupations Code, do not apply to the   disposition of embryonic and fetal tissue remains.          Sec. 697.004.  DISPOSITION OF EMBRYONIC AND FETAL TISSUE   REMAINS. (a)  Subject to Section 241.010, a health care facility   in this state that provides health or medical care to a pregnant   woman shall dispose of embryonic and fetal tissue remains that are   passed or delivered at the facility by:                (1)  interment;                (2)  cremation;                (3)  incineration followed by interment; or                (4)  steam disinfection followed by interment.          (b)  The ashes resulting from the cremation or incineration   of embryonic and fetal tissue remains:                (1)  may be interred or scattered in any manner as   authorized by law for human remains; and                (2)  may not be placed in a landfill.          (c)  A health care facility responsible for disposing of   embryonic and fetal tissue remains may coordinate with an entity in   the registry established under Section 697.005 in an effort to   offset the cost associated with burial or cremation of the   embryonic and fetal tissue remains of an unborn child.          (d)  Notwithstanding any other law, the umbilical cord,   placenta, gestational sac, blood, or body fluids from a pregnancy   terminating in the death of the embryo or fetus for which the   issuance of a fetal death certificate is not required by state law   may be disposed of in the same manner as and with the embryonic and   fetal tissue remains from that same pregnancy as authorized by this   chapter.          Sec. 697.005.  BURIAL OR CREMATION ASSISTANCE REGISTRY. The   department shall:                (1)  establish and maintain a registry of:                      (A)  participating funeral homes and cemeteries   willing to provide free common burial or low-cost private burial;   and                      (B)  private nonprofit organizations that   register with the department to provide financial assistance for   the costs associated with burial or cremation of the embryonic and   fetal tissue remains of an unborn child; and                (2)  make the registry information available on request   to a physician, health care facility, or agent of a physician or   health care facility.          Sec. 697.006.  ETHICAL FETAL REMAINS GRANT PROGRAM. The   department shall develop a grant program that uses private   donations to provide financial assistance for the costs associated   with disposing of embryonic and fetal tissue remains.          Sec. 697.007.  SUSPENSION OR REVOCATION OF LICENSE. The   department may suspend or revoke the license of a health care   facility that violates this chapter or a rule adopted under this   chapter.          Sec. 697.008.  CIVIL PENALTY. (a)  A person that violates   this chapter or a rule adopted under this chapter is liable for a   civil penalty in an amount of $1,000 for each violation.          (b)  The attorney general, at the request of the department,   may sue to collect the civil penalty.  The attorney general may   recover reasonable expenses incurred in collecting the civil   penalty, including court costs, reasonable attorney's fees,   investigation costs, witness fees, and disposition expenses.          Sec. 697.009.  RULES.  The executive commissioner shall   adopt rules to implement this chapter.          SECTION 14.  Section 164.052(a), Occupations Code, is   amended to read as follows:          (a)  A physician or an applicant for a license to practice   medicine commits a prohibited practice if that person:                (1)  submits to the board a false or misleading   statement, document, or certificate in an application for a   license;                (2)  presents to the board a license, certificate, or   diploma that was illegally or fraudulently obtained;                (3)  commits fraud or deception in taking or passing an   examination;                (4)  uses alcohol or drugs in an intemperate manner   that, in the board's opinion, could endanger a patient's life;                (5)  commits unprofessional or dishonorable conduct   that is likely to deceive or defraud the public, as provided by   Section 164.053, or injure the public;                (6)  uses an advertising statement that is false,   misleading, or deceptive;                (7)  advertises professional superiority or the   performance of professional service in a superior manner if that   advertising is not readily subject to verification;                (8)  purchases, sells, barters, or uses, or offers to   purchase, sell, barter, or use, a medical degree, license,   certificate, or diploma, or a transcript of a license, certificate,   or diploma in or incident to an application to the board for a   license to practice medicine;                (9)  alters, with fraudulent intent, a medical license,   certificate, or diploma, or a transcript of a medical license,   certificate, or diploma;                (10)  uses a medical license, certificate, or diploma,   or a transcript of a medical license, certificate, or diploma that   has been:                      (A)  fraudulently purchased or issued;                      (B)  counterfeited; or                      (C)  materially altered;                (11)  impersonates or acts as proxy for another person   in an examination required by this subtitle for a medical license;                (12)  engages in conduct that subverts or attempts to   subvert an examination process required by this subtitle for a   medical license;                (13)  impersonates a physician or permits another to   use the person's license or certificate to practice medicine in   this state;                (14)  directly or indirectly employs a person whose   license to practice medicine has been suspended, canceled, or   revoked;                (15)  associates in the practice of medicine with a   person:                      (A)  whose license to practice medicine has been   suspended, canceled, or revoked; or                      (B)  who has been convicted of the unlawful   practice of medicine in this state or elsewhere;                (16)  performs or procures a criminal abortion, aids or   abets in the procuring of a criminal abortion, attempts to perform   or procure a criminal abortion, or attempts to aid or abet the   performance or procurement of a criminal abortion;                (17)  directly or indirectly aids or abets the practice   of medicine by a person, partnership, association, or corporation   that is not licensed to practice medicine by the board;                (18)  performs an abortion on a woman who is pregnant   with a viable unborn child during the third trimester of the   pregnancy unless:                      (A)  the abortion is necessary to prevent the   death of the woman;                      (B)  the viable unborn child has a severe,   irreversible brain impairment; or                      (C)  the woman is diagnosed with a significant   likelihood of suffering imminent severe, irreversible brain damage   or imminent severe, irreversible paralysis;                (19)  performs an abortion on an unemancipated minor   without the written consent of the child's parent, managing   conservator, or legal guardian or without a court order, as   provided by Section 33.003 or 33.004, Family Code, unless the   abortion is necessary due to a medical emergency, as defined by   Section 171.002, Health and Safety Code;                (20)  otherwise performs an abortion on an   unemancipated minor in violation of Chapter 33, Family Code; or                (21)  performs or induces or attempts to perform or   induce an abortion in violation of Subchapter C, F, or G, Chapter   171, Health and Safety Code.          SECTION 15.  Section 164.055(b), Occupations Code, is   amended to read as follows:          (b)  The sanctions provided by Subsection (a) are in addition   to any other grounds for refusal to admit persons to examination   under this subtitle or to issue a license or renew a license to   practice medicine under this subtitle.  The criminal penalties   provided by Section 165.152 do not apply to a violation of Section   170.002, Health and Safety Code, or Subchapter C, F, or G, Chapter   171, Health and Safety Code.          SECTION 16.  Section 48.02(a), Penal Code, is amended to   read as follows:          (a)  In this section, "human ["Human] organ" means the human   kidney, liver, heart, lung, pancreas, eye, bone, skin, [fetal   tissue,] or any other human organ or tissue, but does not include   hair or blood, blood components (including plasma), blood   derivatives, or blood reagents.  The term does not include human   fetal tissue as defined by Section 48.03.          SECTION 17.  Chapter 48, Penal Code, is amended by adding   Section 48.03 to read as follows:          Sec. 48.03.  PROHIBITION ON PURCHASE AND SALE OF HUMAN FETAL   TISSUE. (a)  In this section, "human fetal tissue" has the meaning   assigned by Section 173.001, Health and Safety Code.          (b)  A person commits an offense if the person knowingly   offers to buy, offers to sell, acquires, receives, sells, or   otherwise transfers any human fetal tissue for economic benefit.          (c)  An offense under this section is a state jail felony.          (d)  It is a defense to prosecution under this section that   the actor:                (1)  is an employee of or under contract with an   accredited public or private institution of higher education; and                (2)  acquires, receives, or transfers human fetal   tissue solely for the purpose of fulfilling a donation authorized   by Section 173.005, Health and Safety Code.          (e)  This section does not apply to:                (1)  human fetal tissue acquired, received, or   transferred solely for diagnostic or pathological testing;                 (2)  human fetal tissue acquired, received, or   transferred solely for the purposes of a criminal investigation;                (3)  human fetal tissue acquired, received, or   transferred solely for the purpose of disposing of the tissue in   accordance with state law or rules applicable to the disposition of   human fetal tissue remains;                (4)  human fetal tissue or human tissue acquired during   pregnancy or at delivery of a child, provided the tissue is acquired   by an accredited public or private institution of higher education   for use in research approved by an institutional review board or   another appropriate board, committee, or body charged with   oversight applicable to the research; or                (5)  cell lines derived from human fetal tissue or   human tissue existing on September 1, 2017, that are used by an   accredited public or private institution of higher education in   research approved by an institutional review board or another   appropriate board, committee, or body charged with oversight   applicable to the research.          (f)  With the consent of the appropriate local county or   district attorney, the attorney general has concurrent   jurisdiction with that consenting local prosecutor to prosecute an   offense under this section.          SECTION 18.  (a)  Not later than December 1, 2017, the   executive commissioner of the Health and Human Services Commission   shall adopt any rules necessary to implement Section 245.011,   Health and Safety Code, as amended by this Act, and Chapters 173 and   697, Health and Safety Code, as added by this Act.          (b)  The Department of State Health Services shall:                (1)  as soon as practicable after the effective date of   this Act, develop the electronic reporting system required by   Section 245.011, Health and Safety Code, as amended by this Act;                (2)  not later than October 1, 2017, establish the   grant program required by Section 697.006, Health and Safety Code,   as added by this Act;                (3)  not later than December 1, 2017, prescribe the   standard consent form required by Section 173.006, Health and   Safety Code, as added by this Act; and                (4)  not later than February 1, 2018, begin to award   grants under the grant program described by Subdivision (2) of this   subsection.          SECTION 19.  (a)  Subchapters F and G, Chapter 171, Health   and Safety Code, as added by this Act, apply only to an abortion   performed on or after the effective date of this Act. An abortion   performed before the effective date of this Act is governed by the   law in effect immediately before the effective date of this Act, and   that law is continued in effect for that purpose.          (b)  Sections 173.003, 173.004, 173.005, and 173.006, Health   and Safety Code, as added by this Act, apply to a donation of human   fetal tissue that occurs on or after the effective date of this Act,   regardless of whether the human fetal tissue was acquired before,   on, or after that date.          (c)  An authorized facility is not required to make an   initial annual report under Section 173.009, Health and Safety   Code, as added by this Act, before January 1, 2019.          (d)  Chapter 697, Health and Safety Code, as added by this   Act, applies only to the disposition of embryonic and fetal tissue   remains that occurs on or after February 1, 2018.  The disposition   of embryonic and fetal tissue remains that occurs before February   1, 2018, is governed by the law in effect immediately before the   effective date of this Act, and the former law is continued in   effect for that purpose.          (e)  Chapter 48, Penal Code, as amended by this Act, applies   only to an offense committed on or after the effective date of this   Act. An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this subsection, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 20.  It is the intent of the legislature that every   provision, section, subsection, sentence, clause, phrase, or word   in this Act, and every application of the provisions in this Act to   each person or entity, are severable from each other.  If any   application of any provision in this Act to any person, group of   persons, or circumstances is found by a court to be invalid for any   reason, the remaining applications of that provision to all other   persons and circumstances shall be severed and may not be affected.          SECTION 21.  (a)  If some or all of the provisions of this   Act are ever temporarily or permanently restrained or enjoined by   judicial order, all other provisions of Texas law regulating or   restricting abortion shall be enforced as though the restrained or   enjoined provisions had not been adopted; provided, however, that   whenever the temporary or permanent restraining order or injunction   is stayed or dissolved, or otherwise ceases to have effect, the   provisions shall have full force and effect.          (b)  Mindful of Leavitt v. Jane L., 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 Act, and   every application of the provisions in this Act, are severable from   each other. If any application of any provision in this Act to any   person, group of persons, or circumstances is found by a court to be   invalid, 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 Act 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 Act 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. The legislature further declares that it would   have passed this Act, and each provision, section, subsection,   sentence, clause, phrase, or word, and all constitutional   applications of this Act, irrespective of the fact that any   provision, section, subsection, sentence, clause, phrase, or word,   or applications of this Act, were to be declared unconstitutional   or to represent an undue burden.          (c)  If any provision of this Act 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.          SECTION 22.  This Act takes effect September 1, 2017.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 8 passed the Senate on   March 15, 2017, by the following vote: Yeas 24, Nays 6; and that   the Senate concurred in House amendments on May 26, 2017, by the   following vote: Yeas 22, Nays 9.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 8 passed the House, with   amendments, on May 20, 2017, by the following vote: Yeas 93,   Nays 45, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor