Troxclair’s bill on transporting minors for an abortion

The text as introduced · 535 words

By: Troxclair
H.B. No. 4595

A BILL TO BE ENTITLED

AN ACT

relating to prohibition of transporting or funding the

transportation of an unemancipated minor for an abortion; providing

a civil penalty; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle H, Title 2, Health and Safety Code, is

amended by adding Chapter 170B to read as follows:

CHAPTER 170B. TRANSPORTING A MINOR FOR AN ABORTION

Sec. 170B.001. DEFINITIONS. In this chapter:

(1) "Abortion" has the meaning assigned by Section

245.002(1).

(2) "Unborn child" has the meaning assigned in Section

170A.001(5).

(3) "Unemancipated minor" includes a minor who:

(A) is unmarried; and

(B) has not had the disabilities of minority

removed under Chapter 31, Family Code.

Sec. 170B.002. PROHIBITED TRANSPORTATION. EXCEPTIONS. (a)

No person shall knowingly transport or fund the transportation of

an unemancipated minor from Texas and into another state or country

for the purpose of the minor obtaining an abortion without the

written consent of a parent of the unemancipated minor or a person

lawfully standing in the position of a parent of the unemancipated

minor.

(b) The prohibition under subsection (a) does not apply to

an abortion performed or induced under the exception described in

Section 170A.002(b)-(d), Health and Safety Code.

Sec. 170B.003. CONSTRUCTION OF CHAPTER. This chapter may

not be construed to authorize the imposition of criminal, civil, or

administrative liability or penalties on an unemancipated minor.

Sec. 170B.004. CRIMINAL OFFENSE. (a) A person who violates

Section 170B.002 commits an offense.

(b) An offense under this section is a felony of the second

degree, except that the offense is a felony of the first degree if

the unborn child dies as a result of an abortion that occurred in a

state or country that the unemancipated was transported to in

violation of Section 170B.002.

Sec. 170B.005. CIVIL PENALTY. A person who violates

Section 170B.002 is subject to a civil penalty of not less than

$100,000 for each violation. The attorney general shall file an

action to recover a civil penalty assessed under this section and

may recover attorney's fees and costs incurred in bringing the

action.

Sec. 170B.006. CIVIL REMEDIES UNAFFECTED. The fact that

conduct is subject to a civil or criminal penalty under this chapter

does not abolish or impair any remedy for the conduct that is

available in a civil suit.

Sec. 170A.007. DISCIPLINARY ACTION. In addition to any

other penalty that may be imposed under this chapter, the

appropriate licensing authority shall revoke the license, permit,

registration, certificate, or other authority of a physician or

other health care professional who transports or funds the

transportation of an unemancipated minor in violation of Section

170B.002.

SECTION 2. The provisions of this Act are hereby declared

severable, and if any provision of this Act or the application of

such provision to any person or circumstance is declared invalid

for any reason, such declaration shall not affect the validity of

the remaining portions of this Act.

SECTION 3. 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 4. This Act takes effect September 1, 2025.