HB4595 - Relating to prohibition of transporting or funding the transportation of an unemancipated minor for an abortion; providing a civil penalty; creating a criminal offense.

      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.