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Version A compared to Texas law

What does Version A add that is not covered by Texas law on the issue of abortion-inducing drugs and fetal remains? Thanks!

Les, from what I can tell nothing, I will see if someone can explain it better to me. 

 

Quote from Les.Simpson@amarillo.gov on December 20, 2023, 4:29 pm

What does Version A add that is not covered by Texas law on the issue of abortion-inducing drugs and fetal remains? Thanks!

Below is some additional information from Chapter 171 and 697.  Ordinance Version A would add $1,000 Class C Misdemeanor’s per occurrence.  I will also ask Bryan to weigh in on the general penalties of having drugs in possession without a prescription.  It is not a controlled substance, but it would still be illegal to possess which would come with penalties defined by Texas State Law. 

 

Regarding abortion-inducing drugs, Chapter 171 has the following administrative and criminal penalties in place:

Sec. 171.064.  ADMINISTRATIVE PENALTY. 

(a)  The Texas Medical Board may take disciplinary action under Chapter 164, Occupations Code, or assess an administrative penalty under Subchapter A, Chapter 165, Occupations Code, against a person who violates Section 171.063.

(b)  A penalty may not be assessed under this section against a pregnant woman who receives a medical abortion.

Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.

Sec. 171.065.  CRIMINAL OFFENSE. 

(a)  A person who intentionally, knowingly, or recklessly violates this subchapter commits an offense.  An offense under this subsection is a state jail felony.

(b)  A pregnant woman on whom a drug-induced abortion is attempted, induced, or performed in violation of this subchapter is not criminally liable for the violation.

(c)  Conduct constituting an offense under this section may also be the basis for an administrative violation under Section 171.064.

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 6, eff. December, 2 2021.

Sec. 171.066.  ENFORCEMENT OF SUBCHAPTER.  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 on the requirements of the state or federal constitution, unless the official is enjoined by a state or federal court from enforcing this subchapter.

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 6, eff. December 2, 2021.

 

Regarding fetal remains, Chapter 697 has the following civil penalties in place:

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.

 

Andrew Freeman
Interim City Manager

Andrew Freeman Deputy City Manager

Thank you very much for the clarification.