Tex. Health & Safety Code Section 171.212
Severability


(a)

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 chapter, and every application of the provisions in this chapter, are severable from each other.

(b)

If any application of any provision in this chapter to any person, group of persons, or circumstances is found by a court to be invalid or unconstitutional, 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 chapter 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 chapter 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 applications 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.

(b-1)

If any court declares or finds a provision of this chapter facially unconstitutional, when discrete applications of that provision can be enforced against a person, group of persons, or circumstances without violating the United States Constitution and Texas Constitution, those applications shall be severed from all remaining applications of the provision, and the provision shall be interpreted as if the legislature had enacted a provision limited to the persons, group of persons, or circumstances for which the provision’s application will not violate the United States Constitution and Texas Constitution.

(c)

The legislature further declares that it would have enacted this chapter, and each provision, section, subsection, sentence, clause, phrase, or word, and all constitutional applications of this chapter, irrespective of the fact that any provision, section, subsection, sentence, clause, phrase, or word, or applications of this chapter, were to be declared unconstitutional or to represent an undue burden.

(d)

If any provision of this chapter 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.

(e)

No court may decline to enforce the severability requirements of Subsections (a), (b), (b-1), (c), and (d) on the ground that severance would rewrite the statute or involve the court in legislative or lawmaking activity. A court that declines to enforce or enjoins a state official from enforcing a statutory provision does not rewrite a statute, as the statute continues to contain the same words as before the court’s decision. A judicial injunction or declaration of unconstitutionality:

(1)

is nothing more than an edict prohibiting enforcement that may subsequently be vacated by a later court if that court has a different understanding of the requirements of the Texas Constitution or United States Constitution;

(2)

is not a formal amendment of the language in a statute; and

(3)

no more rewrites a statute than a decision by the executive not to enforce a duly enacted statute in a limited and defined set of circumstances.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.

Source: Section 171.212 — Severability, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­171.­htm#171.­212 (accessed Jun. 5, 2024).

171.001
Short Title
171.002
Definitions
171.003
Physician to Perform
171.005
Commission to Enforce
171.006
Abortion Complication Reporting Requirements
171.008
Required Documentation
171.011
Informed Consent Required
171.012
Voluntary and Informed Consent
171.013
Distribution of State Materials
171.014
Informational Materials
171.015
Information Relating to Public and Private Agencies
171.016
Information Relating to Characteristics of Unborn Child
171.017
Periods Run Concurrently
171.018
Offense
171.0031
Requirements of Physician
171.041
Short Title
171.042
Definitions
171.043
Determination of Post-fertilization Age Required
171.045
Method of Abortion
171.046
Exceptions
171.047
Protection of Privacy in Court Proceedings
171.048
Construction of Subchapter
171.061
Definitions
171.062
Enforcement by Texas Medical Board
171.063
Provision of Abortion-inducing Drug
171.064
Administrative Penalty
171.065
Criminal Offense
171.066
Enforcement of Subchapter
171.081
Applicability
171.082
Education and Training Programs on Trafficking of Persons
171.101
Definitions
171.102
Partial-birth Abortions Prohibited
171.103
Criminal Penalty
171.104
Civil Liability
171.105
Hearing
171.106
Applicability
171.0121
Medical Record
171.0122
Viewing Printed Materials and Sonogram Image
171.0123
Paternity and Child Support Information
171.0124
Exception for Medical Emergency
171.151
Definition
171.152
Dismemberment Abortions Prohibited
171.153
Criminal Penalty
171.154
Construction of Subchapter
171.201
Definitions
171.202
Legislative Findings
171.203
Determination of Presence of Fetal Heartbeat Required
171.204
Prohibited Abortion of Unborn Child with Detectable Fetal Heartbeat
171.205
Exception for Medical Emergency
171.206
Construction of Subchapter
171.207
Limitations on Public Enforcement
171.208
Civil Liability for Violation or Aiding or Abetting Violation
171.209
Civil Liability: Undue Burden Defense Limitations
171.210
Civil Liability: Venue
171.211
Sovereign, Governmental, and Official Immunity Preserved
171.212
Severability
171.0631
Voluntary and Informed Consent Required
171.0632
Reporting Requirements

Accessed:
Jun. 5, 2024

§ 171.212’s source at texas​.gov