SECTION 139.9. Severability

(a) The 83rd Legislature, in enacting House Bill 2 during its Second Session (2013), confirmed its intent that the provisions and the applications of the Health and Safety Code relating to the licensure and operation of abortion facilities were intended to be separately enforceable, if any of these separate provisions or the application of those provisions was determined unconstitutional, invalid, or unenforceable.

(b) Consistent with the intent of the Legislature, the department intends, that with respect to the application of this chapter to each woman who seeks or obtains services from a facility licensed under this chapter, every provision, section, subsection, sentence, clause, phrase, or word in this chapter and each application of the provisions of this chapter remain severable from every other provision, section, subsection, sentence, clause, phrase, word, or application of this chapter.

(c) The department further intends that if the application of any provision of this chapter is determined by a court of competent jurisdiction to impose an impermissible or undue burden on any pregnant woman or group of pregnant women, the application of the chapter to those women will be severed from the remaining applications of the chapter that do not impose an undue burden, and those remaining applications of this chapter will remain in force and unaffected, consistent with the intent of the Legislature.

(d) Accordingly, to the extent that any parts or applications of this chapter or this section are enjoined, the department may enforce the parts and applications of this chapter that do not violate the Constitution or impose an undue burden on women seeking abortions.

Source Note: The provisions of this §139.9 adopted to be effective January 1, 2014, 38 TexReg 9577