Sec. 311.036. CONSTRUCTION OF ABORTION STATUTES. (a) A statute that regulates or prohibits abortion may not be construed to repeal any other statute that regulates or prohibits abortion, either wholly or partly, unless the repealing statute explicitly states that it is repealing the other statute.
(b) A statute may not be construed to restrict a political subdivision from regulating or prohibiting abortion in a manner that is at least as stringent as the laws of this state unless the statute explicitly states that political subdivisions are prohibited from regulating or prohibiting abortion in the manner described by the statute.
(c) Every statute that regulates or prohibits abortion is severable in each of its applications to every person and circumstance. If any statute that regulates or prohibits abortion is found by any court to be unconstitutional, either on its face or as applied, then all applications of that statute that do not violate the United States Constitution and Texas Constitution shall be severed from the unconstitutional applications and shall remain enforceable, notwithstanding any other law, and the statute shall be interpreted as if containing language limiting the statute's application to the persons, group of persons, or circumstances for which the statute's application will not violate the United States Constitution and Texas Constitution.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 5, eff. September 1, 2021.
Structure Texas Statutes
Chapter 311 - Code Construction Act
Subchapter C. Construction of Statutes
Section 311.021. Intention in Enactment of Statutes
Section 311.022. Prospective Operation of Statutes
Section 311.023. Statute Construction AIDS
Section 311.025. Irreconcilable Statutes and Amendments
Section 311.026. Special or Local Provision Prevails Over General
Section 311.027. Statutory References
Section 311.028. Uniform Construction of Uniform Acts
Section 311.029. Enrolled Bill Controls
Section 311.030. Repeal of Repealing Statute
Section 311.031. Saving Provisions
Section 311.032. Severability of Statutes
Section 311.034. Waiver of Sovereign Immunity
Section 311.035. Construction of Statute or Rule Involving Criminal Offense or Penalty