26 Tex. Admin. Code § 504.9 - 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.
Notes
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