(1) Abortion. It shall be unlawful for any person to procure or perform an abortion of any type and at any stage of pregnancy in the City of Big Spring, Texas.
(2) Aiding or abetting an abortion. It shall be unlawful for any person to knowingly aid or abet an abortion that occurs in the City of Big Spring, Texas. This section does not prohibit referring a patient to have an abortion which takes place outside of the city limits of Big Spring, TX. This includes, but is not limited to, the following acts:
a. Knowingly providing transportation to or from an abortion provider;
b. Giving instructions over the telephone, the internet, or any other medium of communication regarding self-administered abortion;
c. Providing money with the knowledge that it will be used to pay for an abortion or the costs associated with procuring an abortion;
d. Coercing a pregnant mother to have an abortion against her will.
(3) Affirmative defense. It shall be an affirmative defense to the unlawful acts described in sections 28-190(1) and (2) if the abortion was in response to a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed. The defendant shall have the burden of proving this affirmative defense by a preponderance of the evidence.
(4) Prohibited organizations. It shall be unlawful for an organization described in section 28-189(3) to operate within the City of Big Spring, Texas. This includes, but is not limited to:
a. Offer services of any type within the City of Big Spring, Texas;
b. Rent office space or purchasing real property within the City of Big Spring, Texas;
c. Establishes a physical presence of any sort within the City of Big Spring, Texas;
(5) No provision of section 28-190 may be construed to prohibit any action which occurs outside of the jurisdiction of the city.
(Ord. No. 004-2020, 1-28-2020)