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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of certain laws on the provision of |
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money to organizations that support access to health care services |
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and the repeal of certain laws prohibiting abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter Y to read as follows: |
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SUBCHAPTER Y. APPLICABILITY OF LAWS PROHIBITING HEALTH CARE |
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SERVICES |
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Sec. 161.751. APPLICABILITY OF LAWS ON PROVISION OF MONEY |
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TO CERTAIN ORGANIZATIONS. The provision of money, including a |
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donation or gift, to an organization that provides support services |
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to an individual in accessing a health care service: |
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(1) does not constitute a violation of any prohibition |
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under state law on the provision of that health care service; and |
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(2) may not be the basis for a cause of action related |
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to the provision of that health care service. |
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SECTION 2. Section 19.06, Penal Code, is amended to read as |
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follows: |
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Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. This chapter |
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does not apply to the death of an unborn child if the conduct |
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charged is: |
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(1) conduct committed by the mother of the unborn |
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child; |
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(2) a lawful medical procedure performed by a |
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physician or other licensed health care provider with the requisite |
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consent, if the death of the unborn child was the intended result of |
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the procedure; |
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(3) a lawful medical procedure performed by a |
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physician or other licensed health care provider with the requisite |
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consent as part of an assisted reproduction as defined by Section |
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160.102, Family Code; [or] |
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(4) the dispensation of a drug in accordance with law |
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or administration of a drug prescribed in accordance with law; or |
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(5) the provision of money to an organization that |
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provides support services to an individual in accessing health care |
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services. |
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SECTION 3. Section 22.12, Penal Code, is amended to read as |
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follows: |
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Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT. This chapter |
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does not apply to conduct charged as having been committed against |
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an individual who is an unborn child if the conduct is: |
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(1) committed by the mother of the unborn child; |
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(2) a lawful medical procedure performed by a |
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physician or other health care provider with the requisite consent; |
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(3) a lawful medical procedure performed by a |
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physician or other licensed health care provider with the requisite |
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consent as part of an assisted reproduction as defined by Section |
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160.102, Family Code; [or] |
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(4) the dispensation of a drug in accordance with law |
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or administration of a drug prescribed in accordance with law; or |
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(5) the provision of money to an organization that |
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provides support services to an individual in accessing health care |
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services. |
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SECTION 4. Section 171.206(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) This subchapter may not be construed to: |
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(1) authorize the initiation of a cause of action |
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against or the prosecution of a woman on whom an abortion is |
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performed or induced or attempted to be performed or induced in |
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violation of this subchapter; |
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(2) wholly or partly repeal, either expressly or by |
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implication, any other statute that regulates or prohibits |
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abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or |
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(3) restrict a political subdivision from regulating |
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or prohibiting abortion in a manner that is at least as stringent as |
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the laws of this state. |
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SECTION 5. Section 171.207(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Subsection (a) may not be construed to: |
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(1) legalize the conduct prohibited by this subchapter |
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[or by Chapter 6-1/2, Title 71, Revised Statutes]; |
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(2) limit in any way or affect the availability of a |
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remedy established by Section 171.208; or |
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(3) limit the enforceability of any other laws that |
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regulate or prohibit abortion. |
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SECTION 6. Chapter 6-1/2, Title 71, Revised Statutes, is |
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repealed. |
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SECTION 7. This Act takes effect September 1, 2023. |