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A BILL TO BE ENTITLED
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AN ACT
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relating to exceptions to and the repeal of certain laws |
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prohibiting abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 170A.002, Health and Safety Code, is |
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amended by adding Subsections (b-1) and (e) and amending Subsection |
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(c) to read as follows: |
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(b-1) It is an exception to the application of Subsection |
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(a) that: |
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(1) the person performing, inducing, or attempting the |
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abortion is a licensed physician and, in the physician's exercise |
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of reasonable medical judgment, the physician determines the |
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abortion is necessary to prevent a risk of serious harm to the |
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pregnant patient's health or well-being; or |
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(2) the pregnancy resulted from sexual assault in |
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violation of Section 22.011, Penal Code, aggravated sexual assault |
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in violation of Section 22.021, Penal Code, or conduct constituting |
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an offense under Section 25.02, Penal Code. |
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(c) A physician may not take an action authorized under |
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Subsection (b-1) [(b)] if, at the time the abortion was performed, |
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induced, or attempted, the person knew the risk of serious harm |
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[death or a substantial impairment of a major bodily function] |
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described by Subsection (b-1)(1) [(b)(2)] arose from a claim or |
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diagnosis that the pregnant patient [female] would engage in |
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conduct that might result in serious harm to the patient's health or |
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well-being [the female's death or in substantial impairment of a |
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major bodily function]. |
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(e) The Texas Medical Board shall publish on the board's |
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Internet website and annually update a list of medical conditions |
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the board identifies as posing a risk of serious harm to a pregnant |
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patient's health or well-being under Subsection (b-1)(1). |
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SECTION 2. The heading to Section 171.205, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 171.205. EXCEPTIONS [EXCEPTION FOR MEDICAL |
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EMERGENCY]; RECORDS. |
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SECTION 3. Section 171.205, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) Sections 171.203 and 171.204 do not apply to an |
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abortion performed or induced by a person in accordance with an |
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exception provided by Section 170A.002. |
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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 pregnant patient [woman] on whom an |
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abortion is performed or induced or attempted to be performed or |
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induced in 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. The following provisions are repealed: |
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(1) Section 170A.002(b), Health and Safety Code; and |
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(2) Chapter 6-1/2, Title 71, Revised Statutes. |
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SECTION 7. As soon as practicable after the effective date |
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of this Act, the Texas Medical Board shall publish the list of |
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medical conditions the board identifies as posing a risk of serious |
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harm to a pregnant patient's health or well-being as required by |
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Section 170A.002(e), Health and Safety Code, as added by this Act. |
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SECTION 8. This Act takes effect September 1, 2025. |