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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting abortion at or after 12 weeks |
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post-fertilization. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter C, Chapter 171, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER C. ABORTION PROHIBITED AT OR AFTER 12 [20] WEEKS |
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POST-FERTILIZATION |
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SECTION 2. Section 171.044, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.044. ABORTION OF UNBORN CHILD OF 12 [20] OR MORE |
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WEEKS POST-FERTILIZATION AGE PROHIBITED. Except as otherwise |
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provided by Section 171.046, a person may not perform or induce or |
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attempt to perform or induce an abortion on a woman if it has been |
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determined, by the physician performing, inducing, or attempting to |
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perform or induce the abortion or by another physician on whose |
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determination that physician relies, that the probable |
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post-fertilization age of the unborn child is 12 [20] or more weeks. |
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SECTION 3. Section 171.045(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) This section applies only to an abortion authorized |
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under Section 171.046(a)(1) or (2) in which: |
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(1) the probable post-fertilization age of the unborn |
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child is 12 [20] or more weeks; or |
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(2) the probable post-fertilization age of the unborn |
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child has not been determined but could reasonably be 12 [20] or |
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more weeks. |
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SECTION 4. Section 171.046(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The prohibitions and requirements under Sections |
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171.043, 171.044, and 171.045(b) do not apply to an abortion |
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performed if there exists a condition that, in the physician's |
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reasonable medical judgment, so complicates the medical condition |
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of the woman that, to avert the woman's death or a serious risk of |
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substantial and irreversible physical impairment of a major bodily |
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function, other than a psychological condition, it necessitates, as |
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applicable: |
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(1) the immediate abortion of her pregnancy without |
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the delay necessary to determine the probable post-fertilization |
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age of the unborn child; |
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(2) the abortion of her pregnancy even though the |
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post-fertilization age of the unborn child is 12 [20] or more weeks; |
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or |
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(3) the use of a method of abortion other than a method |
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described by Section 171.045(b). |
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SECTION 5. The change in law made by this Act applies only |
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to an abortion performed, induced, or attempted on or after the |
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effective date of this Act. An abortion performed, induced, or |
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attempted before the effective date of this Act is governed by the |
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law in effect on the date the abortion was performed, induced, or |
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attempted, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |