| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to exceptions to laws prohibiting abortion. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 170.002, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
Sec. 170.002. PROHIBITED ACTS; EXEMPTIONS [EXEMPTION]. |
|
|
SECTION 2. Section 170.002, Health and Safety Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(a) Except as provided by Subsections [Subsection] (b) and |
|
|
(b-1), a person may not intentionally or knowingly perform an |
|
|
abortion on a woman who is pregnant with a viable unborn child |
|
|
during the third trimester of the pregnancy. |
|
|
(b-1) Subsection (a) does not prohibit a physician from |
|
|
performing an abortion if: |
|
|
(1) the pregnant woman is 35 years of age or older or |
|
|
has a high-risk condition, as determined by the physician; or |
|
|
(2) the pregnancy resulted from in vitro |
|
|
fertilization. |
|
|
SECTION 3. Section 170A.002, Health and Safety Code, is |
|
|
amended by adding Subsection (b-1) to read as follows: |
|
|
(b-1) The prohibition under Subsection (a) does not apply |
|
|
if: |
|
|
(1) the pregnant woman is 35 years of age or older or |
|
|
has a high-risk condition, as determined by a physician; or |
|
|
(2) the pregnancy resulted from in vitro |
|
|
fertilization. |
|
|
SECTION 4. Section 171.046, Health and Safety Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) The prohibitions and requirements under Sections |
|
|
171.043, 171.044, and 171.045(b) do not apply to an abortion |
|
|
performed if: |
|
|
(1) the pregnant woman is 35 years of age or older or |
|
|
has a high-risk condition, as determined by a physician; or |
|
|
(2) the pregnancy resulted from in vitro |
|
|
fertilization. |
|
|
SECTION 5. Section 171.063, Health and Safety Code, is |
|
|
amended by adding Subsection (c-1) to read as follows: |
|
|
(c-1) The restriction on the provision of an |
|
|
abortion-inducing drug under Subsection (c)(6) does not apply if: |
|
|
(1) either: |
|
|
(A) the pregnant woman is 35 years of age or older |
|
|
or has a high-risk condition, as determined by the physician; or |
|
|
(B) the pregnancy resulted from in vitro |
|
|
fertilization; and |
|
|
(2) based on the physician's reasonable medical |
|
|
judgment and the gestational age of the pregnancy, the provision of |
|
|
the abortion-inducing drug will be effective and does not pose a |
|
|
risk to the pregnant woman. |
|
|
SECTION 6. The heading to Section 171.102, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
Sec. 171.102. PARTIAL-BIRTH ABORTIONS PROHIBITED; |
|
|
EXCEPTIONS. |
|
|
SECTION 7. Section 171.102, Health and Safety Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) Subsection (a) does not apply to a physician who |
|
|
performs a partial-birth abortion if: |
|
|
(1) the pregnant woman is 35 years of age or older or |
|
|
has a high-risk condition, as determined by the physician; or |
|
|
(2) the pregnancy resulted from in vitro |
|
|
fertilization. |
|
|
SECTION 8. The heading to Section 171.152, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
Sec. 171.152. DISMEMBERMENT ABORTIONS PROHIBITED; |
|
|
EXCEPTIONS. |
|
|
SECTION 9. Section 171.152(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) A person may not intentionally perform a dismemberment |
|
|
abortion unless: |
|
|
(1) the dismemberment abortion is necessary in a |
|
|
medical emergency; |
|
|
(2) the pregnant woman is 35 years of age or older or |
|
|
has a high-risk condition, as determined by a physician; or |
|
|
(3) the pregnancy resulted from in vitro |
|
|
fertilization. |
|
|
SECTION 10. The heading to Section 171.205, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
Sec. 171.205. EXCEPTIONS [EXCEPTION FOR MEDICAL |
|
|
EMERGENCY]; RECORDS. |
|
|
SECTION 11. Section 171.205, Health and Safety Code, is |
|
|
amended by adding Subsection (a-1) to read as follows: |
|
|
(a-1) Sections 171.203 and 171.204 do not apply to an |
|
|
abortion performed or induced by a physician if: |
|
|
(1) the pregnant woman is 35 years of age or older or |
|
|
has a high-risk condition, as determined by the physician; or |
|
|
(2) the pregnancy resulted from in vitro |
|
|
fertilization. |
|
|
SECTION 12. This Act takes effect immediately if it |
|
|
receives a vote of two-thirds of all the members elected to each |
|
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
|
If this Act does not receive the vote necessary for immediate |
|
|
effect, this Act takes effect September 1, 2023. |