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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of and exceptions to 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 Subsection (b-1) to read as follows: |
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(b-1) The prohibition under Subsection (a) does not apply if |
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the pregnancy resulted from sexual assault in violation of Section |
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22.011, Penal Code, aggravated sexual assault in violation of |
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Section 22.021, Penal Code, or conduct constituting an offense |
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under Section 25.02, Penal Code. This subsection may not be |
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construed to require: |
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(1) the pregnant patient to file a police or |
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investigative report; |
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(2) the pregnant patient to provide forensic evidence; |
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or |
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(3) prosecution of the alleged offense. |
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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. Chapter 6-1/2, Title 71, Revised Statutes, is |
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repealed. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |