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A BILL TO BE ENTITLED
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AN ACT
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relating to exceptions to 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. 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) It is an exception to the application of Subsection |
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(a) that the physician performing, inducing, or attempting the |
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abortion determines the abortion is necessary due to: |
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(1) a lethal fetal anomaly or diagnosis; or |
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(2) a life-limiting diagnosis indicating the |
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existence of a fetus outside a womb is incompatible with life |
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without extraordinary medical interventions. |
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SECTION 2. Section 171.045, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.045. METHOD OF ABORTION. (a) This section applies |
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only to an abortion authorized under Section 171.046(a)(2)(A) or |
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(B) [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 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 20 or more |
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weeks. |
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(b) Except as otherwise provided by Section |
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171.046(a)(2)(C) [171.046(a)(3)], a physician performing an |
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abortion under Subsection (a) shall terminate the pregnancy in the |
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manner that, in the physician's reasonable medical judgment, |
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provides the best opportunity for the unborn child to survive. |
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SECTION 3. Sections 171.046(a) and (b), Health and Safety |
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Code, as amended by S.B. 31, Acts of the 89th Legislature, Regular |
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Session, 2025, are 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, in the physician's reasonable medical judgment, the |
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abortion: |
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(1) is necessary due to: |
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(A) a medical emergency; |
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(B) a lethal fetal anomaly or diagnosis; or |
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(C) a life-limiting diagnosis indicating the |
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existence of a fetus outside a womb is incompatible with life |
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without extraordinary medical interventions; and |
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(2) necessitates, as applicable: |
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(A) [(1)] the immediate abortion of her |
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pregnancy without the delay necessary to determine the probable |
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post-fertilization age of the unborn child; |
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(B) [(2)] the abortion of her pregnancy even |
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though the post-fertilization age of the unborn child is 20 or more |
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weeks; or |
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(C) [(3)] the use of a method of abortion other |
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than a method described by Section 171.045(b). |
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(b) A physician may not take an action authorized under |
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Subsection (a)(1)(A) [(a)] if the medical emergency arises from a |
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claim or diagnosis that the woman will engage in conduct that may |
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result in her death or in substantial and irreversible physical |
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impairment of a major bodily function. |
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SECTION 4. 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 5. Section 245.016, Health and Safety Code, as |
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amended by S.B. 31, Acts of the 89th Legislature, Regular Session, |
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2025, is amended to read as follows: |
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Sec. 245.016. ABORTION IN UNLICENSED ABORTION FACILITY TO |
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PREVENT DEATH OR SERIOUS IMPAIRMENT. (a) It is an exception to the |
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application of Section 245.014 that the abortion was performed in |
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an unlicensed abortion facility due to: |
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(1) a medical emergency described by Section |
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170A.002(b)(2); |
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(2) a lethal fetal anomaly or diagnosis; or |
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(3) a life-limiting diagnosis indicating the |
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existence of a fetus outside a womb is incompatible with life |
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without extraordinary medical interventions. |
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(b) In this section, the term "unlicensed abortion |
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facility" does not include an individual or entity to which funds |
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appropriated by the legislature in the general appropriations act |
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are prohibited from being distributed. |
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SECTION 6. Section 164.052(d), Occupations Code, as added |
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by S.B. 31, Acts of the 89th Legislature, Regular Session, 2025, is |
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amended to read as follows: |
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(d) This section may not be construed to prohibit, and the |
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board may not take action against a physician regarding, the |
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performance of an abortion in accordance with an exception provided |
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[response to a medical emergency described] by Section 170A.002 |
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[170A.002(b)(2)], Health and Safety Code. |
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SECTION 7. Section 165.152(e), Occupations Code, as added |
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by S.B. 31, Acts of the 89th Legislature, Regular Session, 2025, is |
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amended to read as follows: |
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(e) It is an exception to the application of Subsection (a) |
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if the person is a physician who performs, induces, or attempts an |
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abortion due to: |
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(1) a medical emergency described by Section |
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170A.002(b)(2), Health and Safety Code; |
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(2) a lethal fetal anomaly or diagnosis; or |
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(3) a life-limiting diagnosis indicating the |
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existence of a fetus outside a womb is incompatible with life |
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without extraordinary medical interventions. |
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SECTION 8. Article 4512.6(a), Chapter 6-1/2, Title 71, |
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Vernon's Civil Statutes, as added by S.B. 31, Acts of the 89th |
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Legislature, Regular Session, 2025, is amended to read as follows: |
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(a) It is an exception to the application of this chapter |
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that an abortion is procured, performed, or attempted due to: |
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(1) a medical emergency; |
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(2) a lethal fetal anomaly or diagnosis; or |
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(3) a life-limiting diagnosis indicating the |
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existence of a fetus outside a womb is incompatible with life |
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without extraordinary medical interventions. |
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SECTION 9. This Act takes effect on the 91st day after the |
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last day of the legislative session. |