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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of abortion and related matters, |
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including infant supportive palliative care and exceptions to and |
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the repeal of 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. Chapter 142A, Health and Safety Code, is amended |
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by adding Section 142A.0003 to read as follows: |
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Sec. 142A.0003. RULES AND MINIMUM STANDARDS FOR DELIVERY OF |
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CARE TO CERTAIN INFANTS. The executive commissioner by rule shall |
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prescribe minimum standards for the scope and delivery of |
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supportive palliative care to an infant born with a lethal fetal |
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anomaly or diagnosis. |
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SECTION 2. 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 pregnant female's treating physician and one other |
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physician specializing in obstetrics and gynecology determine the |
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abortion is necessary due to a lethal fetal anomaly or diagnosis. |
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SECTION 3. Chapter 170A, Health and Safety Code, is amended |
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by adding Section 170A.0025 to read as follows: |
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Sec. 170A.0025. MULTIDISCIPLINARY ETHICS COMMITTEE REVIEW |
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OF CERTAIN ABORTIONS. (a) A multidisciplinary ethics committee |
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composed of members appointed in accordance with rules the Texas |
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Medical Board adopts shall review a physician's determination that |
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an abortion is necessary under Section 170A.002(b-1) for each fetus |
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older than 24 weeks of age. |
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(b) The treating physician and other physician who made the |
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determination described by Subsection (a) may not be a member of the |
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multidisciplinary ethics committee that reviews the determination. |
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SECTION 4. 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; REVIEW. |
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SECTION 5. 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 physician in accordance with an |
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exception provided by Section 170A.002. |
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SECTION 6. 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 woman on whom an abortion is |
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performed or induced or attempted to be performed or induced in |
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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 7. 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 8. Chapter 6-1/2, Title 71, Revised Statutes, is |
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repealed. |
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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. |