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A BILL TO BE ENTITLED
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AN ACT
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relating to exceptions to and the repeal of 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.001(3), Health and Safety Code, is |
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amended to read as follows: |
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(3) "Pregnant" means the [female] human reproductive |
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condition of having an embryo or fetus develop [a living unborn |
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child] within the human [female's] body [during the entire |
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embryonic and fetal stages of the unborn child's development from |
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fertilization until birth]. |
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SECTION 2. Section 170A.002, Health and Safety Code, is |
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amended by amending Subsections (b) and (d) and adding Subsection |
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(e) to read as follows: |
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(b) It is an exception to the application of [The |
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prohibition under] Subsection (a) that [does not apply if]: |
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(1) the person performing, inducing, or attempting the |
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abortion is a licensed physician; and |
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(2) in the physician's best [exercise of reasonable] |
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medical judgment, the [pregnant female on whom the] abortion is: |
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(A) medically indicated; |
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(B) necessary to preserve the pregnant patient's |
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life; |
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(C) necessary to preserve the pregnant patient's |
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physical or mental health, including preservation of the patient's |
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fertility; |
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(D) requested because of a lethal fetal anomaly |
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or diagnosis; or |
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(E) requested because of a life-limiting |
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diagnosis that indicates the existence of the fetus outside the |
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womb is incompatible with life without extraordinary medical |
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interventions [performed, induced, or attempted has a |
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life-threatening physical condition aggravated by, caused by, or |
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arising from a pregnancy that places the female at risk of death or |
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poses a serious risk of substantial impairment of a major bodily |
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function unless the abortion is performed or induced; and |
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[(3) the person performs, induces, or attempts the |
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abortion in a manner that, in the exercise of reasonable medical |
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judgment, provides the best opportunity for the unborn child to |
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survive unless, in the reasonable medical judgment, that manner |
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would create: |
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[(A) a greater risk of the pregnant female's |
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death; or |
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[(B) a serious risk of substantial impairment of |
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a major bodily function of the pregnant female]. |
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(d) Medical treatment provided to the pregnant patient |
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[female] by a licensed health care provider [physician] that |
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results in the accidental or unintentional injury or death of the |
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embryo or fetus [unborn child] does not constitute a violation of |
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this section. |
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(e) Each abortion permitted under an exception provided by |
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this section must be considered independently by the treating |
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physician and the pregnant patient or the patient's health care |
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proxy. A medical review process may not override a determination by |
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a physician and a pregnant patient or the patient's health care |
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proxy to perform, induce, or attempt an abortion permitted under an |
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exception provided by this section. |
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SECTION 3. Section 170A.003, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 170A.003. CONSTRUCTION OF CHAPTER. This chapter may |
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not be construed to authorize the imposition of criminal, civil, or |
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administrative liability or penalties on a pregnant patient |
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[female] on whom an abortion is performed, induced, or attempted. |
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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. |
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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 person 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 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 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. The following provisions are repealed: |
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(1) Sections 170A.001(2) and 170A.002(c), Health and |
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Safety Code; and |
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(2) Chapter 6-1/2, Title 71, Revised Statutes. |
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SECTION 9. 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, 2025. |