89R4802 JG-D

By: Goodwin H.B. No. 2251

A BILL TO BE ENTITLED

AN ACT

relating to exceptions to and the repeal of certain laws prohibiting abortion.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 170A.002(b), Health and Safety Code, is amended to read as follows:

(b) The prohibition under Subsection (a) does not apply if:

(1) the person performing, inducing, or attempting the abortion is a licensed physician; and

(2) in the exercise of reasonable medical judgment, the pregnant female on whom the abortion is performed, induced, or attempted:

(A) has a medical condition that places the female's current or future health at risk unless the pregnancy is terminated;

(B) is pregnant with a fetus that has a severe or usually lethal congenital anomaly;

(C) is pregnant with two or more fetuses and at least one fetus poses a risk to the health of another fetus;

(D) has experienced, is experiencing, or is likely to experience a miscarriage that places the female's current or future health at risk unless the uterine contents are removed or the pregnancy is terminated; or

(E) was impregnated as a result of conduct constituting an offense under Section 22.011, 22.021, or 25.02, Penal Code [has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced; and

[(3) the person performs, induces, or attempts the abortion in a manner that, in the exercise of reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in the reasonable medical judgment, that manner would create:

[(A) a greater risk of the pregnant female's death; or

[(B) a serious risk of substantial impairment of a major bodily function of the pregnant female].

SECTION 2. Section 170A.007, Health and Safety Code, is amended to read as follows:

Sec. 170A.007. DISCIPLINARY ACTION. In addition to any other penalty that may be imposed under this chapter, the appropriate licensing authority shall revoke the license, permit, registration, certificate, or other authority of a [physician or other] health care professional who performs, induces, or attempts an abortion in violation of Section 170A.002.

SECTION 3. Chapter 170A, Health and Safety Code, is amended by adding Section 170A.008 to read as follows:

Sec. 170A.008. EXCEPTION TO CRIMINAL, CIVIL, AND ADMINISTRATIVE PENALTIES; REFERRAL FOR CERTAIN DISCIPLINARY ACTION. (a) Sections 170A.004, 170A.005, and 170A.007 do not apply to a physician licensed in this state.

(b) A physician licensed in this state who is alleged to have performed, induced, or attempted an abortion in violation of Section 170A.002 may be referred to the Texas Medical Board for:

(1) investigation; and

(2) appropriate disciplinary action if the board determines the physician violated that section.

SECTION 4. Sections 171.205(a) and (b), Health and Safety Code, are amended to read as follows:

(a) Sections 171.203 and 171.204 do not apply if a physician, in the exercise of reasonable medical judgment, determines the pregnant female on whom the abortion is performed, induced, or attempted:

(1) has a medical condition that places the female's current or future health at risk unless the pregnancy is terminated;

(2) is pregnant with a fetus that has a severe or usually lethal congenital anomaly;

(3) is pregnant with two or more fetuses and at least one fetus poses a risk to the health of another fetus;

(4) has experienced, is experiencing, or is likely to experience a miscarriage that places the female's current or future health at risk unless the uterine contents are removed or the pregnancy is terminated; or

(5) was impregnated as a result of conduct constituting an offense under Section 22.011, 22.021, or 25.02, Penal Code [believes a medical emergency exists that prevents compliance with this subchapter].

(b) A physician who performs or induces an abortion under circumstances described by Subsection (a) shall make written notations in the pregnant woman's medical record of:

(1) the physician's belief that one or more of the circumstances described by Subsection (a) [a medical emergency] necessitated the abortion; and

(2) the specific circumstances [medical condition of the pregnant woman] that prevented compliance with this subchapter.

SECTION 5. Section 171.206(b), Health and Safety Code, is amended to read as follows:

(b) This subchapter may not be construed to:

(1) authorize the initiation of a cause of action against or the prosecution of a woman on whom an abortion is performed or induced or attempted to be performed or induced in violation of this subchapter;

(2) wholly or partly repeal, either expressly or by implication, any other statute that regulates or prohibits abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or

(3) restrict a political subdivision from regulating or prohibiting abortion in a manner that is at least as stringent as the laws of this state.

SECTION 6. Section 171.207(b), Health and Safety Code, is amended to read as follows:

(b) Subsection (a) may not be construed to:

(1) legalize the conduct prohibited by this subchapter [or by Chapter 6-1/2, Title 71, Revised Statutes];

(2) limit in any way or affect the availability of a remedy established by Section 171.208; or

(3) limit the enforceability of any other laws that regulate or prohibit abortion.

SECTION 7. The following provisions are repealed:

(1) Section 170A.002(c), Health and Safety Code; and

(2) Chapter 6-1/2, Title 71, Revised Statutes.

SECTION 8. This Act takes effect September 1, 2025.