bill adding exceptions to Texas abortion laws

The text as introduced · 714 words

89R2361 JG-D

By: Plesa
H.B. No. 1220

A BILL TO BE ENTITLED

AN ACT

relating to exceptions to laws prohibiting abortion.

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

SECTION 1. The heading to Section 170.002, Health and

Safety Code, is amended to read as follows:

Sec. 170.002. PROHIBITED ACTS; EXEMPTIONS [ EXEMPTION ].

SECTION 2. Section 170.002, Health and Safety Code, is

amended by amending Subsection (a) and adding Subsection (b-1) to

read as follows:

(a) Except as provided by Subsections [ Subsection ] (b) and

(b-1) , a person may not intentionally or knowingly perform an

abortion on a woman who is pregnant with a viable unborn child

during the third trimester of the pregnancy.

(b-1) Subsection (a) does not prohibit a physician from

performing an abortion if:

(1) the pregnant woman is 35 years of age or older or

has a high-risk condition, as determined by the physician; or

(2) the pregnancy resulted from in vitro

fertilization.

SECTION 3. Section 170A.002, Health and Safety Code, is

amended by adding Subsection (b-1) to read as follows:

(b-1) The prohibition under Subsection (a) does not apply

if:

(1) the pregnant woman is 35 years of age or older or

has a high-risk condition, as determined by a physician; or

(2) the pregnancy resulted from in vitro

fertilization.

SECTION 4. Section 171.046, Health and Safety Code, is

amended by adding Subsection (d) to read as follows:

(d) The prohibitions and requirements under Sections

171.043, 171.044, and 171.045(b) do not apply to an abortion

performed if:

(1) the pregnant woman is 35 years of age or older or

has a high-risk condition, as determined by a physician; or

(2) the pregnancy resulted from in vitro

fertilization.

SECTION 5. Section 171.063, Health and Safety Code, is

amended by adding Subsection (c-1) to read as follows:

(c-1) The restriction on the provision of an

abortion-inducing drug under Subsection (c)(6) does not apply if:

(1) either:

(A) the pregnant woman is 35 years of age or older

or has a high-risk condition, as determined by the physician; or

(B) the pregnancy resulted from in vitro

fertilization; and

(2) based on the physician's reasonable medical

judgment and the gestational age of the pregnancy, the provision of

the abortion-inducing drug will be effective and does not pose a

risk to the pregnant woman.

SECTION 6. The heading to Section 171.102, Health and

Safety Code, is amended to read as follows:

Sec. 171.102. PARTIAL-BIRTH ABORTIONS PROHIBITED ;

EXCEPTIONS .

SECTION 7. Section 171.102, Health and Safety Code, is

amended by adding Subsection (c) to read as follows:

(c) Subsection (a) does not apply to a physician who

performs a partial-birth abortion if:

(1) the pregnant woman is 35 years of age or older or

has a high-risk condition, as determined by the physician; or

(2) the pregnancy resulted from in vitro

fertilization.

SECTION 8. The heading to Section 171.152, Health and

Safety Code, is amended to read as follows:

Sec. 171.152. DISMEMBERMENT ABORTIONS PROHIBITED ;

EXCEPTIONS .

SECTION 9. Section 171.152(a), Health and Safety Code, is

amended to read as follows:

(a) A person may not intentionally perform a dismemberment

abortion unless :

(1) the dismemberment abortion is necessary in a

medical emergency ;

(2) the pregnant woman is 35 years of age or older or

has a high-risk condition, as determined by a physician; or

(3) the pregnancy resulted from in vitro

fertilization .

SECTION 10. The heading to Section 171.205, Health and

Safety Code, is amended to read as follows:

Sec. 171.205. EXCEPTIONS [ EXCEPTION FOR MEDICAL

EMERGENCY ]; RECORDS.

SECTION 11. Section 171.205, Health and Safety Code, is

amended by adding Subsection (a-1) to read as follows:

(a-1) Sections 171.203 and 171.204 do not apply to an

abortion performed or induced by a physician if:

(1) the pregnant woman is 35 years of age or older or

has a high-risk condition, as determined by the physician; or

(2) the pregnancy resulted from in vitro

fertilization.

SECTION 12. This Act takes effect immediately if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2025.