bill adding two exceptions to the abortion ban

The text as introduced · 630 words

89R4496 MPF-D

By: Morales Shaw
H.B. No. 1578

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, Health and Safety Code, is

amended by adding Subsections (b-1) and (e) and amending Subsection

(c) to read as follows:

(b-1) It is an exception to the application of Subsection

(a) that:

(1) the person performing, inducing, or attempting the

abortion is a licensed physician and, in the physician's exercise

of reasonable medical judgment, the physician determines the

abortion is necessary to prevent a risk of serious harm to the

pregnant patient's health or well-being; or

(2) the pregnancy resulted from sexual assault in

violation of Section 22.011, Penal Code, aggravated sexual assault

in violation of Section 22.021, Penal Code, or conduct constituting

an offense under Section 25.02, Penal Code.

(c) A physician may not take an action authorized under

Subsection (b-1) [ (b) ] if, at the time the abortion was performed,

induced, or attempted, the person knew the risk of serious harm

[ death or a substantial impairment of a major bodily function ]

described by Subsection (b-1)(1) [ (b)(2) ] arose from a claim or

diagnosis that the pregnant patient [ female ] would engage in

conduct that might result in serious harm to the patient's health or

well-being [ the female's death or in substantial impairment of a

major bodily function ].

(e) The Texas Medical Board shall publish on the board's

Internet website and annually update a list of medical conditions

the board identifies as posing a risk of serious harm to a pregnant

patient's health or well-being under Subsection (b-1)(1).

SECTION 2. 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 3. 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 person in accordance with an

exception provided by Section 170A.002.

SECTION 4. 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 pregnant patient [ 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 5. 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 6. The following provisions are repealed:

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

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

SECTION 7. As soon as practicable after the effective date

of this Act, the Texas Medical Board shall publish the list of

medical conditions the board identifies as posing a risk of serious

harm to a pregnant patient's health or well-being as required by

Section 170A.002(e), Health and Safety Code, as added by this Act.

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