bill widening the exceptions to the abortion ban

The text as introduced · 934 words

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.