Howard’s bill widening exceptions to the abortion ban

The text as introduced · 861 words

89R5238 JG-D

By: Howard
H.B. No. 257

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.001(3), Health and Safety Code, is

amended to read as follows:

(3) "Pregnant" means the [ female ] human reproductive

condition of having an embryo or fetus develop [ a living unborn

child ] within the human [ female's ] body [ during the entire

embryonic and fetal stages of the unborn child's development from

fertilization until birth ].

SECTION 2. Section 170A.002, Health and Safety Code, is

amended by amending Subsections (b) and (d) and adding Subsection

(e) to read as follows:

(b) It is an exception to the application of [ The

prohibition under ] Subsection (a) that [ does not apply if ]:

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

abortion is a licensed physician; and

(2) in the physician's best [ exercise of reasonable ]

medical judgment, the [ pregnant female on whom the ] abortion is :

(A) medically indicated;

(B) necessary to preserve the pregnant patient's

life;

(C) necessary to preserve the pregnant patient's

physical or mental health, including preservation of the patient's

fertility;

(D) requested because of a lethal fetal anomaly

or diagnosis; or

(E) requested because of a life-limiting

diagnosis that indicates the existence of the fetus outside the

womb is incompatible with life without extraordinary medical

interventions [ performed, induced, or attempted 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 ].

(d) Medical treatment provided to the pregnant patient

[ female ] by a licensed health care provider [ physician ] that

results in the accidental or unintentional injury or death of the

embryo or fetus [ unborn child ] does not constitute a violation of

this section.

(e) Each abortion permitted under an exception provided by

this section must be considered independently by the treating

physician and the pregnant patient or the patient's health care

proxy. A medical review process may not override a determination by

a physician and a pregnant patient or the patient's health care

proxy to perform, induce, or attempt an abortion permitted under an

exception provided by this section.

SECTION 3. Section 170A.003, Health and Safety Code, is

amended to read as follows:

Sec. 170A.003. CONSTRUCTION OF CHAPTER. This chapter may

not be construed to authorize the imposition of criminal, civil, or

administrative liability or penalties on a pregnant patient

[ female ] on whom an abortion is performed, induced, or attempted.

SECTION 4. 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 5. 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 6. 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 7. 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 8. The following provisions are repealed:

(1) Sections 170A.001(2) and 170A.002(c), Health and

Safety Code; and

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

SECTION 9. 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.