Bill Repeals Texas Abortion Bans, Including The Trigger Ban

The text as introduced · 1,613 words

By: Rodríguez Ramos
H.B. No. 3410

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of abortion and related matters and to

the repeal of certain laws prohibiting abortion.

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

SECTION 1. Subchapter C, Chapter 311, Government Code, is

amended by adding Section 311.037 to read as follows:

Sec. 311.037. CONSTRUCTION OF ABORTION STATUTES. (a) A

statute regulating or prohibiting abortion may not be construed to:

(1) prohibit a person from providing direct or

indirect assistance to an individual for traveling to any location

to obtain an abortion; or

(2) authorize the imposition or incurrence of

criminal, civil, or administrative penalties or liability on a

pregnant individual on whom an abortion is performed, induced, or

attempted.

(b) A statute regulating or prohibiting abortion:

(1) applies only to a fertilized egg or embryo

implanted in a uterus at any point; and

(2) does not apply to the death of an unborn child

resulting from an involuntary miscarriage following in vitro

fertilization or similar assisted reproductive technology

treatments and procedures.

SECTION 2. Section 171.005, Health and Safety Code, is

amended to read as follows:

Sec. 171.005. COMMISSION TO ENFORCE[ ; EXCEPTION ]. The

commission shall enforce this chapter [ except for Subchapter H,

which shall be enforced exclusively through the private civil

enforcement actions described by Section 171.208 and may not be

enforced by the commission ].

SECTION 3. Section 171.063(c), Health and Safety Code, is

amended to read as follows:

(c) Before the physician provides an abortion-inducing

drug, the physician must:

(1) examine the pregnant woman in person;

(2) independently verify that a pregnancy exists;

(3) document, in the woman's medical record, the

gestational age and intrauterine location of the pregnancy to

determine whether an ectopic pregnancy exists;

(4) determine the pregnant woman's blood type, and for

a woman who is Rh negative, offer to administer Rh immunoglobulin

(RhoGAM) at the time the abortion-inducing drug is administered or

used or the abortion is performed or induced to prevent Rh

incompatibility, complications, or miscarriage in future

pregnancies;

(5) document whether the pregnant woman received

treatment for Rh negativity, as diagnosed by the most accurate

standard of medical care; and

(6) ensure the physician does not provide an

abortion-inducing drug for a pregnant woman whose pregnancy is more

than 70 [ 49 ] days of gestational age.

SECTION 4. Section 245.010(a), Health and Safety Code, is

amended to read as follows:

(a) The rules must contain minimum standards to protect the

health and safety of a patient of an abortion facility [ and must

contain provisions requiring compliance with the requirements of

Subchapter B, Chapter 171 ]. [ On and after September 1, 2014, the

minimum standards for an abortion facility must be equivalent to

the minimum standards adopted under Section 243.010 for ambulatory

surgical centers. ]

SECTION 5. Section 245.011(c), Health and Safety Code, is

amended to read as follows:

(c) The report must include:

(1) whether the abortion facility at which the

abortion is performed is licensed under this chapter;

(2) the patient's year of birth, race, marital status,

and state and county of residence;

(3) the type of abortion procedure;

(4) the date the abortion was performed;

(5) whether the patient survived the abortion, and if

the patient did not survive, the cause of death;

(6) the probable post-fertilization age of the unborn

child based on the best medical judgment of the attending physician

at the time of the procedure;

(7) the date, if known, of the patient's last menstrual

cycle;

(8) the number of previous live births of the patient;

and

(9) the number of previous induced abortions of the

patient[ ;

[ (10) whether the abortion was performed or induced

because of a medical emergency and any medical condition of the

pregnant woman that required the abortion; and

[ (11) the information required under Sections

171.008(a) and (c) ].

SECTION 6. Title 14, Local Government Code, is amended by

adding Subtitle C to read as follows:

SUBTITLE C. TRANSPORTATION PROVISIONS APPLYING TO MORE THAN ONE

TYPE OF LOCAL GOVERNMENT

CHAPTER 651. TRAVEL PROHIBITIONS

Sec. 651.001. TRAVEL PROHIBITIONS. A municipality or

county may not adopt or enforce an ordinance, order, or other

measure that prohibits the travel of a person through the

municipality or county for the purpose of obtaining an abortion.

SECTION 7. Section 164.052(a), Occupations Code, is amended

to read as follows:

(a) A physician or an applicant for a license to practice

medicine commits a prohibited practice if that person:

(1) submits to the board a false or misleading

statement, document, or certificate in an application for a

license;

(2) presents to the board a license, certificate, or

diploma that was illegally or fraudulently obtained;

(3) commits fraud or deception in taking or passing an

examination;

(4) uses alcohol or drugs in an intemperate manner

that, in the board's opinion, could endanger a patient's life;

(5) commits unprofessional or dishonorable conduct

that is likely to deceive or defraud the public, as provided by

Section 164.053, or injure the public;

(6) uses an advertising statement that is false,

misleading, or deceptive;

(7) advertises professional superiority or the

performance of professional service in a superior manner if that

advertising is not readily subject to verification;

(8) purchases, sells, barters, or uses, or offers to

purchase, sell, barter, or use, a medical degree, license,

certificate, or diploma, or a transcript of a license, certificate,

or diploma in or incident to an application to the board for a

license to practice medicine;

(9) alters, with fraudulent intent, a medical license,

certificate, or diploma, or a transcript of a medical license,

certificate, or diploma;

(10) uses a medical license, certificate, or diploma,

or a transcript of a medical license, certificate, or diploma that

has been:

(A) fraudulently purchased or issued;

(B) counterfeited; or

(C) materially altered;

(11) impersonates or acts as proxy for another person

in an examination required by this subtitle for a medical license;

(12) engages in conduct that subverts or attempts to

subvert an examination process required by this subtitle for a

medical license;

(13) impersonates a physician or permits another to

use the person's license or certificate to practice medicine in

this state;

(14) directly or indirectly employs a person whose

license to practice medicine has been suspended, canceled, or

revoked;

(15) associates in the practice of medicine with a

person:

(A) whose license to practice medicine has been

suspended, canceled, or revoked; or

(B) who has been convicted of the unlawful

practice of medicine in this state or elsewhere;

(16) performs or procures a criminal abortion, aids or

abets in the procuring of a criminal abortion, attempts to perform

or procure a criminal abortion, or attempts to aid or abet the

performance or procurement of a criminal abortion;

(17) directly or indirectly aids or abets the practice

of medicine by a person, partnership, association, or corporation

that is not licensed to practice medicine by the board;

(18) performs an abortion on a woman who is pregnant

with a viable unborn child during the third trimester of the

pregnancy unless:

(A) the abortion is necessary to prevent the

death of the woman;

(B) the viable unborn child has a severe,

irreversible brain impairment; or

(C) the woman is diagnosed with a significant

likelihood of suffering imminent severe, irreversible brain damage

or imminent severe, irreversible paralysis;

(19) performs an abortion on an unemancipated minor

without the written consent of the child's parent, managing

conservator, or legal guardian or without a court order, as

provided by Section 33.003 or 33.004, Family Code, unless the

abortion is necessary due to a medical emergency, as defined by

Section 171.002, Health and Safety Code;

(20) otherwise performs an abortion on an

unemancipated minor in violation of Chapter 33, Family Code;

(21) performs or induces or attempts to perform or

induce an abortion in violation of Subchapter [ C, ] F[ , ] or G,

Chapter 171, Health and Safety Code;

(22) in complying with the procedures outlined in

Sections 166.045 and 166.046, Health and Safety Code, wilfully

fails to make a reasonable effort to transfer a patient to a

physician who is willing to comply with a directive;

(23) performs or delegates to another individual the

performance of a pelvic examination on an anesthetized or

unconscious patient in violation of Section 167A.002, Health and

Safety Code; or

(24) performs a gender transitioning or gender

reassignment procedure or treatment in violation of Section

161.702, Health and Safety Code.

SECTION 8. Section 164.055(b), Occupations Code, is amended

to read as follows:

(b) The sanctions provided by Subsection (a) are in addition

to any other grounds for refusal to admit persons to examination

under this subtitle or to issue a license or renew a license to

practice medicine under this subtitle. The criminal penalties

provided by Section 165.152 do not apply to a violation of Section

170.002, Health and Safety Code, or Subchapter [ C, ] F[ , ] or G,

Chapter 171, Health and Safety Code.

SECTION 9. The following provisions are repealed:

(1) Sections 30.022, 74.551, and 74.552, Civil

Practice and Remedies Code;

(2) Section 311.036, Government Code;

(3) Chapter 170A, Health and Safety Code;

(4) Section 171.0031, Health and Safety Code;

(5) Section 171.008, Health and Safety Code;

(6) Subchapter C, Chapter 171, Health and Safety Code;

(7) Subchapter H, Chapter 171, Health and Safety Code;

(8) Section 164.055(c), Occupations Code;

(9) Section 9.35, Penal Code; and

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

SECTION 10. Section 311.037(b), Government Code, as added

by this Act, is intended to clarify rather than change existing law.

SECTION 11. This Act takes effect September 1, 2025.