bill adding rape and incest exceptions to the abortion ban

The text as introduced · 454 words

89R5252 JG-D

By: Howard
H.B. No. 395

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 Subsection (b-1) to read as follows:

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

(a) that the pregnant patient indicates 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. This subsection may not be construed to require:

(1) the pregnant patient to file a police or

investigative report;

(2) the pregnant patient to provide forensic evidence;

or

(3) prosecution of the alleged offense.

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

repealed.

SECTION 7. 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.