Bill Text: TX HB1953 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to exceptions to laws prohibiting abortion.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-03-08 - Referred to Public Health [HB1953 Detail]
Download: Texas-2023-HB1953-Introduced.html
88R5958 JG-D | ||
By: Plesa | H.B. No. 1953 |
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relating to exceptions to laws prohibiting abortion. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 170.002, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 170.002. PROHIBITED ACTS; EXEMPTIONS [ |
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SECTION 2. Section 170.002, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) Except as provided by Subsections [ |
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(b-1), a person may not intentionally or knowingly perform an | ||
abortion on a woman who is pregnant with a viable unborn child | ||
during the third trimester of the pregnancy. | ||
(b-1) Subsection (a) does not prohibit a physician from | ||
performing an abortion if: | ||
(1) the pregnant woman is 35 years of age or older or | ||
has a high-risk condition, as determined by the physician; or | ||
(2) the pregnancy resulted from in vitro | ||
fertilization. | ||
SECTION 3. Section 170A.002, Health and Safety Code, is | ||
amended by adding Subsection (b-1) to read as follows: | ||
(b-1) The prohibition under Subsection (a) does not apply | ||
if: | ||
(1) the pregnant woman is 35 years of age or older or | ||
has a high-risk condition, as determined by a physician; or | ||
(2) the pregnancy resulted from in vitro | ||
fertilization. | ||
SECTION 4. Section 171.046, Health and Safety Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) The prohibitions and requirements under Sections | ||
171.043, 171.044, and 171.045(b) do not apply to an abortion | ||
performed if: | ||
(1) the pregnant woman is 35 years of age or older or | ||
has a high-risk condition, as determined by a physician; or | ||
(2) the pregnancy resulted from in vitro | ||
fertilization. | ||
SECTION 5. Section 171.063, Health and Safety Code, is | ||
amended by adding Subsection (c-1) to read as follows: | ||
(c-1) The restriction on the provision of an | ||
abortion-inducing drug under Subsection (c)(6) does not apply if: | ||
(1) either: | ||
(A) the pregnant woman is 35 years of age or older | ||
or has a high-risk condition, as determined by the physician; or | ||
(B) the pregnancy resulted from in vitro | ||
fertilization; and | ||
(2) based on the physician's reasonable medical | ||
judgment and the gestational age of the pregnancy, the provision of | ||
the abortion-inducing drug will be effective and does not pose a | ||
risk to the pregnant woman. | ||
SECTION 6. The heading to Section 171.102, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 171.102. PARTIAL-BIRTH ABORTIONS PROHIBITED; | ||
EXCEPTIONS. | ||
SECTION 7. Section 171.102, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) Subsection (a) does not apply to a physician who | ||
performs a partial-birth abortion if: | ||
(1) the pregnant woman is 35 years of age or older or | ||
has a high-risk condition, as determined by the physician; or | ||
(2) the pregnancy resulted from in vitro | ||
fertilization. | ||
SECTION 8. The heading to Section 171.152, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 171.152. DISMEMBERMENT ABORTIONS PROHIBITED; | ||
EXCEPTIONS. | ||
SECTION 9. Section 171.152(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A person may not intentionally perform a dismemberment | ||
abortion unless: | ||
(1) the dismemberment abortion is necessary in a | ||
medical emergency; | ||
(2) the pregnant woman is 35 years of age or older or | ||
has a high-risk condition, as determined by a physician; or | ||
(3) the pregnancy resulted from in vitro | ||
fertilization. | ||
SECTION 10. The heading to Section 171.205, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 171.205. EXCEPTIONS [ |
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SECTION 11. 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 physician if: | ||
(1) the pregnant woman is 35 years of age or older or | ||
has a high-risk condition, as determined by the physician; or | ||
(2) the pregnancy resulted from in vitro | ||
fertilization. | ||
SECTION 12. 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, 2023. |