88R5958 JG-D
 
  By: Plesa H.B. No. 1953
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [EXEMPTION].
         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 [Subsection] (b) and
  (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 [EXCEPTION FOR MEDICAL
  EMERGENCY]; RECORDS.
         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.