87R875 JG-F
 
  By: Toth H.B. No. 69
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting abortion at or after 12 weeks
  post-fertilization.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter C, Chapter 171, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER C. ABORTION PROHIBITED AT OR AFTER 12 [20] WEEKS
  POST-FERTILIZATION
         SECTION 2.  Section 171.044, Health and Safety Code, is
  amended to read as follows:
         Sec. 171.044.  ABORTION OF UNBORN CHILD OF 12 [20] OR MORE
  WEEKS POST-FERTILIZATION AGE PROHIBITED. Except as otherwise
  provided by Section 171.046, a person may not perform or induce or
  attempt to perform or induce an abortion on a woman if it has been
  determined, by the physician performing, inducing, or attempting to
  perform or induce the abortion or by another physician on whose
  determination that physician relies, that the probable
  post-fertilization age of the unborn child is 12 [20] or more weeks.
         SECTION 3.  Section 171.045(a), Health and Safety Code, is
  amended to read as follows:
         (a)  This section applies only to an abortion authorized
  under Section 171.046(a)(1) or (2) in which:
               (1)  the probable post-fertilization age of the unborn
  child is 12 [20] or more weeks; or
               (2)  the probable post-fertilization age of the unborn
  child has not been determined but could reasonably be 12 [20] or
  more weeks.
         SECTION 4.  Section 171.046(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The prohibitions and requirements under Sections
  171.043, 171.044, and 171.045(b) do not apply to an abortion
  performed if there exists a condition that, in the physician's
  reasonable medical judgment, so complicates the medical condition
  of the woman that, to avert the woman's death or a serious risk of
  substantial and irreversible physical impairment of a major bodily
  function, other than a psychological condition, it necessitates, as
  applicable:
               (1)  the immediate abortion of her pregnancy without
  the delay necessary to determine the probable post-fertilization
  age of the unborn child;
               (2)  the abortion of her pregnancy even though the
  post-fertilization age of the unborn child is 12 [20] or more weeks;
  or
               (3)  the use of a method of abortion other than a method
  described by Section 171.045(b).
         SECTION 5.  The change in law made by this Act applies only
  to an abortion performed, induced, or attempted on or after the
  effective date of this Act. An abortion performed, induced, or
  attempted before the effective date of this Act is governed by the
  law in effect on the date the abortion was performed, induced, or
  attempted, and the former law is continued in effect for that
  purpose.
         SECTION 6.  This Act takes effect September 1, 2021.