Bill Text: TX HB87 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the regulation of abortion procedures.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced - Dead) 2017-02-13 - Referred to State Affairs [HB87 Detail]

Download: Texas-2017-HB87-Introduced.html
  85R585 KKR-F
 
  By: Schaefer H.B. No. 87
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of abortion procedures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 170.002(b) and (c), Health and Safety
  Code, are amended to read as follows:
         (b)  Subsection (a) does not prohibit a person from
  performing an abortion if at the time of the abortion the person is
  a physician and concludes in good faith according to the
  physician's best medical judgment that:
               (1)  the fetus is not a viable fetus and the pregnancy
  is not in the third trimester; or
               (2)  the abortion is necessary to prevent the death or a
  substantial risk of serious impairment to the physical or mental
  health of the woman[; or
               [(3)     the fetus has a severe and irreversible
  abnormality, identified by reliable diagnostic procedures].
         (c)  A physician who performs an abortion that, according to
  the physician's best medical judgment at the time of the abortion,
  is to abort a viable unborn child during the third trimester of the
  pregnancy shall certify in writing to the department, on a form
  prescribed by the department, the medical indications supporting
  the physician's judgment that the abortion was authorized by
  Subsection (b)(2) [or (3)].  The certification must be made not
  later than the 30th day after the date the abortion was performed.
         SECTION 2.  Section 171.042, Health and Safety Code, is
  amended to read as follows:
         Sec. 171.042.  DEFINITION [DEFINITIONS].  In this
  subchapter, [:
               [(1)]  "post-fertilization [Post-fertilization] age"
  means the age of the unborn child as calculated from the fusion of a
  human spermatozoon with a human ovum.
               [(2)     "Severe fetal abnormality" has the meaning
  assigned by Section 285.202.]
         SECTION 3.  Section 285.202(a), Health and Safety Code, is
  amended to read as follows:
         (a)  In this section, "medical emergency" means[:
               [(1)]  a condition exists that, in a physician's good
  faith clinical judgment, complicates the medical condition of the
  pregnant woman and necessitates the immediate abortion of her
  pregnancy to avert her death or to avoid a serious risk of
  substantial impairment of a major bodily function[; or
               [(2)  the fetus has a severe fetal abnormality].
         SECTION 4.  Sections 171.046(c) and 285.202(a-1), Health and
  Safety Code, are repealed.
         SECTION 5.  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, 2017.
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