Bill Text: TX SB123 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to exceptions to certain laws prohibiting abortion.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB123 Detail]
Download: Texas-2023-SB123-Introduced.html
88R4551 JG-D | ||
By: Alvarado, et al. | S.B. No. 123 |
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relating to exceptions to certain laws prohibiting abortion. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 170A.001(3), Health and Safety Code, is | ||
amended to read as follows: | ||
(3) "Pregnant" means the [ |
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condition of having an embryo or fetus develop [ |
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SECTION 2. Section 170A.002, Health and Safety Code, is | ||
amended by amending Subsections (b) and (d) and adding Subsection | ||
(e) to read as follows: | ||
(b) The prohibition under Subsection (a) does not apply if: | ||
(1) the person performing, inducing, or attempting the | ||
abortion is a licensed physician; and | ||
(2) in the physician's best [ |
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medical judgment, the [ |
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(A) necessary to preserve the pregnant patient's | ||
life; | ||
(B) necessary to preserve the pregnant patient's | ||
physical or mental health; | ||
(C) requested because of a lethal fetal anomaly | ||
or diagnosis; or | ||
(D) requested because of a life-limiting | ||
diagnosis that indicates the existence of the fetus outside the | ||
womb is incompatible with life without extraordinary medical | ||
interventions [ |
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[ |
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[ |
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[ |
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(d) Medical treatment provided to the pregnant patient | ||
[ |
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unintentional injury or death of the embryo or fetus [ |
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does not constitute a violation of this section. | ||
(e) Each abortion permitted under an exception provided by | ||
this section must be considered independently by the treating | ||
physician and the pregnant patient or the patient's health care | ||
proxy. A medical review process may not override a determination by | ||
a physician and a pregnant patient or the patient's health care | ||
proxy to perform, induce, or attempt an abortion permitted under an | ||
exception provided by this section. | ||
SECTION 3. Section 170A.003, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 170A.003. CONSTRUCTION OF CHAPTER. This chapter may | ||
not be construed to authorize the imposition of criminal, civil, or | ||
administrative liability or penalties on a pregnant patient | ||
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SECTION 4. Sections 170A.001(2) and 170A.002(c), Health and | ||
Safety Code, are repealed. | ||
SECTION 5. This Act takes effect September 1, 2023. |