Bill Text: TX SB79 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the repeal of certain laws prohibiting abortion and the construction of abortion laws imposing penalties or liability on pregnant individuals.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB79 Detail]

Download: Texas-2023-SB79-Introduced.html

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88R187 SCL-D
By: Johnson S.B. No. 79

A BILL TO BE ENTITLED
AN ACT
relating to the repeal of certain laws prohibiting abortion and the
construction of abortion laws imposing penalties or liability on
pregnant individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 311.036, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) A statute that regulates or prohibits abortion may not
be construed to authorize the imposition or incurrence of criminal,
civil, or administrative penalties or liability on a pregnant
individual on whom an abortion is performed, induced, or attempted.
SECTION 2. Section 171.206(b), Health and Safety Code, is
amended to read as follows:
(b) This subchapter may not be construed to:
(1) authorize the initiation of a cause of action
against or the prosecution of a pregnant individual [woman] on whom
an abortion is performed or induced or attempted to be performed or
induced in violation of this subchapter;
(2) wholly or partly repeal, either expressly or by
implication, any other statute that regulates or prohibits
abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or
(3) restrict a political subdivision from regulating
or prohibiting abortion in a manner that is at least as stringent as
the laws of this state.
SECTION 3. Section 171.207(b), Health and Safety Code, is
amended to read as follows:
(b) Subsection (a) may not be construed to:
(1) legalize the conduct prohibited by this subchapter
[or by Chapter 6-1/2, Title 71, Revised Statutes];
(2) limit in any way or affect the availability of a
remedy established by Section 171.208; or
(3) limit the enforceability of any other laws that
regulate or prohibit abortion.
SECTION 4. Chapter 6-1/2, Title 71, Revised Statutes, is
repealed.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, 2023.