| 1 | 1 | | 85R585 KKR-F |
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| 2 | 2 | | By: Schaefer H.B. No. 87 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of abortion procedures. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 170.002(b) and (c), Health and Safety |
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| 10 | 10 | | Code, are amended to read as follows: |
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| 11 | 11 | | (b) Subsection (a) does not prohibit a person from |
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| 12 | 12 | | performing an abortion if at the time of the abortion the person is |
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| 13 | 13 | | a physician and concludes in good faith according to the |
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| 14 | 14 | | physician's best medical judgment that: |
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| 15 | 15 | | (1) the fetus is not a viable fetus and the pregnancy |
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| 16 | 16 | | is not in the third trimester; or |
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| 17 | 17 | | (2) the abortion is necessary to prevent the death or a |
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| 18 | 18 | | substantial risk of serious impairment to the physical or mental |
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| 19 | 19 | | health of the woman[; or |
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| 20 | 20 | | [(3) the fetus has a severe and irreversible |
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| 21 | 21 | | abnormality, identified by reliable diagnostic procedures]. |
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| 22 | 22 | | (c) A physician who performs an abortion that, according to |
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| 23 | 23 | | the physician's best medical judgment at the time of the abortion, |
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| 24 | 24 | | is to abort a viable unborn child during the third trimester of the |
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| 25 | 25 | | pregnancy shall certify in writing to the department, on a form |
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| 26 | 26 | | prescribed by the department, the medical indications supporting |
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| 27 | 27 | | the physician's judgment that the abortion was authorized by |
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| 28 | 28 | | Subsection (b)(2) [or (3)]. The certification must be made not |
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| 29 | 29 | | later than the 30th day after the date the abortion was performed. |
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| 30 | 30 | | SECTION 2. Section 171.042, Health and Safety Code, is |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | Sec. 171.042. DEFINITION [DEFINITIONS]. In this |
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| 33 | 33 | | subchapter, [: |
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| 34 | 34 | | [(1)] "post-fertilization [Post-fertilization] age" |
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| 35 | 35 | | means the age of the unborn child as calculated from the fusion of a |
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| 36 | 36 | | human spermatozoon with a human ovum. |
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| 37 | 37 | | [(2) "Severe fetal abnormality" has the meaning |
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| 38 | 38 | | assigned by Section 285.202.] |
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| 39 | 39 | | SECTION 3. Section 285.202(a), Health and Safety Code, is |
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| 40 | 40 | | amended to read as follows: |
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| 41 | 41 | | (a) In this section, "medical emergency" means[: |
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| 42 | 42 | | [(1)] a condition exists that, in a physician's good |
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| 43 | 43 | | faith clinical judgment, complicates the medical condition of the |
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| 44 | 44 | | pregnant woman and necessitates the immediate abortion of her |
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| 45 | 45 | | pregnancy to avert her death or to avoid a serious risk of |
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| 46 | 46 | | substantial impairment of a major bodily function[; or |
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| 47 | 47 | | [(2) the fetus has a severe fetal abnormality]. |
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| 48 | 48 | | SECTION 4. Sections 171.046(c) and 285.202(a-1), Health and |
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| 49 | 49 | | Safety Code, are repealed. |
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| 50 | 50 | | SECTION 5. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2017. |
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