88R7209 JG-D
By: Howard H.B. No. 1880
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of certain laws on the provision of
money to organizations that support access to health care services
and the repeal of certain laws prohibiting abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, is amended
by adding Subchapter Y to read as follows:
SUBCHAPTER Y. APPLICABILITY OF LAWS PROHIBITING HEALTH CARE
SERVICES
Sec. 161.751. APPLICABILITY OF LAWS ON PROVISION OF MONEY
TO CERTAIN ORGANIZATIONS. The provision of money, including a
donation or gift, to an organization that provides support services
to an individual in accessing a health care service:
(1) does not constitute a violation of any prohibition
under state law on the provision of that health care service; and
(2) may not be the basis for a cause of action related
to the provision of that health care service.
SECTION 2. Section 19.06, Penal Code, is amended to read as
follows:
Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. This chapter
does not apply to the death of an unborn child if the conduct
charged is:
(1) conduct committed by the mother of the unborn
child;
(2) a lawful medical procedure performed by a
physician or other licensed health care provider with the requisite
consent, if the death of the unborn child was the intended result of
the procedure;
(3) a lawful medical procedure performed by a
physician or other licensed health care provider with the requisite
consent as part of an assisted reproduction as defined by Section
160.102, Family Code; [or]
(4) the dispensation of a drug in accordance with law
or administration of a drug prescribed in accordance with law; or
(5) the provision of money to an organization that
provides support services to an individual in accessing health care
services.
SECTION 3. Section 22.12, Penal Code, is amended to read as
follows:
Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT. This chapter
does not apply to conduct charged as having been committed against
an individual who is an unborn child if the conduct is:
(1) committed by the mother of the unborn child;
(2) a lawful medical procedure performed by a
physician or other health care provider with the requisite consent;
(3) a lawful medical procedure performed by a
physician or other licensed health care provider with the requisite
consent as part of an assisted reproduction as defined by Section
160.102, Family Code; [or]
(4) the dispensation of a drug in accordance with law
or administration of a drug prescribed in accordance with law; or
(5) the provision of money to an organization that
provides support services to an individual in accessing health care
services.
SECTION 4. 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 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 5. 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 6. Chapter 6-1/2, Title 71, Revised Statutes, is
repealed.
SECTION 7. This Act takes effect September 1, 2023.