Texas 2023 - 88th Regular

Texas House Bill HB1880 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7209 JG-D
2	2	By: Howard H.B. No. 1880
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the applicability of certain laws on the provision of
8	8	money to organizations that support access to health care services
9	9	and the repeal of certain laws prohibiting abortion.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 161, Health and Safety Code, is amended
12	12	by adding Subchapter Y to read as follows:
13	13	SUBCHAPTER Y. APPLICABILITY OF LAWS PROHIBITING HEALTH CARE
14	14	SERVICES
15	15	Sec. 161.751. APPLICABILITY OF LAWS ON PROVISION OF MONEY
16	16	TO CERTAIN ORGANIZATIONS. The provision of money, including a
17	17	donation or gift, to an organization that provides support services
18	18	to an individual in accessing a health care service:
19	19	(1) does not constitute a violation of any prohibition
20	20	under state law on the provision of that health care service; and
21	21	(2) may not be the basis for a cause of action related
22	22	to the provision of that health care service.
23	23	SECTION 2. Section 19.06, Penal Code, is amended to read as
24	24	follows:
25	25	Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. This chapter
26	26	does not apply to the death of an unborn child if the conduct
27	27	charged is:
28	28	(1) conduct committed by the mother of the unborn
29	29	child;
30	30	(2) a lawful medical procedure performed by a
31	31	physician or other licensed health care provider with the requisite
32	32	consent, if the death of the unborn child was the intended result of
33	33	the procedure;
34	34	(3) a lawful medical procedure performed by a
35	35	physician or other licensed health care provider with the requisite
36	36	consent as part of an assisted reproduction as defined by Section
37	37	160.102, Family Code; [or]
38	38	(4) the dispensation of a drug in accordance with law
39	39	or administration of a drug prescribed in accordance with law; or
40	40	(5) the provision of money to an organization that
41	41	provides support services to an individual in accessing health care
42	42	services.
43	43	SECTION 3. Section 22.12, Penal Code, is amended to read as
44	44	follows:
45	45	Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT. This chapter
46	46	does not apply to conduct charged as having been committed against
47	47	an individual who is an unborn child if the conduct is:
48	48	(1) committed by the mother of the unborn child;
49	49	(2) a lawful medical procedure performed by a
50	50	physician or other health care provider with the requisite consent;
51	51	(3) a lawful medical procedure performed by a
52	52	physician or other licensed health care provider with the requisite
53	53	consent as part of an assisted reproduction as defined by Section
54	54	160.102, Family Code; [or]
55	55	(4) the dispensation of a drug in accordance with law
56	56	or administration of a drug prescribed in accordance with law; or
57	57	(5) the provision of money to an organization that
58	58	provides support services to an individual in accessing health care
59	59	services.
60	60	SECTION 4. Section 171.206(b), Health and Safety Code, is
61	61	amended to read as follows:
62	62	(b) This subchapter may not be construed to:
63	63	(1) authorize the initiation of a cause of action
64	64	against or the prosecution of a woman on whom an abortion is
65	65	performed or induced or attempted to be performed or induced in
66	66	violation of this subchapter;
67	67	(2) wholly or partly repeal, either expressly or by
68	68	implication, any other statute that regulates or prohibits
69	69	abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or
70	70	(3) restrict a political subdivision from regulating
71	71	or prohibiting abortion in a manner that is at least as stringent as
72	72	the laws of this state.
73	73	SECTION 5. Section 171.207(b), Health and Safety Code, is
74	74	amended to read as follows:
75	75	(b) Subsection (a) may not be construed to:
76	76	(1) legalize the conduct prohibited by this subchapter
77	77	[or by Chapter 6-1/2, Title 71, Revised Statutes];
78	78	(2) limit in any way or affect the availability of a
79	79	remedy established by Section 171.208; or
80	80	(3) limit the enforceability of any other laws that
81	81	regulate or prohibit abortion.
82	82	SECTION 6. Chapter 6-1/2, Title 71, Revised Statutes, is
83	83	repealed.
84	84	SECTION 7. This Act takes effect September 1, 2023.