Texas 2023 - 88th Regular

Texas House Bill HB1953 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R5958 JG-D
2	2	By: Plesa H.B. No. 1953
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exceptions to laws prohibiting abortion.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Section 170.002, Health and
10	10	Safety Code, is amended to read as follows:
11	11	Sec. 170.002. PROHIBITED ACTS; EXEMPTIONS [EXEMPTION].
12	12	SECTION 2. Section 170.002, Health and Safety Code, is
13	13	amended by amending Subsection (a) and adding Subsection (b-1) to
14	14	read as follows:
15	15	(a) Except as provided by Subsections [Subsection] (b) and
16	16	(b-1), a person may not intentionally or knowingly perform an
17	17	abortion on a woman who is pregnant with a viable unborn child
18	18	during the third trimester of the pregnancy.
19	19	(b-1) Subsection (a) does not prohibit a physician from
20	20	performing an abortion if:
21	21	(1) the pregnant woman is 35 years of age or older or
22	22	has a high-risk condition, as determined by the physician; or
23	23	(2) the pregnancy resulted from in vitro
24	24	fertilization.
25	25	SECTION 3. Section 170A.002, Health and Safety Code, is
26	26	amended by adding Subsection (b-1) to read as follows:
27	27	(b-1) The prohibition under Subsection (a) does not apply
28	28	if:
29	29	(1) the pregnant woman is 35 years of age or older or
30	30	has a high-risk condition, as determined by a physician; or
31	31	(2) the pregnancy resulted from in vitro
32	32	fertilization.
33	33	SECTION 4. Section 171.046, Health and Safety Code, is
34	34	amended by adding Subsection (d) to read as follows:
35	35	(d) The prohibitions and requirements under Sections
36	36	171.043, 171.044, and 171.045(b) do not apply to an abortion
37	37	performed if:
38	38	(1) the pregnant woman is 35 years of age or older or
39	39	has a high-risk condition, as determined by a physician; or
40	40	(2) the pregnancy resulted from in vitro
41	41	fertilization.
42	42	SECTION 5. Section 171.063, Health and Safety Code, is
43	43	amended by adding Subsection (c-1) to read as follows:
44	44	(c-1) The restriction on the provision of an
45	45	abortion-inducing drug under Subsection (c)(6) does not apply if:
46	46	(1) either:
47	47	(A) the pregnant woman is 35 years of age or older
48	48	or has a high-risk condition, as determined by the physician; or
49	49	(B) the pregnancy resulted from in vitro
50	50	fertilization; and
51	51	(2) based on the physician's reasonable medical
52	52	judgment and the gestational age of the pregnancy, the provision of
53	53	the abortion-inducing drug will be effective and does not pose a
54	54	risk to the pregnant woman.
55	55	SECTION 6. The heading to Section 171.102, Health and
56	56	Safety Code, is amended to read as follows:
57	57	Sec. 171.102. PARTIAL-BIRTH ABORTIONS PROHIBITED;
58	58	EXCEPTIONS.
59	59	SECTION 7. Section 171.102, Health and Safety Code, is
60	60	amended by adding Subsection (c) to read as follows:
61	61	(c) Subsection (a) does not apply to a physician who
62	62	performs a partial-birth abortion if:
63	63	(1) the pregnant woman is 35 years of age or older or
64	64	has a high-risk condition, as determined by the physician; or
65	65	(2) the pregnancy resulted from in vitro
66	66	fertilization.
67	67	SECTION 8. The heading to Section 171.152, Health and
68	68	Safety Code, is amended to read as follows:
69	69	Sec. 171.152. DISMEMBERMENT ABORTIONS PROHIBITED;
70	70	EXCEPTIONS.
71	71	SECTION 9. Section 171.152(a), Health and Safety Code, is
72	72	amended to read as follows:
73	73	(a) A person may not intentionally perform a dismemberment
74	74	abortion unless:
75	75	(1) the dismemberment abortion is necessary in a
76	76	medical emergency;
77	77	(2) the pregnant woman is 35 years of age or older or
78	78	has a high-risk condition, as determined by a physician; or
79	79	(3) the pregnancy resulted from in vitro
80	80	fertilization.
81	81	SECTION 10. The heading to Section 171.205, Health and
82	82	Safety Code, is amended to read as follows:
83	83	Sec. 171.205. EXCEPTIONS [EXCEPTION FOR MEDICAL
84	84	EMERGENCY]; RECORDS.
85	85	SECTION 11. Section 171.205, Health and Safety Code, is
86	86	amended by adding Subsection (a-1) to read as follows:
87	87	(a-1) Sections 171.203 and 171.204 do not apply to an
88	88	abortion performed or induced by a physician if:
89	89	(1) the pregnant woman is 35 years of age or older or
90	90	has a high-risk condition, as determined by the physician; or
91	91	(2) the pregnancy resulted from in vitro
92	92	fertilization.
93	93	SECTION 12. This Act takes effect immediately if it
94	94	receives a vote of two-thirds of all the members elected to each
95	95	house, as provided by Section 39, Article III, Texas Constitution.
96	96	If this Act does not receive the vote necessary for immediate
97	97	effect, this Act takes effect September 1, 2023.