88R5958 JG-D
By: Plesa H.B. No. 1953
A BILL TO BE ENTITLED
AN ACT
relating to exceptions to laws prohibiting abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 170.002, Health and
Safety Code, is amended to read as follows:
Sec. 170.002. PROHIBITED ACTS; EXEMPTIONS [EXEMPTION].
SECTION 2. Section 170.002, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (b-1) to
read as follows:
(a) Except as provided by Subsections [Subsection] (b) and
(b-1), a person may not intentionally or knowingly perform an
abortion on a woman who is pregnant with a viable unborn child
during the third trimester of the pregnancy.
(b-1) Subsection (a) does not prohibit a physician from
performing an abortion if:
(1) the pregnant woman is 35 years of age or older or
has a high-risk condition, as determined by the physician; or
(2) the pregnancy resulted from in vitro
fertilization.
SECTION 3. Section 170A.002, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) The prohibition under Subsection (a) does not apply
if:
(1) the pregnant woman is 35 years of age or older or
has a high-risk condition, as determined by a physician; or
(2) the pregnancy resulted from in vitro
fertilization.
SECTION 4. Section 171.046, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) The prohibitions and requirements under Sections
171.043, 171.044, and 171.045(b) do not apply to an abortion
performed if:
(1) the pregnant woman is 35 years of age or older or
has a high-risk condition, as determined by a physician; or
(2) the pregnancy resulted from in vitro
fertilization.
SECTION 5. Section 171.063, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) The restriction on the provision of an
abortion-inducing drug under Subsection (c)(6) does not apply if:
(1) either:
(A) the pregnant woman is 35 years of age or older
or has a high-risk condition, as determined by the physician; or
(B) the pregnancy resulted from in vitro
fertilization; and
(2) based on the physician's reasonable medical
judgment and the gestational age of the pregnancy, the provision of
the abortion-inducing drug will be effective and does not pose a
risk to the pregnant woman.
SECTION 6. The heading to Section 171.102, Health and
Safety Code, is amended to read as follows:
Sec. 171.102. PARTIAL-BIRTH ABORTIONS PROHIBITED;
EXCEPTIONS.
SECTION 7. Section 171.102, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) Subsection (a) does not apply to a physician who
performs a partial-birth abortion if:
(1) the pregnant woman is 35 years of age or older or
has a high-risk condition, as determined by the physician; or
(2) the pregnancy resulted from in vitro
fertilization.
SECTION 8. The heading to Section 171.152, Health and
Safety Code, is amended to read as follows:
Sec. 171.152. DISMEMBERMENT ABORTIONS PROHIBITED;
EXCEPTIONS.
SECTION 9. Section 171.152(a), Health and Safety Code, is
amended to read as follows:
(a) A person may not intentionally perform a dismemberment
abortion unless:
(1) the dismemberment abortion is necessary in a
medical emergency;
(2) the pregnant woman is 35 years of age or older or
has a high-risk condition, as determined by a physician; or
(3) the pregnancy resulted from in vitro
fertilization.
SECTION 10. The heading to Section 171.205, Health and
Safety Code, is amended to read as follows:
Sec. 171.205. EXCEPTIONS [EXCEPTION FOR MEDICAL
EMERGENCY]; RECORDS.
SECTION 11. Section 171.205, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) Sections 171.203 and 171.204 do not apply to an
abortion performed or induced by a physician if:
(1) the pregnant woman is 35 years of age or older or
has a high-risk condition, as determined by the physician; or
(2) the pregnancy resulted from in vitro
fertilization.
SECTION 12. 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.