Texas 2023 - 88th Regular

Texas Senate Bill SB123 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4551 JG-D
2	2	By: Alvarado, et al. S.B. No. 123
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exceptions to certain laws prohibiting abortion.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 170A.001(3), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(3) "Pregnant" means the [female] human reproductive
12	12	condition of having an embryo or fetus develop [a living unborn
13	13	child] within the human [female's] body [during the entire
14	14	embryonic and fetal stages of the unborn child's development from
15	15	fertilization until birth].
16	16	SECTION 2. Section 170A.002, Health and Safety Code, is
17	17	amended by amending Subsections (b) and (d) and adding Subsection
18	18	(e) to read as follows:
19	19	(b) The prohibition under Subsection (a) does not apply if:
20	20	(1) the person performing, inducing, or attempting the
21	21	abortion is a licensed physician; and
22	22	(2) in the physician's best [exercise of reasonable]
23	23	medical judgment, the [pregnant female on whom the] abortion is:
24	24	(A) necessary to preserve the pregnant patient's
25	25	life;
26	26	(B) necessary to preserve the pregnant patient's
27	27	physical or mental health;
28	28	(C) requested because of a lethal fetal anomaly
29	29	or diagnosis; or
30	30	(D) requested because of a life-limiting
31	31	diagnosis that indicates the existence of the fetus outside the
32	32	womb is incompatible with life without extraordinary medical
33	33	interventions [performed, induced, or attempted has a
34	34	life-threatening physical condition aggravated by, caused by, or
35	35	arising from a pregnancy that places the female at risk of death or
36	36	poses a serious risk of substantial impairment of a major bodily
37	37	function unless the abortion is performed or induced; and
38	38	[(3) the person performs, induces, or attempts the
39	39	abortion in a manner that, in the exercise of reasonable medical
40	40	judgment, provides the best opportunity for the unborn child to
41	41	survive unless, in the reasonable medical judgment, that manner
42	42	would create:
43	43	[(A) a greater risk of the pregnant female's
44	44	death; or
45	45	[(B) a serious risk of substantial impairment of
46	46	a major bodily function of the pregnant female].
47	47	(d) Medical treatment provided to the pregnant patient
48	48	[female] by a licensed physician that results in the accidental or
49	49	unintentional injury or death of the embryo or fetus [unborn child]
50	50	does not constitute a violation of this section.
51	51	(e) Each abortion permitted under an exception provided by
52	52	this section must be considered independently by the treating
53	53	physician and the pregnant patient or the patient's health care
54	54	proxy. A medical review process may not override a determination by
55	55	a physician and a pregnant patient or the patient's health care
56	56	proxy to perform, induce, or attempt an abortion permitted under an
57	57	exception provided by this section.
58	58	SECTION 3. Section 170A.003, Health and Safety Code, is
59	59	amended to read as follows:
60	60	Sec. 170A.003. CONSTRUCTION OF CHAPTER. This chapter may
61	61	not be construed to authorize the imposition of criminal, civil, or
62	62	administrative liability or penalties on a pregnant patient
63	63	[female] on whom an abortion is performed, induced, or attempted.
64	64	SECTION 4. Sections 170A.001(2) and 170A.002(c), Health and
65	65	Safety Code, are repealed.
66	66	SECTION 5. This Act takes effect September 1, 2023.