Texas 2025 - 89th Regular

Texas House Bill HB1220 Compare Versions

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11 89R2361 JG-D
22 By: Plesa H.B. No. 1220
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to exceptions to laws prohibiting abortion.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. The heading to Section 170.002, Health and
1212 Safety Code, is amended to read as follows:
1313 Sec. 170.002. PROHIBITED ACTS; EXEMPTIONS [EXEMPTION].
1414 SECTION 2. Section 170.002, Health and Safety Code, is
1515 amended by amending Subsection (a) and adding Subsection (b-1) to
1616 read as follows:
1717 (a) Except as provided by Subsections [Subsection] (b) and
1818 (b-1), a person may not intentionally or knowingly perform an
1919 abortion on a woman who is pregnant with a viable unborn child
2020 during the third trimester of the pregnancy.
2121 (b-1) Subsection (a) does not prohibit a physician from
2222 performing an abortion if:
2323 (1) the pregnant woman is 35 years of age or older or
2424 has a high-risk condition, as determined by the physician; or
2525 (2) the pregnancy resulted from in vitro
2626 fertilization.
2727 SECTION 3. Section 170A.002, Health and Safety Code, is
2828 amended by adding Subsection (b-1) to read as follows:
2929 (b-1) The prohibition under Subsection (a) does not apply
3030 if:
3131 (1) the pregnant woman is 35 years of age or older or
3232 has a high-risk condition, as determined by a physician; or
3333 (2) the pregnancy resulted from in vitro
3434 fertilization.
3535 SECTION 4. Section 171.046, Health and Safety Code, is
3636 amended by adding Subsection (d) to read as follows:
3737 (d) The prohibitions and requirements under Sections
3838 171.043, 171.044, and 171.045(b) do not apply to an abortion
3939 performed if:
4040 (1) the pregnant woman is 35 years of age or older or
4141 has a high-risk condition, as determined by a physician; or
4242 (2) the pregnancy resulted from in vitro
4343 fertilization.
4444 SECTION 5. Section 171.063, Health and Safety Code, is
4545 amended by adding Subsection (c-1) to read as follows:
4646 (c-1) The restriction on the provision of an
4747 abortion-inducing drug under Subsection (c)(6) does not apply if:
4848 (1) either:
4949 (A) the pregnant woman is 35 years of age or older
5050 or has a high-risk condition, as determined by the physician; or
5151 (B) the pregnancy resulted from in vitro
5252 fertilization; and
5353 (2) based on the physician's reasonable medical
5454 judgment and the gestational age of the pregnancy, the provision of
5555 the abortion-inducing drug will be effective and does not pose a
5656 risk to the pregnant woman.
5757 SECTION 6. The heading to Section 171.102, Health and
5858 Safety Code, is amended to read as follows:
5959 Sec. 171.102. PARTIAL-BIRTH ABORTIONS PROHIBITED;
6060 EXCEPTIONS.
6161 SECTION 7. Section 171.102, Health and Safety Code, is
6262 amended by adding Subsection (c) to read as follows:
6363 (c) Subsection (a) does not apply to a physician who
6464 performs a partial-birth abortion if:
6565 (1) the pregnant woman is 35 years of age or older or
6666 has a high-risk condition, as determined by the physician; or
6767 (2) the pregnancy resulted from in vitro
6868 fertilization.
6969 SECTION 8. The heading to Section 171.152, Health and
7070 Safety Code, is amended to read as follows:
7171 Sec. 171.152. DISMEMBERMENT ABORTIONS PROHIBITED;
7272 EXCEPTIONS.
7373 SECTION 9. Section 171.152(a), Health and Safety Code, is
7474 amended to read as follows:
7575 (a) A person may not intentionally perform a dismemberment
7676 abortion unless:
7777 (1) the dismemberment abortion is necessary in a
7878 medical emergency;
7979 (2) the pregnant woman is 35 years of age or older or
8080 has a high-risk condition, as determined by a physician; or
8181 (3) the pregnancy resulted from in vitro
8282 fertilization.
8383 SECTION 10. The heading to Section 171.205, Health and
8484 Safety Code, is amended to read as follows:
8585 Sec. 171.205. EXCEPTIONS [EXCEPTION FOR MEDICAL
8686 EMERGENCY]; RECORDS.
8787 SECTION 11. Section 171.205, Health and Safety Code, is
8888 amended by adding Subsection (a-1) to read as follows:
8989 (a-1) Sections 171.203 and 171.204 do not apply to an
9090 abortion performed or induced by a physician if:
9191 (1) the pregnant woman is 35 years of age or older or
9292 has a high-risk condition, as determined by the physician; or
9393 (2) the pregnancy resulted from in vitro
9494 fertilization.
9595 SECTION 12. This Act takes effect immediately if it
9696 receives a vote of two-thirds of all the members elected to each
9797 house, as provided by Section 39, Article III, Texas Constitution.
9898 If this Act does not receive the vote necessary for immediate
9999 effect, this Act takes effect September 1, 2025.