Texas 2025 - 89th Regular

Texas House Bill HB2251 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4802 JG-D
2	2	By: Goodwin H.B. No. 2251
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to exceptions to and the repeal of certain laws
10	10	prohibiting abortion.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 170A.002(b), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(b) The prohibition under Subsection (a) does not apply if:
15	15	(1) the person performing, inducing, or attempting the
16	16	abortion is a licensed physician; and
17	17	(2) in the exercise of reasonable medical judgment,
18	18	the pregnant female on whom the abortion is performed, induced, or
19	19	attempted:
20	20	(A) has a medical condition that places the
21	21	female's current or future health at risk unless the pregnancy is
22	22	terminated;
23	23	(B) is pregnant with a fetus that has a severe or
24	24	usually lethal congenital anomaly;
25	25	(C) is pregnant with two or more fetuses and at
26	26	least one fetus poses a risk to the health of another fetus;
27	27	(D) has experienced, is experiencing, or is
28	28	likely to experience a miscarriage that places the female's current
29	29	or future health at risk unless the uterine contents are removed or
30	30	the pregnancy is terminated; or
31	31	(E) was impregnated as a result of conduct
32	32	constituting an offense under Section 22.011, 22.021, or 25.02,
33	33	Penal Code [has a life-threatening physical condition aggravated
34	34	by, caused by, or arising from a pregnancy that places the female at
35	35	risk of death or poses a serious risk of substantial impairment of a
36	36	major bodily function unless the abortion is performed or induced;
37	37	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	SECTION 2. Section 170A.007, Health and Safety Code, is
48	48	amended to read as follows:
49	49	Sec. 170A.007. DISCIPLINARY ACTION. In addition to any
50	50	other penalty that may be imposed under this chapter, the
51	51	appropriate licensing authority shall revoke the license, permit,
52	52	registration, certificate, or other authority of a [physician or
53	53	other] health care professional who performs, induces, or attempts
54	54	an abortion in violation of Section 170A.002.
55	55	SECTION 3. Chapter 170A, Health and Safety Code, is amended
56	56	by adding Section 170A.008 to read as follows:
57	57	Sec. 170A.008. EXCEPTION TO CRIMINAL, CIVIL, AND
58	58	ADMINISTRATIVE PENALTIES; REFERRAL FOR CERTAIN DISCIPLINARY
59	59	ACTION. (a) Sections 170A.004, 170A.005, and 170A.007 do not apply
60	60	to a physician licensed in this state.
61	61	(b) A physician licensed in this state who is alleged to
62	62	have performed, induced, or attempted an abortion in violation of
63	63	Section 170A.002 may be referred to the Texas Medical Board for:
64	64	(1) investigation; and
65	65	(2) appropriate disciplinary action if the board
66	66	determines the physician violated that section.
67	67	SECTION 4. Sections 171.205(a) and (b), Health and Safety
68	68	Code, are amended to read as follows:
69	69	(a) Sections 171.203 and 171.204 do not apply if a
70	70	physician, in the exercise of reasonable medical judgment,
71	71	determines the pregnant female on whom the abortion is performed,
72	72	induced, or attempted:
73	73	(1) has a medical condition that places the female's
74	74	current or future health at risk unless the pregnancy is
75	75	terminated;
76	76	(2) is pregnant with a fetus that has a severe or
77	77	usually lethal congenital anomaly;
78	78	(3) is pregnant with two or more fetuses and at least
79	79	one fetus poses a risk to the health of another fetus;
80	80	(4) has experienced, is experiencing, or is likely to
81	81	experience a miscarriage that places the female's current or future
82	82	health at risk unless the uterine contents are removed or the
83	83	pregnancy is terminated; or
84	84	(5) was impregnated as a result of conduct
85	85	constituting an offense under Section 22.011, 22.021, or 25.02,
86	86	Penal Code [believes a medical emergency exists that prevents
87	87	compliance with this subchapter].
88	88	(b) A physician who performs or induces an abortion under
89	89	circumstances described by Subsection (a) shall make written
90	90	notations in the pregnant woman's medical record of:
91	91	(1) the physician's belief that one or more of the
92	92	circumstances described by Subsection (a) [a medical emergency]
93	93	necessitated the abortion; and
94	94	(2) the specific circumstances [medical condition of
95	95	the pregnant woman] that prevented compliance with this subchapter.
96	96	SECTION 5. Section 171.206(b), Health and Safety Code, is
97	97	amended to read as follows:
98	98	(b) This subchapter may not be construed to:
99	99	(1) authorize the initiation of a cause of action
100	100	against or the prosecution of a woman on whom an abortion is
101	101	performed or induced or attempted to be performed or induced in
102	102	violation of this subchapter;
103	103	(2) wholly or partly repeal, either expressly or by
104	104	implication, any other statute that regulates or prohibits
105	105	abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or
106	106	(3) restrict a political subdivision from regulating
107	107	or prohibiting abortion in a manner that is at least as stringent as
108	108	the laws of this state.
109	109	SECTION 6. Section 171.207(b), Health and Safety Code, is
110	110	amended to read as follows:
111	111	(b) Subsection (a) may not be construed to:
112	112	(1) legalize the conduct prohibited by this subchapter
113	113	[or by Chapter 6-1/2, Title 71, Revised Statutes];
114	114	(2) limit in any way or affect the availability of a
115	115	remedy established by Section 171.208; or
116	116	(3) limit the enforceability of any other laws that
117	117	regulate or prohibit abortion.
118	118	SECTION 7. The following provisions are repealed:
119	119	(1) Section 170A.002(c), Health and Safety Code; and
120	120	(2) Chapter 6-1/2, Title 71, Revised Statutes.
121	121	SECTION 8. This Act takes effect September 1, 2025.