Texas 2025 - 89th Regular

Texas House Bill HB257 Compare Versions

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

Old	New	Differences
1	1	89R5238 JG-D
2	2	By: Howard H.B. No. 257
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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.001(3), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(3) "Pregnant" means the [female] human reproductive
15	15	condition of having an embryo or fetus develop [a living unborn
16	16	child] within the human [female's] body [during the entire
17	17	embryonic and fetal stages of the unborn child's development from
18	18	fertilization until birth].
19	19	SECTION 2. Section 170A.002, Health and Safety Code, is
20	20	amended by amending Subsections (b) and (d) and adding Subsection
21	21	(e) to read as follows:
22	22	(b) It is an exception to the application of [The
23	23	prohibition under] Subsection (a) that [does not apply if]:
24	24	(1) the person performing, inducing, or attempting the
25	25	abortion is a licensed physician; and
26	26	(2) in the physician's best [exercise of reasonable]
27	27	medical judgment, the [pregnant female on whom the] abortion is:
28	28	(A) medically indicated;
29	29	(B) necessary to preserve the pregnant patient's
30	30	life;
31	31	(C) necessary to preserve the pregnant patient's
32	32	physical or mental health, including preservation of the patient's
33	33	fertility;
34	34	(D) requested because of a lethal fetal anomaly
35	35	or diagnosis; or
36	36	(E) requested because of a life-limiting
37	37	diagnosis that indicates the existence of the fetus outside the
38	38	womb is incompatible with life without extraordinary medical
39	39	interventions [performed, induced, or attempted has a
40	40	life-threatening physical condition aggravated by, caused by, or
41	41	arising from a pregnancy that places the female at risk of death or
42	42	poses a serious risk of substantial impairment of a major bodily
43	43	function unless the abortion is performed or induced; and
44	44	[(3) the person performs, induces, or attempts the
45	45	abortion in a manner that, in the exercise of reasonable medical
46	46	judgment, provides the best opportunity for the unborn child to
47	47	survive unless, in the reasonable medical judgment, that manner
48	48	would create:
49	49	[(A) a greater risk of the pregnant female's
50	50	death; or
51	51	[(B) a serious risk of substantial impairment of
52	52	a major bodily function of the pregnant female].
53	53	(d) Medical treatment provided to the pregnant patient
54	54	[female] by a licensed health care provider [physician] that
55	55	results in the accidental or unintentional injury or death of the
56	56	embryo or fetus [unborn child] does not constitute a violation of
57	57	this section.
58	58	(e) Each abortion permitted under an exception provided by
59	59	this section must be considered independently by the treating
60	60	physician and the pregnant patient or the patient's health care
61	61	proxy. A medical review process may not override a determination by
62	62	a physician and a pregnant patient or the patient's health care
63	63	proxy to perform, induce, or attempt an abortion permitted under an
64	64	exception provided by this section.
65	65	SECTION 3. Section 170A.003, Health and Safety Code, is
66	66	amended to read as follows:
67	67	Sec. 170A.003. CONSTRUCTION OF CHAPTER. This chapter may
68	68	not be construed to authorize the imposition of criminal, civil, or
69	69	administrative liability or penalties on a pregnant patient
70	70	[female] on whom an abortion is performed, induced, or attempted.
71	71	SECTION 4. The heading to Section 171.205, Health and
72	72	Safety Code, is amended to read as follows:
73	73	Sec. 171.205. EXCEPTIONS [EXCEPTION FOR MEDICAL
74	74	EMERGENCY]; RECORDS.
75	75	SECTION 5. Section 171.205, Health and Safety Code, is
76	76	amended by adding Subsection (a-1) to read as follows:
77	77	(a-1) Sections 171.203 and 171.204 do not apply to an
78	78	abortion performed or induced by a person in accordance with an
79	79	exception provided by Section 170A.002.
80	80	SECTION 6. Section 171.206(b), Health and Safety Code, is
81	81	amended to read as follows:
82	82	(b) This subchapter may not be construed to:
83	83	(1) authorize the initiation of a cause of action
84	84	against or the prosecution of a pregnant patient [woman] on whom an
85	85	abortion is performed or induced or attempted to be performed or
86	86	induced in violation of this subchapter;
87	87	(2) wholly or partly repeal, either expressly or by
88	88	implication, any other statute that regulates or prohibits
89	89	abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or
90	90	(3) restrict a political subdivision from regulating
91	91	or prohibiting abortion in a manner that is at least as stringent as
92	92	the laws of this state.
93	93	SECTION 7. Section 171.207(b), Health and Safety Code, is
94	94	amended to read as follows:
95	95	(b) Subsection (a) may not be construed to:
96	96	(1) legalize the conduct prohibited by this subchapter
97	97	[or by Chapter 6-1/2, Title 71, Revised Statutes];
98	98	(2) limit in any way or affect the availability of a
99	99	remedy established by Section 171.208; or
100	100	(3) limit the enforceability of any other laws that
101	101	regulate or prohibit abortion.
102	102	SECTION 8. The following provisions are repealed:
103	103	(1) Sections 170A.001(2) and 170A.002(c), Health and
104	104	Safety Code; and
105	105	(2) Chapter 6-1/2, Title 71, Revised Statutes.
106	106	SECTION 9. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2025.