Texas 2025 - 89th Regular

Texas House Bill HB2651 Compare Versions

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

Old	New	Differences
1	1	89R11985 JG-D
2	2	By: Plesa H.B. No. 2651
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an exemption from abortion restrictions for
10	10	unemancipated minors and the repeal of provisions regarding notice
11	11	and consent to those abortions.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
14	14	amended by adding Chapter 171A to read as follows:
15	15	CHAPTER 171A. EXEMPTION FROM ABORTION RESTRICTIONS FOR
16	16	UNEMANCIPATED MINORS
17	17	Sec. 171A.001. DEFINITION. In this chapter, "unemancipated
18	18	minor" includes a minor who:
19	19	(1) is unmarried; and
20	20	(2) has not had the disabilities of minority removed
21	21	under Chapter 31, Family Code.
22	22	Sec. 171A.002. EXEMPTION FROM ABORTION RESTRICTIONS. (a)
23	23	Notwithstanding any other law, including Chapter 32, Family Code, a
24	24	physician may perform or induce an abortion otherwise prohibited
25	25	under state law on an unemancipated minor who consents to the
26	26	abortion without obtaining parental consent or judicial approval to
27	27	perform or induce the abortion.
28	28	(b) The restriction on the provision of an
29	29	abortion-inducing drug under Section 171.063(c)(6) does not apply
30	30	to the provision of the drug to an unemancipated minor if, based on
31	31	the physician's reasonable medical judgment and the gestational age
32	32	of the pregnancy, the drug will be effective and does not pose a
33	33	risk to the minor.
34	34	Sec. 171A.003. LIMITATION ON LIABILITY. Notwithstanding
35	35	any other law, a physician who performs or induces an abortion on an
36	36	unemancipated minor as authorized under this chapter is not subject
37	37	to civil or criminal liability or disciplinary action for
38	38	performing or inducing the abortion.
39	39	SECTION 2. Section 32.003(a), Family Code, is amended to
40	40	read as follows:
41	41	(a) A child may consent to medical, dental, psychological,
42	42	and surgical treatment for the child by a licensed physician or
43	43	dentist if the child:
44	44	(1) is on active duty with the armed services of the
45	45	United States of America;
46	46	(2) is:
47	47	(A) 16 years of age or older and resides separate
48	48	and apart from the child's parents, managing conservator, or
49	49	guardian, with or without the consent of the parents, managing
50	50	conservator, or guardian and regardless of the duration of the
51	51	residence; and
52	52	(B) managing the child's own financial affairs,
53	53	regardless of the source of the income;
54	54	(3) consents to the diagnosis and treatment of an
55	55	infectious, contagious, or communicable disease that is required by
56	56	law or a rule to be reported by the licensed physician or dentist to
57	57	a local health officer or the Texas Department of Health, including
58	58	all diseases within the scope of Section 81.041, Health and Safety
59	59	Code;
60	60	(4) is unmarried and pregnant and consents to
61	61	hospital, medical, or surgical treatment[, other than abortion,]
62	62	related to the pregnancy;
63	63	(5) consents to examination and treatment for drug or
64	64	chemical addiction, drug or chemical dependency, or any other
65	65	condition directly related to drug or chemical use;
66	66	(6) is unmarried, is the parent of a child, and has
67	67	actual custody of his or her child and consents to medical, dental,
68	68	psychological, or surgical treatment for the child; or
69	69	(7) is serving a term of confinement in a facility
70	70	operated by or under contract with the Texas Department of Criminal
71	71	Justice[, unless the treatment would constitute a prohibited
72	72	practice under Section 164.052(a)(19), Occupations Code].
73	73	SECTION 3. Section 266.010(a), Family Code, is amended to
74	74	read as follows:
75	75	(a) A foster child who is at least 16 years of age may
76	76	consent to the provision of medical care[, except as provided by
77	77	Chapter 33,] if the court with continuing jurisdiction determines
78	78	that the child has the capacity to consent to medical care. If the
79	79	child provides consent by signing a consent form, the form must be
80	80	written in language the child can understand.
81	81	SECTION 4. Section 501.065, Government Code, is amended to
82	82	read as follows:
83	83	Sec. 501.065. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL,
84	84	AND SURGICAL TREATMENT. An inmate who is younger than 18 years of
85	85	age and is confined in a facility operated by or under contract with
86	86	the department may, in accordance with procedures established by
87	87	the department, consent to medical, dental, psychological, and
88	88	surgical treatment for the inmate by a licensed health care
89	89	practitioner, or a person under the direction of a licensed health
90	90	care practitioner[, unless the treatment would constitute a
91	91	prohibited practice under Section 164.052(a)(19), Occupations
92	92	Code].
93	93	SECTION 5. Section 171.012(a), Health and Safety Code, is
94	94	amended to read as follows:
95	95	(a) Consent to an abortion is voluntary and informed only
96	96	if:
97	97	(1) the physician who is to perform or induce the
98	98	abortion informs the pregnant woman on whom the abortion is to be
99	99	performed or induced of:
100	100	(A) the physician's name;
101	101	(B) the particular medical risks associated with
102	102	the particular abortion procedure to be employed, including, when
103	103	medically accurate:
104	104	(i) the risks of infection and hemorrhage;
105	105	(ii) the potential danger to a subsequent
106	106	pregnancy and of infertility; and
107	107	(iii) the possibility of increased risk of
108	108	breast cancer following an induced abortion and the natural
109	109	protective effect of a completed pregnancy in avoiding breast
110	110	cancer;
111	111	(C) the probable gestational age of the unborn
112	112	child at the time the abortion is to be performed or induced; and
113	113	(D) the medical risks associated with carrying
114	114	the child to term;
115	115	(2) the physician who is to perform or induce the
116	116	abortion or the physician's agent informs the pregnant woman that:
117	117	(A) medical assistance benefits may be available
118	118	for prenatal care, childbirth, and neonatal care;
119	119	(B) the father is liable for assistance in the
120	120	support of the child without regard to whether the father has
121	121	offered to pay for the abortion; and
122	122	(C) public and private agencies provide
123	123	pregnancy prevention counseling and medical referrals for
124	124	obtaining pregnancy prevention medications or devices, including
125	125	emergency contraception for victims of rape or incest;
126	126	(3) the physician who is to perform or induce the
127	127	abortion or the physician's agent:
128	128	(A) provides the pregnant woman with the printed
129	129	materials described by Section 171.014; and
130	130	(B) informs the pregnant woman that those
131	131	materials:
132	132	(i) have been provided by the commission;
133	133	(ii) are accessible on an Internet website
134	134	sponsored by the commission;
135	135	(iii) describe the unborn child and list
136	136	agencies that offer alternatives to abortion; and
137	137	(iv) include a list of agencies that offer
138	138	sonogram services at no cost to the pregnant woman;
139	139	(4) before any sedative or anesthesia is administered
140	140	to the pregnant woman and at least 24 hours before the abortion or
141	141	at least two hours before the abortion if the pregnant woman waives
142	142	this requirement by certifying that she currently lives 100 miles
143	143	or more from the nearest abortion provider that is a facility
144	144	licensed under Chapter 245 or a facility that performs more than 50
145	145	abortions in any 12-month period:
146	146	(A) the physician who is to perform or induce the
147	147	abortion or an agent of the physician who is also a sonographer
148	148	certified by a national registry of medical sonographers performs a
149	149	sonogram on the pregnant woman on whom the abortion is to be
150	150	performed or induced;
151	151	(B) the physician who is to perform or induce the
152	152	abortion displays the sonogram images in a quality consistent with
153	153	current medical practice in a manner that the pregnant woman may
154	154	view them;
155	155	(C) the physician who is to perform or induce the
156	156	abortion provides, in a manner understandable to a layperson, a
157	157	verbal explanation of the results of the sonogram images, including
158	158	a medical description of the dimensions of the embryo or fetus, the
159	159	presence of cardiac activity, and the presence of external members
160	160	and internal organs; and
161	161	(D) the physician who is to perform or induce the
162	162	abortion or an agent of the physician who is also a sonographer
163	163	certified by a national registry of medical sonographers makes
164	164	audible the heart auscultation for the pregnant woman to hear, if
165	165	present, in a quality consistent with current medical practice and
166	166	provides, in a manner understandable to a layperson, a simultaneous
167	167	verbal explanation of the heart auscultation;
168	168	(5) before receiving a sonogram under Subdivision
169	169	(4)(A) and before the abortion is performed or induced and before
170	170	any sedative or anesthesia is administered, the pregnant woman
171	171	completes and certifies with her signature an election form that
172	172	states as follows:
173	173	"ABORTION AND SONOGRAM ELECTION
174	174	(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY
175	175	SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN
176	176	PROVIDED AND EXPLAINED TO ME.
177	177	(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN
178	178	ABORTION.
179	179	(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR
180	180	TO RECEIVING AN ABORTION.
181	181	(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE
182	182	SONOGRAM IMAGES.
183	183	(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE
184	184	HEARTBEAT.
185	185	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN
186	186	EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO
187	187	ONE OF THE FOLLOWING:
188	188	___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT,
189	189	INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN
190	190	REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN
191	191	REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT
192	192	RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
193	193	[___ I AM A MINOR AND OBTAINING AN ABORTION IN
194	194	ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS
195	195	FAMILY CODE.]
196	196	___ MY UNBORN CHILD HAS AN IRREVERSIBLE MEDICAL
197	197	CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC
198	198	PROCEDURES AND DOCUMENTED IN MY MEDICAL FILE.
199	199	(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND
200	200	WITHOUT COERCION.
201	201	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE
202	202	NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER
203	203	245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE
204	204	THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
205	205	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR
206	206	MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED
207	207	UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS
208	208	IN ANY 12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS
209	209	AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE ABORTION
210	210	PROCEDURE. MY PLACE OF RESIDENCE IS:__________.
211	211	____________________ ____________________
212	212	SIGNATURE DATE";
213	213	(6) before the abortion is performed or induced, the
214	214	physician who is to perform or induce the abortion receives a copy
215	215	of the signed, written certification required by Subdivision (5);
216	216	and
217	217	(7) the pregnant woman is provided the name of each
218	218	person who provides or explains the information required under this
219	219	subsection.
220	220	SECTION 6. Section 171.0122(d), Health and Safety Code, is
221	221	amended to read as follows:
222	222	(d) A pregnant woman may choose not to receive the verbal
223	223	explanation of the results of the sonogram images under Section
224	224	171.012(a)(4)(C) if:
225	225	(1) the woman's pregnancy is a result of a sexual
226	226	assault, incest, or other violation of the Penal Code that has been
227	227	reported to law enforcement authorities or that has not been
228	228	reported because she has a reason that she declines to reveal
229	229	because she reasonably believes that to do so would put her at risk
230	230	of retaliation resulting in serious bodily injury; or
231	231	(2) [the woman is a minor and obtaining an abortion in
232	232	accordance with judicial bypass procedures under Chapter 33, Family
233	233	Code; or
234	234	[(3)] the fetus has an irreversible medical condition
235	235	or abnormality, as previously identified by reliable diagnostic
236	236	procedures and documented in the woman's medical file.
237	237	SECTION 7. Section 245.006(a), Health and Safety Code, is
238	238	amended to read as follows:
239	239	(a) The department shall inspect an abortion facility at
240	240	random, unannounced, and reasonable times as necessary to ensure
241	241	compliance with this chapter and [,] Subchapter B, Chapter 171[,
242	242	and Chapter 33, Family Code].
243	243	SECTION 8. Section 164.052(a), Occupations Code, is amended
244	244	to read as follows:
245	245	(a) A physician or an applicant for a license to practice
246	246	medicine commits a prohibited practice if that person:
247	247	(1) submits to the board a false or misleading
248	248	statement, document, or certificate in an application for a
249	249	license;
250	250	(2) presents to the board a license, certificate, or
251	251	diploma that was illegally or fraudulently obtained;
252	252	(3) commits fraud or deception in taking or passing an
253	253	examination;
254	254	(4) uses alcohol or drugs in an intemperate manner
255	255	that, in the board's opinion, could endanger a patient's life;
256	256	(5) commits unprofessional or dishonorable conduct
257	257	that is likely to deceive or defraud the public, as provided by
258	258	Section 164.053, or injure the public;
259	259	(6) uses an advertising statement that is false,
260	260	misleading, or deceptive;
261	261	(7) advertises professional superiority or the
262	262	performance of professional service in a superior manner if that
263	263	advertising is not readily subject to verification;
264	264	(8) purchases, sells, barters, or uses, or offers to
265	265	purchase, sell, barter, or use, a medical degree, license,
266	266	certificate, or diploma, or a transcript of a license, certificate,
267	267	or diploma in or incident to an application to the board for a
268	268	license to practice medicine;
269	269	(9) alters, with fraudulent intent, a medical license,
270	270	certificate, or diploma, or a transcript of a medical license,
271	271	certificate, or diploma;
272	272	(10) uses a medical license, certificate, or diploma,
273	273	or a transcript of a medical license, certificate, or diploma that
274	274	has been:
275	275	(A) fraudulently purchased or issued;
276	276	(B) counterfeited; or
277	277	(C) materially altered;
278	278	(11) impersonates or acts as proxy for another person
279	279	in an examination required by this subtitle for a medical license;
280	280	(12) engages in conduct that subverts or attempts to
281	281	subvert an examination process required by this subtitle for a
282	282	medical license;
283	283	(13) impersonates a physician or permits another to
284	284	use the person's license or certificate to practice medicine in
285	285	this state;
286	286	(14) directly or indirectly employs a person whose
287	287	license to practice medicine has been suspended, canceled, or
288	288	revoked;
289	289	(15) associates in the practice of medicine with a
290	290	person:
291	291	(A) whose license to practice medicine has been
292	292	suspended, canceled, or revoked; or
293	293	(B) who has been convicted of the unlawful
294	294	practice of medicine in this state or elsewhere;
295	295	(16) performs or procures a criminal abortion, aids or
296	296	abets in the procuring of a criminal abortion, attempts to perform
297	297	or procure a criminal abortion, or attempts to aid or abet the
298	298	performance or procurement of a criminal abortion;
299	299	(17) directly or indirectly aids or abets the practice
300	300	of medicine by a person, partnership, association, or corporation
301	301	that is not licensed to practice medicine by the board;
302	302	(18) performs an abortion on a woman who is pregnant
303	303	with a viable unborn child during the third trimester of the
304	304	pregnancy unless:
305	305	(A) the abortion is necessary to prevent the
306	306	death of the woman;
307	307	(B) the viable unborn child has a severe,
308	308	irreversible brain impairment; or
309	309	(C) the woman is diagnosed with a significant
310	310	likelihood of suffering imminent severe, irreversible brain damage
311	311	or imminent severe, irreversible paralysis;
312	312	(19) [performs an abortion on an unemancipated minor
313	313	without the written consent of the child's parent, managing
314	314	conservator, or legal guardian or without a court order, as
315	315	provided by Section 33.003 or 33.004, Family Code, unless the
316	316	abortion is necessary due to a medical emergency, as defined by
317	317	Section 171.002, Health and Safety Code;
318	318	[(20) otherwise performs an abortion on an
319	319	unemancipated minor in violation of Chapter 33, Family Code;
320	320	[(21)] performs or induces or attempts to perform or
321	321	induce an abortion in violation of Subchapter C, F, or G, Chapter
322	322	171, Health and Safety Code;
323	323	(20) [(22)] in complying with the procedures outlined
324	324	in Sections 166.045 and 166.046, Health and Safety Code, wilfully
325	325	fails to make a reasonable effort to transfer a patient to a
326	326	physician who is willing to comply with a directive;
327	327	(21) [(23)] performs or delegates to another
328	328	individual the performance of a pelvic examination on an
329	329	anesthetized or unconscious patient in violation of Section
330	330	167A.002, Health and Safety Code; or
331	331	(22) [(24)] performs a gender transitioning or gender
332	332	reassignment procedure or treatment in violation of Section
333	333	161.702, Health and Safety Code.
334	334	SECTION 9. The following provisions are repealed:
335	335	(1) Chapter 33, Family Code;
336	336	(2) Section 171.006, Health and Safety Code, as added
337	337	by Chapter 9 (H.B. 215), Acts of the 85th Legislature, 1st Called
338	338	Session, 2017; and
339	339	(3) Section 171.017, Health and Safety Code.
340	340	SECTION 10. The change in law made by this Act applies only
341	341	to an abortion performed on or after the effective date of this Act.
342	342	An abortion performed before the effective date of this Act is
343	343	governed by the law in effect on the date the abortion was
344	344	performed, and the former law is continued in effect for that
345	345	purpose.
346	346	SECTION 11. The change in law made by this Act by the repeal
347	347	of Section 33.006, Family Code, does not apply to a cause of action
348	348	that accrued before the effective date of this Act. A cause of
349	349	action that accrued before the effective date of this Act is
350	350	governed by the law in effect on the date the cause of action
351	351	accrued, and the former law is continued in effect for that purpose.
352	352	SECTION 12. This Act takes effect September 1, 2025.