Texas 2025 - 89th Regular

Texas House Bill HB3410 Compare Versions

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

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1	1	By: Rodríguez Ramos H.B. No. 3410
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the regulation of abortion and related matters and to
9	9	the repeal of certain laws prohibiting abortion.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 311, Government Code, is
12	12	amended by adding Section 311.037 to read as follows:
13	13	Sec. 311.037. CONSTRUCTION OF ABORTION STATUTES. (a) A
14	14	statute regulating or prohibiting abortion may not be construed to:
15	15	(1) prohibit a person from providing direct or
16	16	indirect assistance to an individual for traveling to any location
17	17	to obtain an abortion; or
18	18	(2) authorize the imposition or incurrence of
19	19	criminal, civil, or administrative penalties or liability on a
20	20	pregnant individual on whom an abortion is performed, induced, or
21	21	attempted.
22	22	(b) A statute regulating or prohibiting abortion:
23	23	(1) applies only to a fertilized egg or embryo
24	24	implanted in a uterus at any point; and
25	25	(2) does not apply to the death of an unborn child
26	26	resulting from an involuntary miscarriage following in vitro
27	27	fertilization or similar assisted reproductive technology
28	28	treatments and procedures.
29	29	SECTION 2. Section 171.005, Health and Safety Code, is
30	30	amended to read as follows:
31	31	Sec. 171.005. COMMISSION TO ENFORCE[; EXCEPTION]. The
32	32	commission shall enforce this chapter [except for Subchapter H,
33	33	which shall be enforced exclusively through the private civil
34	34	enforcement actions described by Section 171.208 and may not be
35	35	enforced by the commission].
36	36	SECTION 3. Section 171.063(c), Health and Safety Code, is
37	37	amended to read as follows:
38	38	(c) Before the physician provides an abortion-inducing
39	39	drug, the physician must:
40	40	(1) examine the pregnant woman in person;
41	41	(2) independently verify that a pregnancy exists;
42	42	(3) document, in the woman's medical record, the
43	43	gestational age and intrauterine location of the pregnancy to
44	44	determine whether an ectopic pregnancy exists;
45	45	(4) determine the pregnant woman's blood type, and for
46	46	a woman who is Rh negative, offer to administer Rh immunoglobulin
47	47	(RhoGAM) at the time the abortion-inducing drug is administered or
48	48	used or the abortion is performed or induced to prevent Rh
49	49	incompatibility, complications, or miscarriage in future
50	50	pregnancies;
51	51	(5) document whether the pregnant woman received
52	52	treatment for Rh negativity, as diagnosed by the most accurate
53	53	standard of medical care; and
54	54	(6) ensure the physician does not provide an
55	55	abortion-inducing drug for a pregnant woman whose pregnancy is more
56	56	than 70 [49] days of gestational age.
57	57	SECTION 4. Section 245.010(a), Health and Safety Code, is
58	58	amended to read as follows:
59	59	(a) The rules must contain minimum standards to protect the
60	60	health and safety of a patient of an abortion facility [and must
61	61	contain provisions requiring compliance with the requirements of
62	62	Subchapter B, Chapter 171]. [On and after September 1, 2014, the
63	63	minimum standards for an abortion facility must be equivalent to
64	64	the minimum standards adopted under Section 243.010 for ambulatory
65	65	surgical centers.]
66	66	SECTION 5. Section 245.011(c), Health and Safety Code, is
67	67	amended to read as follows:
68	68	(c) The report must include:
69	69	(1) whether the abortion facility at which the
70	70	abortion is performed is licensed under this chapter;
71	71	(2) the patient's year of birth, race, marital status,
72	72	and state and county of residence;
73	73	(3) the type of abortion procedure;
74	74	(4) the date the abortion was performed;
75	75	(5) whether the patient survived the abortion, and if
76	76	the patient did not survive, the cause of death;
77	77	(6) the probable post-fertilization age of the unborn
78	78	child based on the best medical judgment of the attending physician
79	79	at the time of the procedure;
80	80	(7) the date, if known, of the patient's last menstrual
81	81	cycle;
82	82	(8) the number of previous live births of the patient;
83	83	and
84	84	(9) the number of previous induced abortions of the
85	85	patient[;
86	86	[(10) whether the abortion was performed or induced
87	87	because of a medical emergency and any medical condition of the
88	88	pregnant woman that required the abortion; and
89	89	[(11) the information required under Sections
90	90	171.008(a) and (c)].
91	91	SECTION 6. Title 14, Local Government Code, is amended by
92	92	adding Subtitle C to read as follows:
93	93	SUBTITLE C. TRANSPORTATION PROVISIONS APPLYING TO MORE THAN ONE
94	94	TYPE OF LOCAL GOVERNMENT
95	95	CHAPTER 651. TRAVEL PROHIBITIONS
96	96	Sec. 651.001. TRAVEL PROHIBITIONS. A municipality or
97	97	county may not adopt or enforce an ordinance, order, or other
98	98	measure that prohibits the travel of a person through the
99	99	municipality or county for the purpose of obtaining an abortion.
100	100	SECTION 7. Section 164.052(a), Occupations Code, is amended
101	101	to read as follows:
102	102	(a) A physician or an applicant for a license to practice
103	103	medicine commits a prohibited practice if that person:
104	104	(1) submits to the board a false or misleading
105	105	statement, document, or certificate in an application for a
106	106	license;
107	107	(2) presents to the board a license, certificate, or
108	108	diploma that was illegally or fraudulently obtained;
109	109	(3) commits fraud or deception in taking or passing an
110	110	examination;
111	111	(4) uses alcohol or drugs in an intemperate manner
112	112	that, in the board's opinion, could endanger a patient's life;
113	113	(5) commits unprofessional or dishonorable conduct
114	114	that is likely to deceive or defraud the public, as provided by
115	115	Section 164.053, or injure the public;
116	116	(6) uses an advertising statement that is false,
117	117	misleading, or deceptive;
118	118	(7) advertises professional superiority or the
119	119	performance of professional service in a superior manner if that
120	120	advertising is not readily subject to verification;
121	121	(8) purchases, sells, barters, or uses, or offers to
122	122	purchase, sell, barter, or use, a medical degree, license,
123	123	certificate, or diploma, or a transcript of a license, certificate,
124	124	or diploma in or incident to an application to the board for a
125	125	license to practice medicine;
126	126	(9) alters, with fraudulent intent, a medical license,
127	127	certificate, or diploma, or a transcript of a medical license,
128	128	certificate, or diploma;
129	129	(10) uses a medical license, certificate, or diploma,
130	130	or a transcript of a medical license, certificate, or diploma that
131	131	has been:
132	132	(A) fraudulently purchased or issued;
133	133	(B) counterfeited; or
134	134	(C) materially altered;
135	135	(11) impersonates or acts as proxy for another person
136	136	in an examination required by this subtitle for a medical license;
137	137	(12) engages in conduct that subverts or attempts to
138	138	subvert an examination process required by this subtitle for a
139	139	medical license;
140	140	(13) impersonates a physician or permits another to
141	141	use the person's license or certificate to practice medicine in
142	142	this state;
143	143	(14) directly or indirectly employs a person whose
144	144	license to practice medicine has been suspended, canceled, or
145	145	revoked;
146	146	(15) associates in the practice of medicine with a
147	147	person:
148	148	(A) whose license to practice medicine has been
149	149	suspended, canceled, or revoked; or
150	150	(B) who has been convicted of the unlawful
151	151	practice of medicine in this state or elsewhere;
152	152	(16) performs or procures a criminal abortion, aids or
153	153	abets in the procuring of a criminal abortion, attempts to perform
154	154	or procure a criminal abortion, or attempts to aid or abet the
155	155	performance or procurement of a criminal abortion;
156	156	(17) directly or indirectly aids or abets the practice
157	157	of medicine by a person, partnership, association, or corporation
158	158	that is not licensed to practice medicine by the board;
159	159	(18) performs an abortion on a woman who is pregnant
160	160	with a viable unborn child during the third trimester of the
161	161	pregnancy unless:
162	162	(A) the abortion is necessary to prevent the
163	163	death of the woman;
164	164	(B) the viable unborn child has a severe,
165	165	irreversible brain impairment; or
166	166	(C) the woman is diagnosed with a significant
167	167	likelihood of suffering imminent severe, irreversible brain damage
168	168	or imminent severe, irreversible paralysis;
169	169	(19) performs an abortion on an unemancipated minor
170	170	without the written consent of the child's parent, managing
171	171	conservator, or legal guardian or without a court order, as
172	172	provided by Section 33.003 or 33.004, Family Code, unless the
173	173	abortion is necessary due to a medical emergency, as defined by
174	174	Section 171.002, Health and Safety Code;
175	175	(20) otherwise performs an abortion on an
176	176	unemancipated minor in violation of Chapter 33, Family Code;
177	177	(21) performs or induces or attempts to perform or
178	178	induce an abortion in violation of Subchapter [C,] F[,] or G,
179	179	Chapter 171, Health and Safety Code;
180	180	(22) in complying with the procedures outlined in
181	181	Sections 166.045 and 166.046, Health and Safety Code, wilfully
182	182	fails to make a reasonable effort to transfer a patient to a
183	183	physician who is willing to comply with a directive;
184	184	(23) performs or delegates to another individual the
185	185	performance of a pelvic examination on an anesthetized or
186	186	unconscious patient in violation of Section 167A.002, Health and
187	187	Safety Code; or
188	188	(24) performs a gender transitioning or gender
189	189	reassignment procedure or treatment in violation of Section
190	190	161.702, Health and Safety Code.
191	191	SECTION 8. Section 164.055(b), Occupations Code, is amended
192	192	to read as follows:
193	193	(b) The sanctions provided by Subsection (a) are in addition
194	194	to any other grounds for refusal to admit persons to examination
195	195	under this subtitle or to issue a license or renew a license to
196	196	practice medicine under this subtitle. The criminal penalties
197	197	provided by Section 165.152 do not apply to a violation of Section
198	198	170.002, Health and Safety Code, or Subchapter [C,] F[,] or G,
199	199	Chapter 171, Health and Safety Code.
200	200	SECTION 9. The following provisions are repealed:
201	201	(1) Sections 30.022, 74.551, and 74.552, Civil
202	202	Practice and Remedies Code;
203	203	(2) Section 311.036, Government Code;
204	204	(3) Chapter 170A, Health and Safety Code;
205	205	(4) Section 171.0031, Health and Safety Code;
206	206	(5) Section 171.008, Health and Safety Code;
207	207	(6) Subchapter C, Chapter 171, Health and Safety Code;
208	208	(7) Subchapter H, Chapter 171, Health and Safety Code;
209	209	(8) Section 164.055(c), Occupations Code;
210	210	(9) Section 9.35, Penal Code; and
211	211	(10) Chapter 6-1/2, Title 71, Revised Statutes.
212	212	SECTION 10. Section 311.037(b), Government Code, as added
213	213	by this Act, is intended to clarify rather than change existing law.
214	214	SECTION 11. This Act takes effect September 1, 2025.