| 1 | 1 | | 89R5252 JG-D |
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| 2 | 2 | | By: Howard H.B. No. 395 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to exceptions to and the repeal of certain laws |
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| 10 | 10 | | prohibiting abortion. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 170A.002, Health and Safety Code, is |
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| 13 | 13 | | amended by adding Subsection (b-1) to read as follows: |
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| 14 | 14 | | (b-1) It is an exception to the application of Subsection |
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| 15 | 15 | | (a) that the pregnant patient indicates the pregnancy resulted from |
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| 16 | 16 | | sexual assault in violation of Section 22.011, Penal Code, |
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| 17 | 17 | | aggravated sexual assault in violation of Section 22.021, Penal |
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| 18 | 18 | | Code, or conduct constituting an offense under Section 25.02, Penal |
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| 19 | 19 | | Code. This subsection may not be construed to require: |
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| 20 | 20 | | (1) the pregnant patient to file a police or |
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| 21 | 21 | | investigative report; |
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| 22 | 22 | | (2) the pregnant patient to provide forensic evidence; |
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| 23 | 23 | | or |
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| 24 | 24 | | (3) prosecution of the alleged offense. |
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| 25 | 25 | | SECTION 2. The heading to Section 171.205, Health and |
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| 26 | 26 | | Safety Code, is amended to read as follows: |
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| 27 | 27 | | Sec. 171.205. EXCEPTIONS [EXCEPTION FOR MEDICAL |
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| 28 | 28 | | EMERGENCY]; RECORDS. |
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| 29 | 29 | | SECTION 3. Section 171.205, Health and Safety Code, is |
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| 30 | 30 | | amended by adding Subsection (a-1) to read as follows: |
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| 31 | 31 | | (a-1) Sections 171.203 and 171.204 do not apply to an |
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| 32 | 32 | | abortion performed or induced by a person in accordance with an |
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| 33 | 33 | | exception provided by Section 170A.002. |
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| 34 | 34 | | SECTION 4. Section 171.206(b), Health and Safety Code, is |
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| 35 | 35 | | amended to read as follows: |
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| 36 | 36 | | (b) This subchapter may not be construed to: |
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| 37 | 37 | | (1) authorize the initiation of a cause of action |
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| 38 | 38 | | against or the prosecution of a pregnant patient [woman] on whom an |
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| 39 | 39 | | abortion is performed or induced or attempted to be performed or |
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| 40 | 40 | | induced in violation of this subchapter; |
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| 41 | 41 | | (2) wholly or partly repeal, either expressly or by |
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| 42 | 42 | | implication, any other statute that regulates or prohibits |
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| 43 | 43 | | abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or |
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| 44 | 44 | | (3) restrict a political subdivision from regulating |
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| 45 | 45 | | or prohibiting abortion in a manner that is at least as stringent as |
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| 46 | 46 | | the laws of this state. |
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| 47 | 47 | | SECTION 5. Section 171.207(b), Health and Safety Code, is |
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| 48 | 48 | | amended to read as follows: |
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| 49 | 49 | | (b) Subsection (a) may not be construed to: |
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| 50 | 50 | | (1) legalize the conduct prohibited by this subchapter |
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| 51 | 51 | | [or by Chapter 6-1/2, Title 71, Revised Statutes]; |
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| 52 | 52 | | (2) limit in any way or affect the availability of a |
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| 53 | 53 | | remedy established by Section 171.208; or |
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| 54 | 54 | | (3) limit the enforceability of any other laws that |
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| 55 | 55 | | regulate or prohibit abortion. |
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| 56 | 56 | | SECTION 6. Chapter 6-1/2, Title 71, Revised Statutes, is |
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| 57 | 57 | | repealed. |
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| 58 | 58 | | SECTION 7. This Act takes effect immediately if it receives |
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| 59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 62 | | Act takes effect September 1, 2025. |
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