Texas 2025 - 89th Regular

Texas Senate Bill SB1521 Compare Versions

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

Old	New	Differences
1	1	89R13357 JG-D
2	2	By: Johnson S.B. No. 1521
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of abortion and related matters,
10	10	including the repeal of certain abortion laws, a deposition request
11	11	before filing certain civil actions, and municipal or county
12	12	authority to prohibit movement.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 20, Civil Practice and Remedies Code, is
15	15	amended by adding Section 20.003 to read as follows:
16	16	Sec. 20.003. DEPOSITION REQUEST BEFORE FILING ACTION. (a)
17	17	Subject to Subsection (b), a person may petition a court for an
18	18	order authorizing the conduct of a deposition on oral examination
19	19	or written questions to:
20	20	(1) perpetuate or obtain the person's own testimony or
21	21	another person's testimony for use in an anticipated action; or
22	22	(2) investigate a potential claim or action.
23	23	(b) A person may not petition the court for a deposition
24	24	described by Subsection (a) if the person has not sustained or will
25	25	not reasonably expect to sustain actual damages in the person's
26	26	anticipated or potential claim or action.
27	27	(c) A person who files a petition in violation of this
28	28	section is liable to each person attempted to be deposed in the
29	29	petition for that person's attorney's fees incurred in defending
30	30	against the petition.
31	31	(d) Notwithstanding Section 22.004, Government Code, this
32	32	section may not be modified or repealed by a rule adopted by the
33	33	supreme court.
34	34	SECTION 2. The heading to Section 151.002, Family Code, is
35	35	amended to read as follows:
36	36	Sec. 151.002. RIGHTS OF A LIVING CHILD AFTER AN ABORTION OR
37	37	PREMATURE BIRTH[; CIVIL PENALTY; CRIMINAL OFFENSE].
38	38	SECTION 3. Section 311.036, Government Code, is amended by
39	39	adding Subsection (d) to read as follows:
40	40	(d) A statute regulating or prohibiting abortion may not be
41	41	construed to authorize the imposition or incurrence of criminal,
42	42	civil, or administrative penalties or liability on a pregnant
43	43	individual on whom an abortion is performed, induced, or attempted.
44	44	SECTION 4. Section 170.002(c), Health and Safety Code, is
45	45	amended to read as follows:
46	46	(c) A physician who performs an abortion that, according to
47	47	the physician's best medical judgment at the time of the abortion,
48	48	is to abort a viable unborn child during the third trimester of the
49	49	pregnancy shall certify in writing to the commission, on a form
50	50	prescribed by the commission, the medical indications supporting
51	51	the physician's judgment that the abortion was authorized by
52	52	Subsection (b)(2) or (3). [If the physician certifies the abortion
53	53	was authorized by Subsection (b)(3), the physician shall certify in
54	54	writing on the form the fetal abnormality identified by the
55	55	physician.] The certification must be made not later than the 30th
56	56	day after the date the abortion was performed.
57	57	SECTION 5. Subchapter A, Chapter 171, Health and Safety
58	58	Code, is amended by adding Section 171.009 to read as follows:
59	59	Sec. 171.009. TRAVEL ASSISTANCE TO OBTAIN ABORTION OUTSIDE
60	60	STATE. Notwithstanding any other law, a person may provide to an
61	61	individual direct or indirect assistance for traveling outside of
62	62	this state to obtain an abortion.
63	63	SECTION 6. Section 171.061, Health and Safety Code, is
64	64	amended by adding Subdivision (3) and amending Subdivision (8-a) to
65	65	read as follows:
66	66	(3) "Final printed label" means the informational
67	67	document the United States Food and Drug Administration approves
68	68	for an abortion-inducing drug that:
69	69	(A) outlines the protocol authorized by that
70	70	agency and agreed to by the drug company applying for authorization
71	71	of the drug by that agency; and
72	72	(B) delineates the manner in which a drug is to be
73	73	used according to approval by that agency.
74	74	(8-a) "Provide" means, as used with regard to
75	75	abortion-inducing drugs, any act of giving, selling, dispensing,
76	76	administering, [transferring possession,] or otherwise providing
77	77	or prescribing an abortion-inducing drug.
78	78	SECTION 7. Subchapter D, Chapter 171, Health and Safety
79	79	Code, is amended by adding Section 171.0611 to read as follows:
80	80	Sec. 171.0611. EFFECT OF OTHER LAWS; LOCAL REGULATION. (a)
81	81	Notwithstanding any other law, a physician may provide an
82	82	abortion-inducing drug to a pregnant individual in accordance with
83	83	this subchapter. To the extent a provision of this subchapter
84	84	conflicts with any other law, this subchapter controls.
85	85	(b) A political subdivision may not adopt or enforce an
86	86	ordinance, order, or other measure that conflicts with this
87	87	section.
88	88	SECTION 8. Section 171.063, Health and Safety Code, is
89	89	amended by amending Subsections (a), (c), and (e) and adding
90	90	Subsection (b) to read as follows:
91	91	(a) A person may not knowingly provide an abortion-inducing
92	92	drug to a pregnant woman for the purpose of inducing an abortion in
93	93	the pregnant woman or enabling another person to induce an abortion
94	94	in the pregnant woman unless:
95	95	(1) the person who provides the abortion-inducing drug
96	96	is a physician; and
97	97	(2) except as otherwise provided by Subsection (b),
98	98	the provision of the abortion-inducing drug satisfies the protocol
99	99	tested and authorized by the United States Food and Drug
100	100	Administration as outlined in the final printed label of the
101	101	abortion-inducing drug [this subchapter].
102	102	(b) A person may provide the abortion-inducing drug in the
103	103	dosage amount the clinical management guidelines prescribe in the
104	104	American College of Obstetricians and Gynecologists Practice
105	105	Bulletin as those guidelines existed on January 1, 2013.
106	106	(c) Before the physician provides an abortion-inducing
107	107	drug, the physician must:
108	108	(1) examine the pregnant woman [in person]; and
109	109	(2) [independently verify that a pregnancy exists;
110	110	[(3)] document, in the woman's medical record, the
111	111	gestational age and intrauterine location of the pregnancy [to
112	112	determine whether an ectopic pregnancy exists;
113	113	[(4) determine the pregnant woman's blood type, and
114	114	for a woman who is Rh negative, offer to administer Rh
115	115	immunoglobulin (RhoGAM) at the time the abortion-inducing drug is
116	116	administered or used or the abortion is performed or induced to
117	117	prevent Rh incompatibility, complications, or miscarriage in
118	118	future pregnancies;
119	119	[(5) document whether the pregnant woman received
120	120	treatment for Rh negativity, as diagnosed by the most accurate
121	121	standard of medical care; and
122	122	[(6) ensure the physician does not provide an
123	123	abortion-inducing drug for a pregnant woman whose pregnancy is more
124	124	than 49 days of gestational age].
125	125	(e) A physician who provides the abortion-inducing drug, or
126	126	the physician's agent, must schedule a follow-up visit for the
127	127	woman to occur not later than the 14th day after the administration
128	128	[earliest date on which the abortion-inducing drug is administered]
129	129	or use of the abortion-inducing drug [used or the abortion is
130	130	performed or induced]. At the follow-up visit, the physician must:
131	131	(1) confirm that the woman's pregnancy is completely
132	132	terminated; and
133	133	(2) assess any continued blood loss.
134	134	SECTION 9. Section 171.206(b), Health and Safety Code, is
135	135	amended to read as follows:
136	136	(b) This subchapter may not be construed to:
137	137	(1) authorize the initiation of a cause of action
138	138	against or the prosecution of a woman on whom an abortion is
139	139	performed or induced or attempted to be performed or induced in
140	140	violation of this subchapter;
141	141	(2) wholly or partly repeal, either expressly or by
142	142	implication, any other statute that regulates or prohibits
143	143	abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or
144	144	(3) restrict a political subdivision from regulating
145	145	or prohibiting abortion in a manner that is at least as stringent as
146	146	the laws of this state.
147	147	SECTION 10. Section 171.207(b), Health and Safety Code, is
148	148	amended to read as follows:
149	149	(b) Subsection (a) may not be construed to:
150	150	(1) legalize the conduct prohibited by this subchapter
151	151	[or by Chapter 6-1/2, Title 71, Revised Statutes];
152	152	(2) limit in any way or affect the availability of a
153	153	remedy established by Section 171.208; or
154	154	(3) limit the enforceability of any other laws that
155	155	regulate or prohibit abortion.
156	156	SECTION 11. Section 171.208, Health and Safety Code, is
157	157	amended by adding Subsection (a-1) to read as follows:
158	158	(a-1) A civil action under Subsection (a)(2) or (3) may not
159	159	be brought against a person for providing or intending to provide to
160	160	an individual direct or indirect assistance for traveling outside
161	161	of this state to obtain an abortion.
162	162	SECTION 12. Title 14, Local Government Code, is amended by
163	163	adding Subtitle C to read as follows:
164	164	SUBTITLE C. TRANSPORTATION PROVISIONS APPLYING TO MORE THAN ONE
165	165	TYPE OF LOCAL GOVERNMENT
166	166	CHAPTER 651. TRAVEL PROHIBITIONS
167	167	Sec. 651.001. TRAVEL PROHIBITIONS. A municipality or
168	168	county may not adopt or enforce an ordinance, order, or other
169	169	measure that prohibits the travel of a person through the
170	170	municipality or county based on any purpose for the travel.
171	171	SECTION 13. The following provisions are repealed:
172	172	(1) Subchapter L, Chapter 74, Civil Practice and
173	173	Remedies Code;
174	174	(2) Sections 151.002(c), (d), (e), (f), and (g),
175	175	Family Code;
176	176	(3) Section 2273.005, Government Code;
177	177	(4) Chapter 170A, Health and Safety Code;
178	178	(5) Section 171.006, Health and Safety Code, as added
179	179	by Chapter 4 (H.B. 13), Acts of the 85th Legislature, First Called
180	180	Session, 2017;
181	181	(6) Section 171.006, Health and Safety Code, as added
182	182	by Chapter 9 (H.B. 215), Acts of the 85th Legislature, First Called
183	183	Session, 2017;
184	184	(7) Section 171.061(2-a), Health and Safety Code;
185	185	(8) Section 171.063(b-1), Health and Safety Code;
186	186	(9) Section 171.0631, Health and Safety Code;
187	187	(10) Section 171.0632, Health and Safety Code;
188	188	(11) Section 171.065, Health and Safety Code;
189	189	(12) Section 171.066, Health and Safety Code;
190	190	(13) Chapter 1218, Insurance Code;
191	191	(14) Subtitle M, Title 8, Insurance Code;
192	192	(15) Section 9.35, Penal Code; and
193	193	(16) Chapter 6-1/2, Title 71, Revised Statutes.
194	194	SECTION 14. The changes in law made by this Act apply only
195	195	to an abortion performed or induced on or after the effective date
196	196	of this Act. An abortion performed or induced before the effective
197	197	date of this Act is governed by the law applicable to the abortion
198	198	immediately before the effective date of this Act, and that law is
199	199	continued in effect for that purpose.
200	200	SECTION 15. (a) Except as otherwise provided by this
201	201	section, the changes in law made by this Act apply only to an
202	202	offense committed on or after the effective date of this Act. An
203	203	offense committed before the effective date of this Act is governed
204	204	by the law in effect on the date the offense was committed, and the
205	205	former law is continued in effect for that purpose. For purposes of
206	206	this section, an offense was committed before the effective date of
207	207	this Act if any element of the offense occurred before that date.
208	208	(b) An offense under Section 171.065, Health and Safety
209	209	Code, as repealed by this Act, or Chapter 6-1/2, Title 71, Revised
210	210	Statutes, as repealed by this Act, may not be prosecuted after the
211	211	effective date of this Act. If on the effective date of this Act a
212	212	criminal action is pending for an offense under one of those
213	213	provisions, the action is dismissed on that date. However, a final
214	214	conviction for an offense under those provisions that exists on the
215	215	effective date of this Act is unaffected by this Act.
216	216	SECTION 16. This Act takes effect September 1, 2025.