89R5369 JG-D
By: Menéndez S.B. No. 1682
A BILL TO BE ENTITLED
AN ACT
relating to exceptions to and the repeal of certain laws
prohibiting abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 170A.002, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) It is an exception to the application of Subsection
(a) that:
(1) in the exercise of reasonable medical judgment, a
physician determines the abortion is necessary to prevent future
infertility of the pregnant individual or because the pregnancy is
not viable; or
(2) the pregnancy resulted from sexual assault in
violation of Section 22.011, Penal Code, aggravated sexual assault
in violation of Section 22.021, Penal Code, or conduct constituting
an offense under Section 25.02, Penal Code.
SECTION 2. The heading to Section 171.205, Health and
Safety Code, is amended to read as follows:
Sec. 171.205. EXCEPTIONS [EXCEPTION FOR MEDICAL
EMERGENCY]; RECORDS.
SECTION 3. Section 171.205, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) Sections 171.203 and 171.204 do not apply to an
abortion performed or induced by a person in accordance with an
exception provided by Section 170A.002.
SECTION 4. Section 171.206(b), Health and Safety Code, is
amended to read as follows:
(b) This subchapter may not be construed to:
(1) authorize the initiation of a cause of action
against or the prosecution of a woman on whom an abortion is
performed or induced or attempted to be performed or induced in
violation of this subchapter;
(2) wholly or partly repeal, either expressly or by
implication, any other statute that regulates or prohibits
abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or
(3) restrict a political subdivision from regulating
or prohibiting abortion in a manner that is at least as stringent as
the laws of this state.
SECTION 5. Section 171.207(b), Health and Safety Code, is
amended to read as follows:
(b) Subsection (a) may not be construed to:
(1) legalize the conduct prohibited by this subchapter
[or by Chapter 6-1/2, Title 71, Revised Statutes];
(2) limit in any way or affect the availability of a
remedy established by Section 171.208; or
(3) limit the enforceability of any other laws that
regulate or prohibit abortion.
SECTION 6. Chapter 6-1/2, Title 71, Revised Statutes, is
repealed.
SECTION 7. This Act takes effect September 1, 2025.