1 | 1 | | 89R15939 MPF-D |
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2 | 2 | | By: Cook, Alvarado S.B. No. 2727 |
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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 the regulation of abortion and related matters, |
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10 | 10 | | including infant supportive palliative care and exceptions to and |
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11 | 11 | | the repeal of certain laws prohibiting abortion. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Chapter 142A, Health and Safety Code, is amended |
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14 | 14 | | by adding Section 142A.0003 to read as follows: |
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15 | 15 | | Sec. 142A.0003. RULES AND MINIMUM STANDARDS FOR DELIVERY OF |
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16 | 16 | | CARE TO CERTAIN INFANTS. The executive commissioner by rule shall |
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17 | 17 | | prescribe minimum standards for the scope and delivery of |
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18 | 18 | | supportive palliative care to an infant born with a lethal fetal |
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19 | 19 | | anomaly or diagnosis. |
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20 | 20 | | SECTION 2. Section 170A.002, Health and Safety Code, is |
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21 | 21 | | amended by adding Subsection (b-1) to read as follows: |
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22 | 22 | | (b-1) It is an exception to the application of Subsection |
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23 | 23 | | (a) that the pregnant female's treating physician and one other |
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24 | 24 | | physician specializing in obstetrics and gynecology determine the |
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25 | 25 | | abortion is necessary due to a lethal fetal anomaly or diagnosis. |
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26 | 26 | | SECTION 3. Chapter 170A, Health and Safety Code, is amended |
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27 | 27 | | by adding Section 170A.0025 to read as follows: |
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28 | 28 | | Sec. 170A.0025. MULTIDISCIPLINARY ETHICS COMMITTEE REVIEW |
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29 | 29 | | OF CERTAIN ABORTIONS. (a) A multidisciplinary ethics committee |
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30 | 30 | | composed of members appointed in accordance with rules the Texas |
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31 | 31 | | Medical Board adopts shall review a physician's determination that |
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32 | 32 | | an abortion is necessary under Section 170A.002(b-1) for each fetus |
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33 | 33 | | older than 24 weeks of age. |
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34 | 34 | | (b) The treating physician and other physician who made the |
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35 | 35 | | determination described by Subsection (a) may not be a member of the |
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36 | 36 | | multidisciplinary ethics committee that reviews the determination. |
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37 | 37 | | SECTION 4. The heading to Section 171.205, Health and |
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38 | 38 | | Safety Code, is amended to read as follows: |
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39 | 39 | | Sec. 171.205. EXCEPTIONS [EXCEPTION FOR MEDICAL |
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40 | 40 | | EMERGENCY]; RECORDS; REVIEW. |
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41 | 41 | | SECTION 5. Section 171.205, Health and Safety Code, is |
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42 | 42 | | amended by adding Subsection (a-1) to read as follows: |
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43 | 43 | | (a-1) Sections 171.203 and 171.204 do not apply to an |
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44 | 44 | | abortion performed or induced by a physician in accordance with an |
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45 | 45 | | exception provided by Section 170A.002. |
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46 | 46 | | SECTION 6. Section 171.206(b), Health and Safety Code, is |
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47 | 47 | | amended to read as follows: |
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48 | 48 | | (b) This subchapter may not be construed to: |
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49 | 49 | | (1) authorize the initiation of a cause of action |
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50 | 50 | | against or the prosecution of a woman on whom an abortion is |
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51 | 51 | | performed or induced or attempted to be performed or induced in |
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52 | 52 | | violation of this subchapter; |
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53 | 53 | | (2) wholly or partly repeal, either expressly or by |
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54 | 54 | | implication, any other statute that regulates or prohibits |
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55 | 55 | | abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or |
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56 | 56 | | (3) restrict a political subdivision from regulating |
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57 | 57 | | or prohibiting abortion in a manner that is at least as stringent as |
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58 | 58 | | the laws of this state. |
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59 | 59 | | SECTION 7. Section 171.207(b), Health and Safety Code, is |
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60 | 60 | | amended to read as follows: |
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61 | 61 | | (b) Subsection (a) may not be construed to: |
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62 | 62 | | (1) legalize the conduct prohibited by this subchapter |
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63 | 63 | | [or by Chapter 6-1/2, Title 71, Revised Statutes]; |
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64 | 64 | | (2) limit in any way or affect the availability of a |
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65 | 65 | | remedy established by Section 171.208; or |
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66 | 66 | | (3) limit the enforceability of any other laws that |
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67 | 67 | | regulate or prohibit abortion. |
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68 | 68 | | SECTION 8. Chapter 6-1/2, Title 71, Revised Statutes, is |
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69 | 69 | | repealed. |
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70 | 70 | | SECTION 9. This Act takes effect September 1, 2025. |
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