HB1220 - Relating to exceptions to laws prohibiting abortion.

  89R2361 JG-D     By: Plesa H.B. No. 1220       A BILL TO BE ENTITLED   AN ACT   relating to exceptions to laws prohibiting abortion.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 170.002, Health and   Safety Code, is amended to read as follows:          Sec. 170.002.  PROHIBITED ACTS; EXEMPTIONS [ EXEMPTION ].          SECTION 2.  Section 170.002, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsection (b-1) to   read as follows:          (a)  Except as provided by Subsections [ Subsection ] (b) and   (b-1) , a person may not intentionally or knowingly perform an   abortion on a woman who is pregnant with a viable unborn child   during the third trimester of the pregnancy.           (b-1)     Subsection (a) does not prohibit a physician from   performing an abortion if:                 (1)     the pregnant woman is 35 years of age or older or   has a high-risk condition, as determined by the physician; or                 (2)     the pregnancy resulted from in vitro   fertilization.          SECTION 3.  Section 170A.002, Health and Safety Code, is   amended by adding Subsection (b-1) to read as follows:           (b-1)     The prohibition under Subsection (a) does not apply   if:                 (1)     the pregnant woman is 35 years of age or older or   has a high-risk condition, as determined by a physician; or                 (2)     the pregnancy resulted from in vitro   fertilization.          SECTION 4.  Section 171.046, Health and Safety Code, is   amended by adding Subsection (d) to read as follows:           (d)     The prohibitions and requirements under Sections   171.043, 171.044, and 171.045(b) do not apply to an abortion   performed if:                 (1)     the pregnant woman is 35 years of age or older or   has a high-risk condition, as determined by a physician; or                 (2)     the pregnancy resulted from in vitro   fertilization.          SECTION 5.  Section 171.063, Health and Safety Code, is   amended by adding Subsection (c-1) to read as follows:           (c-1)     The restriction on the provision of an   abortion-inducing drug under Subsection (c)(6) does not apply if:                 (1)  either:                       (A)     the pregnant woman is 35 years of age or older   or has a high-risk condition, as determined by the physician; or                       (B)     the pregnancy resulted from in vitro   fertilization; and                 (2)     based on the physician's reasonable medical   judgment and the gestational age of the pregnancy, the provision of   the abortion-inducing drug will be effective and does not pose a   risk to the pregnant woman.          SECTION 6.  The heading to Section 171.102, Health and   Safety Code, is amended to read as follows:          Sec. 171.102.  PARTIAL-BIRTH ABORTIONS PROHIBITED ;   EXCEPTIONS .          SECTION 7.  Section 171.102, Health and Safety Code, is   amended by adding Subsection (c) to read as follows:           (c)     Subsection (a) does not apply to a physician who   performs a partial-birth abortion if:                 (1)     the pregnant woman is 35 years of age or older or   has a high-risk condition, as determined by the physician; or                 (2)     the pregnancy resulted from in vitro   fertilization.          SECTION 8.  The heading to Section 171.152, Health and   Safety Code, is amended to read as follows:          Sec. 171.152.  DISMEMBERMENT ABORTIONS PROHIBITED ;   EXCEPTIONS .          SECTION 9.  Section 171.152(a), Health and Safety Code, is   amended to read as follows:          (a)  A person may not intentionally perform a dismemberment   abortion unless :                 (1)   the dismemberment abortion is necessary in a   medical emergency ;                 (2)     the pregnant woman is 35 years of age or older or   has a high-risk condition, as determined by a physician; or                 (3)     the pregnancy resulted from in vitro   fertilization .          SECTION 10.  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 11.  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 physician if:                 (1)     the pregnant woman is 35 years of age or older or   has a high-risk condition, as determined by the physician; or                 (2)     the pregnancy resulted from in vitro   fertilization.          SECTION 12.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2025.