89S20290 MPF-D     By: Alvarado, et al. S.B. No. 42       A BILL TO BE ENTITLED   AN ACT   relating to exceptions to 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 the physician performing, inducing, or attempting the   abortion determines the abortion is necessary due to:                (1)  a lethal fetal anomaly or diagnosis; or                (2)  a life-limiting diagnosis indicating the   existence of a fetus outside a womb is incompatible with life   without extraordinary medical interventions.          SECTION 2.  Section 171.045, Health and Safety Code, is   amended to read as follows:          Sec. 171.045.  METHOD OF ABORTION. (a) This section applies   only to an abortion authorized under Section 171.046(a)(2)(A) or   (B) [171.046(a)(1) or (2)] in which:                (1)  the probable post-fertilization age of the unborn   child is 20 or more weeks; or                (2)  the probable post-fertilization age of the unborn   child has not been determined but could reasonably be 20 or more   weeks.          (b)  Except as otherwise provided by Section   171.046(a)(2)(C) [171.046(a)(3)], a physician performing an   abortion under Subsection (a) shall terminate the pregnancy in the   manner that, in the physician's reasonable medical judgment,   provides the best opportunity for the unborn child to survive.          SECTION 3.  Sections 171.046(a) and (b), Health and Safety   Code, as amended by S.B. 31, Acts of the 89th Legislature, Regular   Session, 2025, are amended to read as follows:          (a)  The prohibitions and requirements under Sections   171.043, 171.044, and 171.045(b) do not apply to an abortion   performed if, in the physician's reasonable medical judgment, the   abortion:                (1)  is necessary due to:                      (A)  a medical emergency;                      (B)  a lethal fetal anomaly or diagnosis; or                      (C)  a life-limiting diagnosis indicating the   existence of a fetus outside a womb is incompatible with life   without extraordinary medical interventions; and                (2)  necessitates, as applicable:                      (A) [(1)]  the immediate abortion of her   pregnancy without the delay necessary to determine the probable   post-fertilization age of the unborn child;                      (B) [(2)]  the abortion of her pregnancy even   though the post-fertilization age of the unborn child is 20 or more   weeks; or                      (C) [(3)]  the use of a method of abortion other   than a method described by Section 171.045(b).          (b)  A physician may not take an action authorized under   Subsection (a)(1)(A) [(a)] if the medical emergency arises from a   claim or diagnosis that the woman will engage in conduct that may   result in her death or in substantial and irreversible physical   impairment of a major bodily function.          SECTION 4.  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 5.  Section 245.016, Health and Safety Code, as   amended by S.B. 31, Acts of the 89th Legislature, Regular Session,   2025, is amended to read as follows:          Sec. 245.016.  ABORTION IN UNLICENSED ABORTION FACILITY TO   PREVENT DEATH OR SERIOUS IMPAIRMENT.  (a)  It is an exception to the   application of Section 245.014 that the abortion was performed in   an unlicensed abortion facility due to:                (1)  a medical emergency described by Section   170A.002(b)(2);                (2)  a lethal fetal anomaly or diagnosis; or                (3)  a life-limiting diagnosis indicating the   existence of a fetus outside a womb is incompatible with life   without extraordinary medical interventions.          (b)  In this section, the term "unlicensed abortion   facility" does not include an individual or entity to which funds   appropriated by the legislature in the general appropriations act   are prohibited from being distributed.          SECTION 6.  Section 164.052(d), Occupations Code, as added   by S.B. 31, Acts of the 89th Legislature, Regular Session, 2025, is   amended to read as follows:          (d)  This section may not be construed to prohibit, and the   board may not take action against a physician regarding, the   performance of an abortion in accordance with an exception provided   [response to a medical emergency described] by Section 170A.002   [170A.002(b)(2)], Health and Safety Code.          SECTION 7.  Section 165.152(e), Occupations Code, as added   by S.B. 31, Acts of the 89th Legislature, Regular Session, 2025, is   amended to read as follows:          (e)  It is an exception to the application of Subsection (a)   if the person is a physician who performs, induces, or attempts an   abortion due to:                (1)  a medical emergency described by Section   170A.002(b)(2), Health and Safety Code;                (2)  a lethal fetal anomaly or diagnosis; or                (3)  a life-limiting diagnosis indicating the   existence of a fetus outside a womb is incompatible with life   without extraordinary medical interventions.          SECTION 8.  Article 4512.6(a), Chapter 6-1/2, Title 71,   Vernon's Civil Statutes, as added by S.B. 31, Acts of the 89th   Legislature, Regular Session, 2025, is amended to read as follows:          (a)  It is an exception to the application of this chapter   that an abortion is procured, performed, or attempted due to:                (1)  a medical emergency;                (2)  a lethal fetal anomaly or diagnosis; or                (3)  a life-limiting diagnosis indicating the   existence of a fetus outside a womb is incompatible with life   without extraordinary medical interventions.          SECTION 9.  This Act takes effect on the 91st day after the   last day of the legislative session.