89S10212 JG-D     By: Alvarado, et al. S.B. No. 34       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 the pregnant patient indicates 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. This subsection may not be construed to require:                (1)  the pregnant patient to file a police or   investigative report;                (2)  the pregnant patient to provide forensic evidence;   or                (3)  prosecution of the alleged offense.          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 pregnant patient [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 on the 91st day after the   last day of the legislative session.