89R4802 JG-D     By: Goodwin H.B. No. 2251       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(b), Health and Safety Code, is   amended to read as follows:          (b)  The prohibition under Subsection (a) does not apply if:                (1)  the person performing, inducing, or attempting the   abortion is a licensed physician; and                (2)  in the exercise of reasonable medical judgment,   the pregnant female on whom the abortion is performed, induced, or   attempted:                      (A)  has a medical condition that places the   female's current or future health at risk unless the pregnancy is   terminated;                      (B)  is pregnant with a fetus that has a severe or   usually lethal congenital anomaly;                      (C)  is pregnant with two or more fetuses and at   least one fetus poses a risk to the health of another fetus;                      (D)  has experienced, is experiencing, or is   likely to experience a miscarriage that places the female's current   or future health at risk unless the uterine contents are removed or   the pregnancy is terminated; or                      (E)  was impregnated as a result of conduct   constituting an offense under Section 22.011, 22.021, or 25.02,   Penal Code [has a life-threatening physical condition aggravated   by, caused by, or arising from a pregnancy that places the female at   risk of death or poses a serious risk of substantial impairment of a   major bodily function unless the abortion is performed or induced;   and                [(3)  the person performs, induces, or attempts the   abortion in a manner that, in the exercise of reasonable medical   judgment, provides the best opportunity for the unborn child to   survive unless, in the reasonable medical judgment, that manner   would create:                      [(A)  a greater risk of the pregnant female's   death; or                      [(B)  a serious risk of substantial impairment of   a major bodily function of the pregnant female].          SECTION 2.  Section 170A.007, Health and Safety Code, is   amended to read as follows:          Sec. 170A.007.  DISCIPLINARY ACTION.  In addition to any   other penalty that may be imposed under this chapter, the   appropriate licensing authority shall revoke the license, permit,   registration, certificate, or other authority of a [physician or   other] health care professional who performs, induces, or attempts   an abortion in violation of Section 170A.002.          SECTION 3.  Chapter 170A, Health and Safety Code, is amended   by adding Section 170A.008 to read as follows:          Sec. 170A.008.  EXCEPTION TO CRIMINAL, CIVIL, AND   ADMINISTRATIVE PENALTIES; REFERRAL FOR CERTAIN DISCIPLINARY   ACTION. (a) Sections 170A.004, 170A.005, and 170A.007 do not apply   to a physician licensed in this state.          (b)  A physician licensed in this state who is alleged to   have performed, induced, or attempted an abortion in violation of   Section 170A.002 may be referred to the Texas Medical Board for:                (1)  investigation; and                (2)  appropriate disciplinary action if the board   determines the physician violated that section.          SECTION 4.  Sections 171.205(a) and (b), Health and Safety   Code, are amended to read as follows:          (a)  Sections 171.203 and 171.204 do not apply if a   physician, in the exercise of reasonable medical judgment,   determines the pregnant female on whom the abortion is performed,   induced, or attempted:                (1)  has a medical condition that places the female's   current or future health at risk unless the pregnancy is   terminated;                (2)  is pregnant with a fetus that has a severe or   usually lethal congenital anomaly;                (3)  is pregnant with two or more fetuses and at least   one fetus poses a risk to the health of another fetus;                (4)  has experienced, is experiencing, or is likely to   experience a miscarriage that places the female's current or future   health at risk unless the uterine contents are removed or the   pregnancy is terminated; or                (5)  was impregnated as a result of conduct   constituting an offense under Section 22.011, 22.021, or 25.02,   Penal Code [believes a medical emergency exists that prevents   compliance with this subchapter].          (b)  A physician who performs or induces an abortion under   circumstances described by Subsection (a) shall make written   notations in the pregnant woman's medical record of:                (1)  the physician's belief that one or more of the   circumstances described by Subsection (a) [a medical emergency]   necessitated the abortion; and                (2)  the specific circumstances [medical condition of   the pregnant woman] that prevented compliance with this subchapter.          SECTION 5.  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 6.  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 7.  The following provisions are repealed:                (1)  Section 170A.002(c), Health and Safety Code; and                (2)  Chapter 6-1/2, Title 71, Revised Statutes.          SECTION 8.  This Act takes effect September 1, 2025.