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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of abortion procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 170.002(b) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(b) Subsection (a) does not prohibit a person from |
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performing an abortion if at the time of the abortion the person is |
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a physician and concludes in good faith according to the |
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physician's best medical judgment that: |
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(1) the fetus is not a viable fetus and the pregnancy |
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is not in the third trimester; or |
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(2) the abortion is necessary to prevent the death or a |
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substantial risk of serious impairment to the physical or mental |
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health of the woman[; or
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[(3)
the fetus has a severe and irreversible
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abnormality, identified by reliable diagnostic procedures]. |
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(c) A physician who performs an abortion that, according to |
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the physician's best medical judgment at the time of the abortion, |
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is to abort a viable unborn child during the third trimester of the |
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pregnancy shall certify in writing to the department, on a form |
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prescribed by the department, the medical indications supporting |
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the physician's judgment that the abortion was authorized by |
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Subsection (b)(2) [or (3)]. The certification must be made not |
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later than the 30th day after the date the abortion was performed. |
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SECTION 2. Section 171.042, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.042. DEFINITION [DEFINITIONS]. In this |
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subchapter, [:
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[(1)] "post-fertilization [Post-fertilization] age" |
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means the age of the unborn child as calculated from the fusion of a |
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human spermatozoon with a human ovum. |
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[(2)
"Severe fetal abnormality" has the meaning
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assigned by Section 285.202.] |
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SECTION 3. Section 285.202(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) In this section, "medical emergency" means[:
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[(1)] a condition exists that, in a physician's good |
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faith clinical judgment, complicates the medical condition of the |
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pregnant woman and necessitates the immediate abortion of her |
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pregnancy to avert her death or to avoid a serious risk of |
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substantial impairment of a major bodily function[; or
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[(2) the fetus has a severe fetal abnormality]. |
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SECTION 4. Sections 171.046(c) and 285.202(a-1), Health and |
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Safety Code, are repealed. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |