Bill Text: TX HB819 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the repeal of laws prohibiting abortion.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-01 - Referred to State Affairs [HB819 Detail]

Download: Texas-2023-HB819-Introduced.html
 
 
  By: Talarico H.B. No. 819
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the repeal of laws prohibiting abortion.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 individual [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 2.  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 3.  The following laws are repealed:
               (1)  Chapter 170A, Health and Safety Code;
               (2)  Subchapter H, Health and Safety Code;
               (3)  Sec.30.022, Civil Practice and Remedies Code;
               (4)  Section 311.036, Government Code; and
               (5)  Chapter 6-1/2, Title 71, Revised Statutes.
         SECTION 4.  This Act takes effect January 1, 2024, but only
  if the constitutional amendment proposed by the 88th Legislature,
  Regular Session, 2023, limiting the legislature's ability to
  prohibit abortion is approved by the voters.  If that amendment is
  not approved by the voters, this Act has no effect.
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