Bill Text: TX SB44 | 2021 | 87th Legislature 3rd Special Session | Introduced


Bill Title: Relating to sexual assault and incest exceptions to the prohibition on abortion after the detection of a fetal heartbeat.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2021-09-28 - Filed [SB44 Detail]

Download: Texas-2021-SB44-Introduced.html
  87S30152 SCL-D
 
  By: Menéndez, et al. S.B. No. 44
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to sexual assault and incest exceptions to the prohibition
  on abortion after the detection of a fetal heartbeat.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 2.  Section 171.205, Health and Safety Code, is
  amended by adding Subsections (a-1) and (b-1) and amending
  Subsection (c) to read as follows:
         (a-1)  Sections 171.203 and 171.204 do not apply to an
  abortion of a pregnancy that is a result of a sexual assault in
  violation of Section 22.011 or 22.021, Penal Code, or of conduct
  constituting an offense under Section 25.02, Penal Code.
         (b-1)  A physician who performs or induces an abortion
  described by Subsection (a-1) shall make a written notation of the
  exception in the pregnant woman's medical file.
         (c)  A physician performing or inducing an abortion under
  this section shall maintain in the physician's practice records a
  copy of the notations made under Subsection (b) or (b-1), as
  applicable.
         SECTION 3.  Section 171.205, Health and Safety Code, as
  amended by this Act, applies only to an abortion performed or
  induced on or after the effective date of this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.
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