Bill Text: TX SB79 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the repeal of certain laws prohibiting abortion and the construction of abortion laws imposing penalties or liability on pregnant individuals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB79 Detail]
Download: Texas-2023-SB79-Introduced.html
| 88R187 SCL-D | ||
| By: Johnson | S.B. No. 79 | |
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| relating to the repeal of certain laws prohibiting abortion and the | ||
| construction of abortion laws imposing penalties or liability on | ||
| pregnant individuals. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 311.036, Government Code, is amended by | ||
| adding Subsection (d) to read as follows: | ||
| (d) A statute that regulates or prohibits abortion may not | ||
| be construed to authorize the imposition or incurrence of criminal, | ||
| civil, or administrative penalties or liability on a pregnant | ||
| individual on whom an abortion is performed, induced, or attempted. | ||
| SECTION 2. 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 [ |
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| 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[ |
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| (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 3. 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 | ||
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| (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 4. Chapter 6-1/2, Title 71, Revised Statutes, is | ||
| repealed. | ||
| SECTION 5. 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 September 1, 2023. | ||
