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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of certain laws prohibiting abortion and the |
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construction of abortion laws imposing penalties or liability on |
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pregnant individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 311.036, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A statute that regulates or prohibits abortion may not |
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be construed to authorize the imposition or incurrence of criminal, |
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civil, or administrative penalties or liability on a pregnant |
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individual on whom an abortion is performed, induced, or attempted. |
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SECTION 2. Section 171.206(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) This subchapter may not be construed to: |
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(1) authorize the initiation of a cause of action |
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against or the prosecution of a pregnant individual [woman] on whom |
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an abortion is performed or induced or attempted to be performed or |
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induced in violation of this subchapter; |
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(2) wholly or partly repeal, either expressly or by |
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implication, any other statute that regulates or prohibits |
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abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or |
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(3) restrict a political subdivision from regulating |
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or prohibiting abortion in a manner that is at least as stringent as |
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the laws of this state. |
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SECTION 3. Section 171.207(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Subsection (a) may not be construed to: |
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(1) legalize the conduct prohibited by this subchapter |
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[or by Chapter 6-1/2, Title 71, Revised Statutes]; |
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(2) limit in any way or affect the availability of a |
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remedy established by Section 171.208; or |
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(3) limit the enforceability of any other laws that |
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regulate or prohibit abortion. |
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SECTION 4. Chapter 6-1/2, Title 71, Revised Statutes, is |
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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, 2023. |
Introduced: Government Code 311.036, Health and Safety Code 171.206, Health and Safety Code 171.207 (Government Code 311, Health and Safety Code 171)