The bill, H.B. No. 395, proposes amendments to the Texas Health and Safety Code regarding exceptions to existing abortion laws. It introduces a new exception in Section 170A.002, allowing for abortions if the pregnant patient indicates that the pregnancy resulted from sexual assault or aggravated sexual assault, without requiring them to file a police report, provide forensic evidence, or pursue prosecution. Additionally, the heading of Section 171.205 is changed to "EXCEPTIONS" from "EXCEPTION FOR MEDICAL EMERGENCY," and a new subsection (a-1) is added to clarify that certain sections do not apply to abortions performed under the exceptions provided by Section 170A.002.
The bill also makes several amendments to existing sections, including clarifying that the subchapter does not authorize legal action against a pregnant patient for abortions performed in violation of the subchapter. It repeals Chapter 6-1/2 of Title 71, which previously regulated abortion, and ensures that the new provisions do not limit the enforceability of other abortion-related laws. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that vote is not achieved.
Statutes affected: Introduced: Health and Safety Code 171.205, Health and Safety Code 171.206, Health and Safety Code 171.207 (Health and Safety Code 171)