The bill, S.B. No. 256, proposes amendments to the Texas Health and Safety Code regarding the laws prohibiting abortion. It redefines the term "pregnant" to refer to the condition of having an embryo or fetus develop within the human body. The bill introduces several exceptions to the prohibition on abortion, allowing it when performed by a licensed physician if it is medically indicated, necessary to preserve the pregnant patient's life or health, or requested due to a lethal fetal anomaly or life-limiting diagnosis. Additionally, it clarifies that medical treatment resulting in the accidental injury or death of the embryo or fetus does not constitute a violation of the law.
The bill also emphasizes that each abortion permitted under the exceptions must be considered independently by the treating physician and the patient or their health care proxy, and that a medical review process cannot override their decision. It explicitly states that the chapter does not authorize any criminal or civil liability against the pregnant patient for undergoing an abortion. Furthermore, it repeals certain existing provisions and clarifies that the new exceptions do not apply to previously established regulations. 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)