The bill, S.B. No. 42, amends various sections of the Health and Safety Code in Texas to establish exceptions to existing laws prohibiting abortion. Specifically, it introduces a new exception under Section 170A.002(b-1) that allows for abortions if a physician determines they are necessary due to a lethal fetal anomaly or a life-limiting diagnosis indicating that the fetus cannot survive outside the womb without extraordinary medical interventions. Additionally, the bill modifies Section 171.045 to clarify that certain prohibitions do not apply to abortions performed under these circumstances, and it adds similar exceptions in other relevant sections, including those concerning unlicensed abortion facilities and the actions of physicians.

The bill also includes several deletions and modifications to existing legal language to align with the new exceptions. For instance, it removes previous references to specific conditions under which abortions could be performed and replaces them with broader criteria that encompass medical emergencies and severe fetal conditions. The changes aim to provide clearer guidelines for healthcare providers regarding when abortions may be legally performed, thereby ensuring that patients facing dire medical situations have access to necessary care. The act is set to take effect 91 days after the conclusion of the legislative session.

Statutes affected:
Introduced: Health and Safety Code 171.045, Health and Safety Code 171.205 (Health and Safety Code 171)