Tex. Health & Safety Code § 170A.002 · Chapter 170A. PERFORMANCE OF ABORTION
PROHIBITED ABORTION; EXCEPTIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person may not knowingly perform, induce, or attempt an abortion.
(b) It is an exception to the application of Subsection (a) that:
(1) the person performing, inducing, or attempting the abortion is a licensed physician; and
(2) in the exercise of reasonable medical judgment, the pregnant female on whom the abortion is performed, induced, or attempted has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced.
(c) A physician may not take an action authorized under Subsection (b) if, at the time the abortion was performed, induced, or attempted, the person knew the risk of death or a substantial impairment of a major bodily function described by Subsection (b)(2) arose from a claim or diagnosis that the female would engage in conduct that might result in the female's death or in substantial impairment of a major bodily function.
(c-1) For purposes of Subsection (b)(2), if a pregnant woman has a life-threatening physical condition described by Subsection (b)(2), a physician may address a risk described by Subsection (b)(2) before the pregnant female suffers any effects of the risk. Subsection (b)(2) does not require that, before the physician may act:
(1) a risk described by Subsection (b)(2) be imminent;
(2) the pregnant female first suffer physical impairment; or
(3) the physical condition has caused damage to the pregnant female.
(c-2) For the purposes of Subsection (b)(2), "life-threatening" means capable of causing death or potentially fatal. A life-threatening physical condition is not necessarily one actively injuring the patient.
(d) Repealed by Acts 2025, 89th Leg., R.S., Ch. 758 (S.B. 31), Sec. 17(2), eff. June 20, 2025.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., R.S., Ch. 800 (H.B. 1280), Sec. 2, eff. August 25, 2022.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 758 (S.B. 31), Sec. 3, eff. June 20, 2025.
Acts 2025, 89th Leg., R.S., Ch. 758 (S.B. 31), Sec. 17(2), eff. June 20, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.170A.htm
- Text hash
- sha256 90e3131b50c9596f68295aef89a8307295533b0b33709bfbad11f2aa8504edf1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 11 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 170A.002. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 170A.0023ACCIDENTAL OR UNINTENTIONAL DEATH.Printed as Section 170A.002(b)(2)
- Tex. Health & Safety Code § 170A.004CRIMINAL OFFENSE.Printed as Section 170A.002
- Tex. Health & Safety Code § 170A.005CIVIL PENALTY.Printed as Section 170A.002
- Tex. Health & Safety Code § 170A.007DISCIPLINARY ACTION.Printed as Section 170A.002
- Tex. Health & Safety Code § 171.002DEFINITIONS.Printed as Section 170A.002(b)(2)
- Tex. Health & Safety Code § 171A.001DEFINITIONS.Printed as Section 170A.002(b)(2)
- Tex. Health & Safety Code § 245.016ABORTION IN UNLICENSED ABORTION FACILITY TO PREVENT DEATH OR SERIOUS IMPAIRMENT.Printed as Section 170A.002(b)(2)
Occupations Code
- Tex. Occ. Code § 164.052PROHIBITED PRACTICES BY PHYSICIAN OR LICENSE APPLICANT.Printed as Section 170A.002(b)(2), Health and Safety Code
- Tex. Occ. Code § 164.055PROHIBITED ACTS REGARDING ABORTION.Printed as Section 170A.002, Health and Safety Code
- Tex. Occ. Code § 165.152PRACTICING MEDICINE IN VIOLATION OF SUBTITLE.Printed as Section 170A.002(b)(2), Health and Safety Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.