Texas 89th Legislature, Regular Session Status: Introduced

HB 44 — Relating to exceptions to otherwise prohibited abortions based on a physician's reasonable medical judgment.

Last action — Left pending in committee

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 89th Legislature, Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Relating to exceptions to otherwise prohibited abortions based on a physician's reasonable medical judgment.

Bill Text

We don't have the full text on file for this bill yet.

Read HB 44 on the official Texas source →

How this bill changes current law

13 changes Share ↗

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 11 section(s) of the Texas statutes: Section 74.551, Remedies Code, Section 170, Health and Safety Code, Section 171.002(3), Health and Safety Code, Section 171.046(a), Section 171.063(c), Health and Safety Code, Section 171.2011.

  • Section 74.551, Remedies Code

    An action to which Section 74.552 applies is for purposes of this chapter → A civil action brought against a physician or health care provider for a violation of a provision of Chapter 170, 170A, or 171, Health and Safety Code, or Chapter 6-1/2, Title 71, Vernon's Texas Civil Statutes, subject to an exception provided by the chapter alleged to have been violated or other law, This section does not affect a health care liability claim based on any other ground than a violation of Chapters 170, 170A, or 171, Health and Safety Code, or Chapter 6-1/2, Title 71, Vernon's Texas Civil Statutes.

    amended

  • Section 170, Health and Safety Code

    The prohibition under does not apply if : life-threatening ; and (3) the person performs, induces, or attempts the abortion in a manner that, in the exercise of reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in the reasonable medical judgment, that manner would create: (A) a greater risk of the pregnant female's death; or (B) a serious risk of substantial impairment of a major bodily function of the pregnant female. → It is an exception to the application of that ; and

    amended

  • Sec. 170A.0021. TREATMENT AFFECTING UNBORN CHILD; EXCEPTION. (a) Notwithstanding any other law, a physician who treats a condition described by Subsection 170A.002(b)(2) shall do so in a manner that, in the exercise of reasonable medical judgment, provides the best opportunity for survival of an unborn child. (b) It is an exception to the application of Subsection (a) that, in a physician's reasonable medical judgment, the manner of treatment required by that subsection would create a greater risk of: (1) the pregnant female's death; or (2) substantial impairment of a major bodily function of the pregnant female. (c) This chapter does not require a physician to delay, alter or withhold medical treatment provided to a pregnant female if doing so would create a greater risk of: (1) the pregnant female's death; or (2) substantial impairment of a major bodily function of the pregnant female. (d) Nothing in Subsection (c) authorizes the performance of an abortion that is prohibited by law. Sec. 170A.0022. REASONABLE MEDICAL JUDGMENT. Reasonable medical judgment in providing medical treatment to a pregnant female includes removing: (1) an ectopic pregnancy as defined by Section 245.002(4-a); and (2) a dead, unborn child whose death was caused by spontaneous abortion. Sec. 170A.0023. ACCIDENTAL OR UNINTENTIONAL DEATH. (a) This section applies to any law that provides an exception to an otherwise prohibited abortion based on a condition described by Section 170A.002(b)(2). (b) It is an exception to the application of each law described by Subsection (a) that the death or injury of an unborn child resulted from treatment provided to a pregnant female based on a physician's reasonable medical judgment if the death of or injury to the unborn child was accidental or unintentional.

    amended

  • Section 171.002(3), Health and Safety Code

    means a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed → means a condition described by Section 170A.002(b)(2)

    amended

  • Section 171.046(a)

    there exists a condition that so complicates the medical condition of the woman that, to avert the woman's death or a serious risk of substantial and irreversible physical impairment of a major bodily function, other than a psychological condition, it risk of death or a substantial and irreversible physical impairment of a major bodily function → the abortion is necessary due to a medical emergency and medical emergency

    amended

  • Section 171.063(c), Health and Safety Code

    intrauterine → as defined by Section 245.002(4-a)

    amended

  • Section 171.2011

    Sec.171.2011. APPLICABILITY. (a) This subchapter applies only to an abortion that is otherwise prohibited by law and that is not subject to an exception provided by law. (b) The following activities do not constitute aiding or abetting under this subchapter: (1) providing services by a physician or health care provider to a treating physician, or communication between a physician or health care provider and a treating physician, for the purposes of arriving at a reasonable medical judgment as required by an exception to an otherwise prohibited abortion; (2) communicating between a physician or health care provider and a patient, or providing services by a physician or health care provider to a patient, for the purpose of arriving at reasonable medical judgment as required by an exception to an otherwise prohibited abortion; (3) communicating between an attorney and a physician or health care provider related to an exception to an otherwise prohibited abortion; (4) communicating between a treating physician and any other person or providing services to a treating physician or patient relating to performing, inducing or attempting an abortion for which the treating physician has determined that, in reasonable medical judgment, an exception to an otherwise prohibited abortion is applicable; (5) providing products to a patient or treating physician relating to performing, inducing or attempting an abortion for which the treating physician has determined that, in reasonable medical judgment, an exception to an otherwise prohibited abortion is applicable.

    amended

  • Section 245.002(4-a)

    : (A) (B) in an abnormal location in the uterus causing the fertilized egg or embryo to be non-viable; or (C) in a scarred portion of the uterus

    amended

  • Section 245.016, Health and Safety Code

    This chapter does not remove the responsibility or limit the ability of a physician to perform an abortion in an unlicensed abortion facility if, at the commencement of the abortion, the physician reasonably believes that the abortion is necessary to prevent the death of the patient or to prevent serious impairment of the patient's physical health → It is an exception to the application of Section 245.014 that the abortion was performed in an unlicensed abortion facility due to a medical emergency described by Section 170A.002(b)(2) In this section, the term "unlicensed abortion facility" does not include an individual or entity to which funds appropriated by the legislature in the general appropriations act are prohibited from being distributed.

    amended

  • Section 164.052, Occupations Code

    (d) This section may not be construed to prohibit, and the board may not take action against a physician regarding, the performance of an abortion in response to a medical emergency described by Section 170A.002(b)(2), Health and Safety Code.

    amended

  • Section 164.055, Occupations Code

    74.552, Civil Practice and Remedies Code → 170A.002, Health and Safety Code

    amended

  • Section 165.152, Occupations Code

    (e) It is an exception to the application of Subsection (a) if the person is a physician who performs, induces, or attempts an abortion due to a medical emergency described by Section 170A.002(b)(2), Health and Safety Code.

    amended

  • BY ADVICE Nothing in this chapter applies to by medical advice for the purpose of saving the life of the mother → EXCEPTION FOR EMERGENCY (a) It is an exception to the application of this chapter that is , performed due to a medical emergency (b) In this article, "medical emergency" means a condition described by Section 170A.002(b)(2), Health and Safety Code.

    amended

Action History

  1. Left pending in committee

  2. Testimony taken/registration(s) recorded in committee

  3. Considered in public hearing

  4. Scheduled for public hearing on . . .

  5. Referred to Public Health

  6. Read first time

  7. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 60 co-sponsors · 123 not signed on

Sponsors (1)

Co-sponsors (60)

Not signed on (123)

123 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 44 do?
Relating to exceptions to otherwise prohibited abortions based on a physician's reasonable medical judgment.
Who sponsors HB 44?
HB 44 is sponsored by Lulu Flores, David Cook, Johnson, Hernandez, Charlie Geren, Lacey Hull, Angelia Orr, Alma Allen, Keith Bell, Diego Bernal, Salman Bhojani, Rhetta Bowers, John Bucy III, Liz Campos, Sheryl Cole, Philip Cortez, Drew Darby, Aicha Davis, Erin Gámez, Linda Garcia, Stan Gerdes, Vikki Goodwin, R. D. "Bobby" Guerra, Caroline Harris Davila, Cole Hefner, Venton Jones, Helen Kerwin, Marc LaHood, Stan Lambert, Jeff Leach, Janie Lopez, John McQueeney, Morgan Meyer, Thresa "Terry" Meza, Penny Morales Shaw, Eddie Morales, Candy Noble, Jared Patterson, Mary Ann Perez, Vincent Perez, Mihaela Plesa, Ron Reynolds, Lauren A. Simmons, David Spiller, James Talarico, Carl Tepper, Wilson, Ellen Troxclair, Chris Turner, Gary VanDeaver, Hubert Vo, Gene Wu, Erin Zwiener, Donna Howard, Brad Buckley, Cassandra Garcia Hernandez, Suleman Lalani, Joe Moody, Claudia Ordaz, Jon Rosenthal, and Ward Johnson.
What is the current status of HB 44?
This bill died with 89th Legislature, Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 44?
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