Texas Health and Safety Code
§ 171.046 — EXCEPTIONS
HS § 171.046Title 2. HEALTH · Part H. PUBLIC HEALTH PROVISIONS · Ch. 171. ABORTION · Art. C. ABORTION PROHIBITED AT OR AFTER 20 WEEKS POST-FERTILIZATION
Statute text
View on source(a)The prohibitions and requirements under Sections 171.043, 171.044, and 171.045(b) do not apply to an abortion performed if, in the physician's reasonable medical judgment, the abortion is necessary due to a medical emergency and necessitates, as applicable:
(1)the immediate abortion of her pregnancy without the delay necessary to determine the probable post-fertilization age of the unborn child;
(2)the abortion of her pregnancy even though the post-fertilization age of the unborn child is 20 or more weeks; or
(3)the use of a method of abortion other than a method described by Section 171.045(b).
(b)A physician may not take an action authorized under Subsection (a) if the medical emergency arises from a claim or diagnosis that the woman will engage in conduct that may result in her death or in substantial and irreversible physical impairment of a major bodily function.
(c)The prohibitions and requirements under Sections 171.043, 171.044, and 171.045(b) do not apply to an abortion performed on an unborn child who has a severe fetal abnormality. Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013. Amended by:
Legislative history
Acts 2025, 89th Leg., R.S., Ch. 758 (S.B. 31), Sec. 6, eff. June 20, 2025.