Title HS, Health and Safety Code

Sec. 171.105. HEARING. (a) A physician who is the subject of a criminal or civil action for a violation of Section 171.102 may request a hearing before the Texas Medical Board on whether the physician's conduct was necessary to save the life of a mother whose life was endangered …

Sec. 171.106. APPLICABILITY. A woman on whom a partial-birth abortion is performed or attempted in violation of this subchapter may not be prosecuted under this subchapter or for conspiracy to commit a violation of this subchapter. Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.…

Sec. 171.151. DEFINITION. In this subchapter, "dismemberment abortion" means an abortion in which a person, with the purpose of causing the death of an unborn child, dismembers the living unborn child and extracts the unborn child one piece at a time from the uterus through the u…

Sec. 171.152. DISMEMBERMENT ABORTIONS PROHIBITED. (a) A person may not intentionally perform a dismemberment abortion unless the dismemberment abortion is necessary in a medical emergency. (b) A woman on whom a dismemberment abortion is performed, an employee or agent acting unde…

Sec. 171.153. CRIMINAL PENALTY. (a) A person who violates Section 171.152 commits an offense. (b) An offense under this section is a state jail felony. Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 6, eff. September 1, 2017.

Sec. 171.154. CONSTRUCTION OF SUBCHAPTER. (a) This subchapter shall be construed, as a matter of state law, to be enforceable to the maximum possible extent consistent with but not further than federal constitutional requirements, even if that construction is not readily apparent…

Sec. 171.201. DEFINITIONS. In this subchapter: (1) "Fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. (2) "Gestational age" means the amount of time that has elapsed from the first day of a wom…

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 servic…

Sec. 171.202. LEGISLATIVE FINDINGS. The legislature finds, according to contemporary medical research, that: (1) fetal heartbeat has become a key medical predictor that an unborn child will reach live birth; (2) cardiac activity begins at a biologically identifiable moment in tim…

Sec. 171.203. DETERMINATION OF PRESENCE OF FETAL HEARTBEAT REQUIRED; RECORD. (a) For the purposes of determining the presence of a fetal heartbeat under this section, "standard medical practice" includes employing the appropriate means of detecting the heartbeat based on the esti…

Sec. 171.204. PROHIBITED ABORTION OF UNBORN CHILD WITH DETECTABLE FETAL HEARTBEAT; EFFECT. (a) Except as provided by Section 171.205, a physician may not knowingly perform or induce an abortion on a pregnant woman if the physician detected a fetal heartbeat for the unborn child a…

Sec. 171.205. EXCEPTION FOR MEDICAL EMERGENCY; RECORDS. (a) Sections 171.203 and 171.204 do not apply if a physician believes a medical emergency exists that prevents compliance with this subchapter. (b) A physician who performs or induces an abortion under circumstances describe…

Sec. 171.206. CONSTRUCTION OF SUBCHAPTER. (a) This subchapter does not create or recognize a right to abortion before a fetal heartbeat is detected. (b) This subchapter may not be construed to: (1) authorize the initiation of a cause of action against or the prosecution of a woma…

Sec. 171.207. LIMITATIONS ON PUBLIC ENFORCEMENT. (a) Notwithstanding Section 171.005 or any other law, the requirements of this subchapter shall be enforced exclusively through the private civil actions described in Section 171.208. No enforcement of this subchapter, and no enfor…

Sec. 171.208. CIVIL LIABILITY FOR VIOLATION OR AIDING OR ABETTING VIOLATION. (a) Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who: (1) performs or induces an abortion in violation …

Sec. 171.209. CIVIL LIABILITY: UNDUE BURDEN DEFENSE LIMITATIONS. (a) A defendant against whom an action is brought under Section 171.208 does not have standing to assert the rights of women seeking an abortion as a defense to liability under that section unless: (1) the United St…

Sec. 171.210. CIVIL LIABILITY: VENUE. (a) Notwithstanding any other law, including Section 15.002, Civil Practice and Remedies Code, a civil action brought under Section 171.208 shall be brought in: (1) the county in which all or a substantial part of the events or omissions givi…

Sec. 171.211. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL IMMUNITY PRESERVED. (a) This section prevails over any conflicting law, including: (1) the Uniform Declaratory Judgments Act; and (2) Chapter 37, Civil Practice and Remedies Code. (b) This state has sovereign immunity, a politic…

Sec. 171.212. SEVERABILITY. (a) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state statute regulating abortion the United States Supreme Court held that an explicit statement of legislative intent is controlling,…

Sec. 171A.001. DEFINITIONS. In this chapter: (1) "Abortion" has the meaning assigned by Section 245.002. (2) "Abortion-inducing drug" has the meaning assigned by Section 171.061. (3) "Delivery network company," "delivery person," "digital network," "digitally prearranged delivery…

Sec. 171A.002. APPLICABILITY AND CONSTRUCTION OF CHAPTER. (a) This chapter does not apply to and a civil action under this chapter may not be brought against: (1) a hospital; (2) a health care facility licensed, owned, maintained, or operated by this state; (3) a health care prov…

Sec. 171A.051. PROHIBITIONS RELATED TO ABORTION-INDUCING DRUGS. (a) Except as provided by Subsection (b) or Section 171A.002, a person may not: (1) manufacture or distribute an abortion-inducing drug in this state; or (2) mail, transport, deliver, prescribe, or provide an abortio…

Sec. 171A.052. EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW. (a) This subchapter may be enforced only through a qui tam action brought under Subchapter C. (b) No other direct or indirect enforcement of this subchapter may be taken or threatened by this state, a political subdivisio…

Sec. 171A.101. QUI TAM ACTION AUTHORIZED. (a) A person, other than this state, a political subdivision of this state, or an officer or employee of this state or a political subdivision of this state, has standing to bring and may bring a qui tam action against a person who: (1) v…

Sec. 171A.102. DEFENSES. (a) It is an affirmative defense to an action brought under Section 171A.101 that the defendant: (1) was unaware the defendant was engaged in the conduct prohibited by Section 171A.051; and (2) took reasonable precautions to ensure the defendant would not…

Sec. 171A.103. STATUTE OF LIMITATIONS. A person may bring an action under Section 171A.101 not later than the sixth anniversary of the date the cause of action accrues. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 5 (H.B. 7), Sec. 2, eff. December 4, 2025.

Sec. 171A.104. REMEDIES. (a) Notwithstanding any other law and except as provided by Subsection (b), if a qui tam relator prevails in an action brought under Section 171A.101, the court shall award to the relator: (1) injunctive relief sufficient to prevent the defendant from vio…

Sec. 171A.105. COORDINATED ENFORCEMENT PROHIBITED. (a) This state, a political subdivision of this state, or an officer or employee of this state or a political subdivision of this state may not: (1) act in concert or participation with a qui tam relator bringing an action under …

Sec. 171A.106. JURISDICTION; APPLICABILITY OF STATE LAW. (a) Notwithstanding any other law, including Subchapter C, Chapter 17, Civil Practice and Remedies Code, the courts of this state have personal jurisdiction over a defendant sued under Section 171A.101 to the maximum extent…

Sec. 171A.107. APPEALS. The Fifteenth Court of Appeals has exclusive intermediate appellate jurisdiction over any appeal or original proceeding arising out of an action brought under Section 171A.101 in the courts of this state. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 5 (H.B…

Sec. 171A.108. APPLICATION OF OTHER LAW. Notwithstanding any other law, a court may not apply the law of another state or jurisdiction to any qui tam action brought under Section 171A.101 unless the Texas Constitution or federal law compels the court to apply that law. Added by A…

Sec. 171A.151. EFFECT OF CLAWBACK PROVISIONS. (a) For purposes of this section, the term "clawback provision" refers to any law of another state or jurisdiction that authorizes the bringing of a civil action against a person for: (1) bringing or engaging in an action authorized b…

Sec. 172.001. DEFINITIONS. In this chapter: (1) "Birthing center" means a facility licensed under Chapter 244. (2) "Hospital" means a facility licensed under Chapter 241 or a hospital maintained or operated by this state. Added by Acts 2015, 84th Leg., R.S., Ch. 740 (H.B. 1670), …

Sec. 172.002. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING CENTER. (a) Except for the portion of a delivered placenta that is necessary for an examination described by Subsection (d), a hospital or birthing center without a court order shall allow a woman who has given birth in …

Sec. 172.003. DEPARTMENT DUTIES. The department shall develop the form and the educational information required under Section 172.002 and post a copy of the form and information on the department's Internet website. Added by Acts 2015, 84th Leg., R.S., Ch. 740 (H.B. 1670), Sec. 1…

Sec. 173.001. DEFINITIONS. In this chapter: (1) "Authorized facility" means: (A) a hospital licensed under Chapter 241; (B) a hospital maintained or operated by this state or an agency of this state; (C) an ambulatory surgical center licensed under Chapter 243; or (D) a birthing …

Sec. 173.002. APPLICABILITY. This chapter does not apply to: (1) human fetal tissue obtained for diagnostic or pathological testing; (2) human fetal tissue obtained for a criminal investigation; (3) human fetal tissue or human tissue obtained during pregnancy or at delivery of a …

Sec. 173.003. ENFORCEMENT. (a) The department shall enforce this chapter. (b) The attorney general, on request of the department or a local law enforcement agency, may assist in the investigation of a violation of this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8…

Sec. 173.004. PROHIBITED DONATION. A person may not donate human fetal tissue except as authorized by this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 7, eff. September 1, 2017.

Sec. 173.005. DONATION BY AUTHORIZED FACILITY. (a) Only an authorized facility may donate human fetal tissue. An authorized facility may donate human fetal tissue only to an accredited public or private institution of higher education for use in research approved by an institutio…

Sec. 173.006. INFORMED CONSENT REQUIRED. An authorized facility may not donate human fetal tissue under this chapter unless the facility has obtained the written, voluntary, and informed consent of the woman from whose pregnancy the fetal tissue is obtained. The consent must be p…

Sec. 173.007. CRIMINAL PENALTY. (a) A person commits an offense if the person: (1) offers a woman monetary or other consideration to: (A) have an abortion for the purpose of donating human fetal tissue; or (B) consent to the donation of human fetal tissue; or (2) knowingly or int…

Sec. 173.008. RECORD RETENTION. Unless another law requires a longer period of record retention, an authorized facility may not dispose of any medical record relating to a woman who consents to the donation of human fetal tissue before: (1) the seventh anniversary of the date con…

Sec. 173.009. ANNUAL REPORT. An authorized facility that donates human fetal tissue under this chapter shall submit an annual report to the department that includes for each donation: (1) the specific type of fetal tissue donated; and (2) the accredited public or private institut…

Sec. 174.001. SHORT TITLE. This chapter may be cited as the Texas Genomic Act of 2025. Added by Acts 2025, 89th Leg., R.S., Ch. 368 (H.B. 130), Sec. 1, eff. September 1, 2025.

Sec. 174.002. DEFINITIONS. In this chapter: (1) "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company that exists to make a profit. The term inclu…