Texas § 170A.002 PROHIBITED ABORTION; EXCEPTIONS.

Texas Statutes

§ 170A.002 — PROHIBITED ABORTION; EXCEPTIONS.

Texas § 170A.002

Code HSHealth and Safety Code

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Bluebook

Tex. Health and Safety Code Code Ann. § 170A.002 (2026).

Text

Sec. 170A.002. PROHIBITED ABORTION; EXCEPTIONS.

(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 attempt

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Sec. 170A.002. PROHIBITED ABORTION; EXCEPTIONS. (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.

State of Texas Ken Paxton, in His Official Capacity as Attorney General of Texas Texas Medical Board And Stephen Brint Carlton, in His Official Capacity as Executive Director of the Texas Medical Board v. Amanda Zurawski Lauren Miller Lauren Hall Anna Zargarian Ashley Brandt Kylie Beaton Jessica Bernardo Samantha Casiano Austin Dennard, D.O. Taylor Edwards Kiersten Hogan Lauren Van Vleet Elizabeth Weller Damla Karsan, M.D., on Behalf of Herself and Her Patients And Judy Levison, M.D., M.P.H., on Behalf of Herself and Her Patients

(Texas Supreme Court, 2024)

The Satanic Temple, Inc. v. Hellerstedt

(S.D. Texas, 2023)

Maria Margarita Rojas, Maternal Maternal and Child Healthcare and Research Center LLC D/B/A Clinica Latinoamericana; Clinicas Latinoamericans; Clinica-Waller Latinoamericana; Clinica-Telge Latinoamericana A/K/A Clinica De La Mujer A/K/A Houston BirthHouse v. State of Texas

(Court of Appeals of Texas, 2025)

Legislative 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.