Texas § 171.046 EXCEPTIONS.

Texas Statutes

§ 171.046 — EXCEPTIONS.

Texas § 171.046

Code HSHealth and Safety Code

This text of Texas § 171.046 (EXCEPTIONS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 171.046 (2026).

Text

Sec. 171.046. EXCEPTIONS.

(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 c

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Sec. 171.046. EXCEPTIONS. (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.

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)

Legislative History

Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1 , Sec. 3, eff. October 29, 2013. Amended by: Acts 2025, 89th Leg., R.S., Ch. 758 (S.B. 31 ), Sec. 6, eff. June 20, 2025.