Section 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 there exists a condition that, in the physician's reasonable medical judgment, 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 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 risk of death or a substantial and irreversible physical impairment of a major bodily function 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.Tex. Health and Safety Code § 171.046
Added by Acts 2013SP2, 83rd Leg. - 2d Spec. Sess., ch. 1,Sec. 3, eff. 10/29/2013.