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Tex. Health & Safety Code § 245.002

DEFINITIONS

Known as the Texas Abortion Facility Reporting and Licensing Act

The act spans §§ 245–245 (27 sections).

Applied in 1 court decision — leading case State of Texas v. Becerra (2024)

Most recently applied in State of Texas v. Becerra (January 2024)

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff

In this chapter:

(1) "Abortion" means the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to cause the death of an unborn child of a woman known to be pregnant. The term does not include birth control devices or oral contraceptives. An act is not an abortion if the act is done with the intent to:

(A) save the life or preserve the health of an unborn child;

(B) remove a dead, unborn child whose death was caused by spontaneous abortion; or

(C) remove an ectopic pregnancy.

(2) "Abortion facility" means a place where abortions are performed.

(3) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(62), eff. April 2, 2015.

(4) "Department" means the Department of State Health Services.

(4-a) "Ectopic pregnancy" means the implantation of a fertilized egg or embryo:

(A) outside of the uterus; or

(B) in an abnormal location in the uterus, or in a scarred portion of the uterus, causing the pregnancy to be non-viable.

(4-b) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(5) "Patient" means a female on whom an abortion is performed, but does not include a fetus.

(6) "Person" means an individual, firm, partnership, corporation, or association.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.