re: #68 Gus

legis.state.tx.us

Sec. C 171.043. ABORTION OF UNBORN CHILD OF 20 OR MORE WEEKS
POST-FERTILIZATION AGE PROHIBITED. Except as otherwise provided by
Section 171.045, a person may not perform or induce or attempt to
perform or induce an abortion on a woman if it has been determined,
by the physician performing, inducing, or attempting to perform or
induce the abortion or by another physician on whose determination
that physician relies, that the probable post-fertilization age of
the unborn child is 20 or more weeks.
Sec. 171.044. METHOD OF ABORTION. (a) This section applies
only to an abortion authorized under Section 171.045(a)(1) or (2)
in which:
(1) the probable post-fertilization age of the unborn
child is 20 or more weeks; or
(2) the probable post-fertilization age of the unborn
child has not been determined but could reasonably be 20 or more
weeks.
(b) Except as otherwise provided by Section 171.045(a)(3),
a physician performing an abortion under Subsection (a) shall
terminate the pregnancy in the manner that, in the physician’s
reasonable medical judgment, provides the best opportunity for the
unborn child to survive.
Sec. 171.045. EXCEPTIONS. (a) The prohibitions and
requirements under Sections 171.042, 171.043, and 171.044 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 or 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 171.044(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.

Note the child, not the mother.