In Texas
After Roe, abortion is illegal in most circumstances. Hear from Texas Values about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about your state’s post-Roe abortion laws.”
After Roe, states have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Texas bans all abortions now that Roe is overturned. In July 2021, Gov. Greg Abbott signed a pro-life “trigger law” (H.B. 1280) that ends abortion in Texas. Tex. Health & Safety Code Ann. § 170A.002.
It is important to note that Texas never repealed its pre-Roe statutes that ban all abortions, so after Roe, these statutes also drive abortion policy in Texas.
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Texas has three immediate priorities after Roe:
1. Make sure our state is clear that there is now a state law/policy that all abortions are illegal.
2. Increase funding for the Alternatives to Abortions Fund.
3. Make it illegal for Planned Parenthood and other historically abortion focused entities to operate in the state.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
If my state won’t ban all abortions, what are the limits to abortion?
Because Texas has both a trigger law in place and pre-Roe statutes banning abortions, Texas’s other lesser limitations would no longer be necessary. Tex. Health & Safety Code Ann. § 170A.002. However, we’ve listed them here for your reference:
The Texas Heartbeat Act (SB 8) bans all abortions after a fetal heartbeat is detected. Tex. Health & Safety Code Ann. § 171.204.
Texas has a partial-birth abortion ban. Tex. Health & Safety Code Ann. §171.101.
Abortions are also banned 20 weeks post-fertilization. Tex. Health & Safety Code Ann. §171.044.
Abortions are also banned in the third trimester. Tex. Occ. Code § 164.052(a)(18).
Are there any exceptions to those limitations placed on abortion?
Yes: the trigger law includes an exception for when the abortion is necessary to save the life of the mother or to prevent a serious risk of substantial impairment of a major bodily function. Tex. Health & Safety Code Ann. § 170A.002.
The partial-birth ban includes an exception to prevent a substantial permanent impairment of the life or physical health of the woman or in the case of a severe fetal anomaly. Tex. Health & Safety Code Ann. §171.102
The third trimester ban includes an exception for if the abortion is necessary to preserve the mother’s life or prevent “severe, irreversible brain damage” or paralysis or if the fetus has a severe and irreversible “brain impairment.” Tex. Occ. Code § 164.052(a)(18).
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
Violations of the trigger law are a felony of the second degree, unless the child dies as a result of the violation, in which case the violation is a felony of the first degree. Tex. Health & Safety Code Ann. § 170A.004.
Any Texas citizen with knowledge of a violation may bring a civil action to enforce the heartbeat law. https://texasheartbeatlaw.com/.
Violations of the partial birth ban are considered a felony. Tex. Health & Safety Code Ann. §171.103.
A violation of the third trimester ban is considered a “prohibited practice” by a physician and is grounds for disciplinary action. Tex. Occ. Code § 164.052(a)(18).”
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
Violating physicians under the trigger law are subject to a civil penalty of not less than $100,000 for each violation. Tex. Health & Safety Code Ann. § 170A.005.
Any citizen can bring a private civil action against physicians who conduct abortions after detecting an unborn child’s heartbeat. Tex. Health & Safety Code Ann. § 171.208.
The mother, father, or grandparent (if the mother is a minor) of the unborn child may bring a civil action for violations of the partial-birth ban. Tex. Health & Safety Code Ann. § 171.104.”
Does my state impose a special medical standard of care on abortion providers?
Yes. When an abortion is performed under one of the trigger law’s exceptions, it must be performed in a way that provides the best opportunity for the unborn child to survive. Tex. Health & Safety Code Ann. § 170A.002.”
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
No: But notice to one parent is required. However, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. Texas’ trigger law renders this provision largely obsolete. Tex. Fam. Code Ann. § 33.002.”
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes: Physicians, nurses, staff members, or employees of a hospital or health-care facility, who object to participating directly or indirectly in abortions may refuse to do so. Tex. Occ. Code Ann. § 103.001.
Are there legal protections for babies born alive following a botched abortion in my state?
Yes: A premature or born-alive baby after an abortion must be treated the same as any other child born alive after the normal gestation period. Tex. Fam. Code § 151.002.
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
Yes: Only a physician licensed in Texas may commit an abortion. Tex. Health & Safety Code Ann. § 245.010(b).
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Yes: Counseling and informed consent is required. Tex. Health & Safety Code Ann. §§ 171.011, 012.
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
Yes: A 24-hour waiting period after counseling and informed consent is required. Tex. Health & Safety Code Ann. § 171.012.
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