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.”

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.

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.