Texas Senate approves legislation banning most abortions, testing Roe v. Wade
Texas abortion opponents vow a major push in 2021.
The chamber approved five of the bills 19-12, with all Republicans voting in favor, along with one Democrat, Sen. Eddie Lucio Jr. of Brownsville. A sixth bill passed 20-11, with two Democrats supporting it.
The measures now head to the House for consideration. They are among the first bills debated and passed through the Senate, and two are top priorities of Lt. Gov. Dan Patrick, the Republican leader who presides over the chamber.
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Heartbeat bill
Senate Bill 8 would ban abortions when a fetal heartbeat can be detected, which typically happens around six weeks into a pregnancy. Texas law now bans abortions after 20 weeks of pregnancy — or up to 22 weeks from the last menstrual period.
Democrats pushed Sen. Bryan Hughes, R-Mineola, to defend the constitutionality of his proposal, arguing that the bill would effectively ban all abortion procedures, as a fetal heartbeat can be detected before a woman knows she is pregnant.
“Effectively, you’re telling women who right now have a constitutional right to an abortion that in the event you might need one, you can’t have one,” said Sen. Nathan Johnson, D-Dallas.
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The bill also would allow for any private citizen to sue an abortion provider who violates the law or who “knowingly engages in conduct that aids or abets the performance or inducement of an abortion,” including footing the bill for the procedure, regardless of whether the citizen behind the lawsuit is connected to the person receiving the procedure or to the provider.
Johnson questioned whether the bill would create a situation allowing an individual from anywhere in the state to target a provider and file suit, eventually putting them out of business because the minimum damages afforded in the bill would be $10,000 for a violation.
“This is a private, personal, legal, constitutionally protected behavior, and we’re setting loose an army of people to go sue somebody under a bill that will likely be held unconstitutional,” Johnson said. “They could be sued over and over and over again, having to pay $10,000 every single time and for years, while it winds its way through the courts, they can’t defend themselves, so effectively you have shut down their medical practice.”
Outlawing abortion
Another Patrick priority is SB 9, called a “trigger ban” by some, which would prohibit most abortions. But the prohibition would only go into effect if the U.S. Supreme Court overturns two prior decisions establishing a legal right to an abortion: Roe v. Wade and Planned Parenthood v. Casey.
The bill, authored by Paxton, would create a criminal offense in the event that an abortion provider attempts to perform the procedure, which would be a second-degree felony. If the abortion is successful, it would be a first-degree felony.
It also would allow for a fine of at least $100,000 for doctors who perform the procedure.
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Sen. Carol Alvarado, D-Houston, said the bill goes too far.
“If you research states that have the strictest, strongest laws on abortion, Texas is always in the top,” she said. “Every session it seems like there’s more that y’all come up with to do, and I just don’t know where it stops, I just don’t know where it ends.”
The other approved bills include:
- SB 394, filed by Lucio, which would prohibit pill-induced abortions after seven weeks of pregnancy. The Food and Drug Administration, which regulates the medication, allows for the use of abortion pills up to 10 weeks into a pregnancy.
- SB 802, sponsored by Paxton, would require doctors to direct a person seeking an abortion to speak with a state contractor for counseling and other resources prior to the procedure. A fiscal note attached to the bill states that it would cost roughly $7 million annually for the state’s Health and Human Services Commission to establish and maintain the hotline required in the bill.
- SB 1173, from Sen. Kelly Hancock, R-North Richland Hills, would prohibit abortions after 20 weeks of pregnancy in cases when a severe fetal abnormality has been detected, which is currently allowed under state law. Abortion rights advocates say that the bill would require people to carry pregnancies to term
- SB 1647, which combines the provisions of SB 8 and SB 9.