After more than three years under a near-total abortion ban, Texas’ 89th legislative session brought forth discussions about the ways Texans continue to access the highly restricted procedure.
Dozens of bills relating to the topic of abortion were filed, but three ultimately gained traction and led to substantial discussion in the House and Senate. Two of those bills — an effort to clarify the emergency exception to Texas’ abortion ban and an effort to stop cities from giving financial assistance to abortion seekers — passed and are now at the governor’s desk. But a wide-ranging bill attempting to stop out-of-state prescribers from distributing abortion pills in Texas stalled in the House, disappointing anti-abortion activists.
Senate Bill 31: The Life of the Mother Act
SB 31, also known as The Life of the Mother Act, aims to give doctors more clarity about when they are allowed to provide an abortion to treat a medical emergency — the only narrow exception to Texas’ near-total ban.
Doctors raised concerns that the wording of the exception is too vague, and the consequences for violating the law too steep: extensive fines and prison time, plus the loss of their medical licenses.
Patients who believed they should have had access to an emergency abortion sought answers from the courts and the Texas Medical Board over the past two years, directing public attention to the issue. Reporting from ProPublica also found that confusion surrounding Texas’ abortion ban had resulted in the deaths of at least two women, as well as a rising rate of sepsis.
The narrow exception emerged as rare bipartisan ground this session. SB 31 was filed by state Sen. Bryan Hughes, the Mineola Republican who authored Texas’ 2021 abortion ban, and was written with input from both physicians and anti-abortion organizations, including Texas Right to Life.
“We're very sensitive to these kinds of debates not becoming loopholes to just allow any abortion that is requested,” said John Seago, president of Texas Right to Life. “We had to walk that line of making sure we didn't do that, but also giving clarity and confidence to doctors that they can treat women in these life-threatening conditions immediately, without delay.”
The Life of the Mother Act reinforces that a pregnant woman’s death or impairment does not have to be “imminent” to be considered life-threatening. It also clarifies that discussions between doctors and their patients while determining if abortion is the best treatment option are not “aiding and abetting” a crime. It places the burden of proof on the state if a doctor is accused of offering an illegal abortion.
Some abortion-rights advocates did not support the bill. After SB 31 passed, a coalition of Texas abortion funds and reproductive health groups released a joint statement denouncing it, saying it “still relies on vague legal standards that are open to interpretation.”
The Center for Reproductive Rights — which gave legal representation to women who sought clarity on the exception from the courts — and The American College of Obstetricians and Gynecologists also did not support the bill.
Many OBGYNS working in Texas, however, were glad to see SB 31 pass. Dr. Todd Ivey of Houston said while he still wanted to see exceptions for lethal fetal anomalies, rape and incest, he believed SB 31 would help doctors to feel more confident in their daily practice.
“I do think it's going to clarify and help physicians feel protected to move forward in these really tragic cases — and to protect women's lives,” Ivey said. “That's what I think is the most important here.”
Bee Moorhead, who serves as executive director of Texas Impact, an interfaith group that supported the bill, said SB 31 was an example of a bipartisan effort that worked.
"This may not be something that is everything anybody wants," she said. "It may not be something that the more conservative groups may see as really important, or the more progressive groups may see as enough, but it's really important to get it done."
Senate Bill 33: restricting city assistance for abortion seekers
Also at the governor's desk is SB 33, which will stop local governments from using public funds to support women seeking abortions.
The bill says that taxpayer money may not be given to either abortion providers or “an abortion assistance entity.” It also prohibits public funds from going toward “logistical support” for abortion seekers, such as childcare and travel expenses.
Under SB 33, the Texas attorney general and private citizens can bring civil suits against cities who violate the law. Austin and San Antonio had previously set aside funds for people leaving the state for abortion care, attracting lawsuits from Attorney General Ken Paxton.
“SB 33 doesn’t protect anyone, it only serves to punish cities that dare to stand up for their people,” said Vanessa Fuentes, an Austin City Council Member who championed the city’s Reproductive Logistical Fund.
Seago at Texas Right to Life celebrated the bill's passage. He said after abortion became illegal in Texas, it became a challenge to convince sympathetic legislators to prioritize additional anti-abortion legislation — but he sees the success of SB 33 as a sign that his movement’s priorities are gaining steam again.
“That was an important win,” he said.
Senate Bill 2880: A stalled attempt to crack down on abortion pills
Another of Texas Right to Life's favored bills, however, did not pass. Curbing the use of pills obtained by mail for use in self-managed abortions was a top priority of anti-abortion groups this session.
Had it passed, SB 2880 would have let Texans sue out-of-state prescribers and distributors of abortion pills, along with parties who helped pregnant women get access to the drugs. Even internet providers who hosted telemedicine services could have been liable.
The bill was criticized by Democrats for unusual provisions that would discourage countersuits and constitutional challenges to the potential law. Private citizens could have sued judges for up to $100,000 in certain cases.
During the bill’s Senate floor hearing, state Sen. Nathan Johnson of Dallas, a lawyer and Democrat, said these provisions could set a dangerous precedent for other laws.
“Isn't it going to be difficult to persuade any judges to exercise their constitutional obligation to review our work?” Johnson asked Hughes, SB 2880’s sponsor.
Although the measure passed the Senate and made it through a House committee, it ultimately failed to receive a floor hearing in the House. Texas Right to Life accused state Rep. Ken King, a Republican and chair of the House Committee on State Affairs Chair Ken King, of “slow-walking” the measure to prevent its passage.
Seago said his group hopes to lobby Gov. Greg Abbott to call a special session on the legislation.
