A Texas Senate bill clarifying the circumstances under which doctors can perform abortions under the state’s near-total ban has been unanimously approved and will move to the House. Senate Bill 31 is supported by anti-abortion groups, medical and hospital associations, and a bipartisan group of lawmakers.
The bill emerged following numerous accounts of women facing severe medical complications or death after being denied necessary abortions due to physician uncertainty or fear of strict legal penalties under Texas’ abortion laws, which only permit abortions to save the pregnant patient’s life.
According to the bill’s author, Republican Senator Bryan Hughes, the legislation aims to provide clarity in the law to remove any hesitation for doctors in providing necessary care. The bill does not broaden abortion exceptions but instead specifies when an abortion is legally permissible under existing law.
The Senate-passed version of the bill states that a patient must have a life-threatening condition caused or worsened by pregnancy, but clarifies that their death does not need to be imminent for a doctor to act. It also aligns definitions across Texas’ abortion bans, formalizes court decisions, and mandates training on the laws for doctors and lawyers.
Despite its passage, the bill was the result of intense negotiations between anti-abortion groups and medical associations. Some Democrats expressed reservations, wishing the bill would have expanded abortion access further. Democratic Senator Molly Cook, while voting for the bill, described it as a difficult and narrow victory, highlighting the suffering and deaths of women over the past four years as evidence of a broken system in Texas.
Other Democrats, like Senators Carol Alvarado and Roland Gutierrez, voiced their disappointment that the bill did not include exceptions for cases of rape, incest, or lethal fetal diagnoses. Alvarado expressed hope for future legislative action on these issues, while Gutierrez emphasized his personal belief in a woman’s right to choose in cases of rape. Hughes countered that the focus should not be on punishing an unborn child for the actions of a rapist.
Concerns were also raised during the session about the bill potentially reviving pre-Roe statutes that could criminalize individuals who have abortions or assist in the process. An amendment was added to SB 31 to maintain neutrality on the enforceability of these pre-Roe laws, pending court rulings, and explicitly stated that women undergoing abortions would not face criminal charges under this bill. Democratic Senator Sarah Eckhardt questioned Hughes on the lack of an effort to repeal these older statutes.
Despite voting in favor, Senator Eckhardt expressed her belief that while the bill may provide clarity, it does not diminish the cruelty of the state’s abortion laws. She hoped it would lead to improvement, acknowledging the dire situation surrounding abortion access in Texas.
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