Texas ‘Abolition of Abortion’ Act (HB 896)

HB 896 would prohibit all abortion in Texas, even for pregnancies that result from rape or incest, or those with severe genetic anomalies.

Fetal Homicide

The bill would remove the exception for abortion from the definition of homicide in the state’s penal code. If passed, all parties involved in an abortion (physicians, nurses, the pregnant patient, etc.) may face murder charges.

Homicide charges would apply to the death of an “unborn child,” even if the conduct charged is:

• committed by the pregnant person;
• a procedure performed by a physician or licensed health-care provider, including a procedure performed as part of an assisted reproduction; or
• the dispensation or administration of a drug.

Personhood

The bill provides that “a living human child, from the moment of fertilization on fusion of a human spermatozoon with a human ovum, is entitled to the same rights, powers, and privileges as are secured or granted by the laws of this state to any other human child.”

Abortion Prohibition Enforcement

The bill would direct the attorney general to direct state agencies to enforce the law regardless of any contrary or conflicting federal law, executive order, or court decision. The bill would instruct local governments to do the same.

Related Legislation

Nearly identical to HB 948, which failed to pass in 2017.

Latest Action

1/17/19 – Introduced.

People