Texas Fetal Homicide ‘Trigger Law’ (HB 1685)

HB 1685 would trigger a statewide abortion ban if the U.S. Supreme Court overturns Roe v. Wade. 

The bill would make performing an abortion an act of criminal homicide or assault, unless the person performing the abortion is a licensed physician and the pregnant person has a life-threatening condition.

If an abortion is necessary to save the life—or avoid the substantial impairment of a major bodily function—of the pregnant person, the physician would need to perform the abortion in a manner that provides the best opportunity for the fetus to survive.

The bill would effectively would prohibit most abortion in the state, even for pregnancies that are the result of rape or incest, or those with severe genetic anomalies.

The bill would also trigger an abortion ban if an amendment to the United States Constitution is adopted that, in whole or in part, restores state authority to prohibit abortion.

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Related Legislation

Companion bill to SB 2160.

Similar to HB 2350, which would make it a civil offense to perform an abortion.

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Latest Action

2/27/19 – Introduced.

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