Texas Preborn Pain Act (HB 2364)

HB 2364 would have banned abortions at 20 weeks post-fertilization unless, in the physician’s reasonable medical judgment, an abortion is necessary to avert the woman’s death or a serious risk of substantial and irreversible physical impairment of a major bodily function, other than a psychological condition.

An abortion does not become necessary if the risk of death or a substantial and irreversible physical impairment of a major bodily function arises from a claim or diagnosis that the woman will engage in conduct that may result in her death or in substantial and irreversible physical impairment of a major bodily function.

The law would have required that an abortion performed after 20 weeks be performed in a manner that provides the best opportunity for the “unborn child” to survive.

The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.

The bill would have prohibited prosecution of a woman on whom an abortion is performed.

Reporting Requirements

The bill would have amended physician reporting requirements in Section 245.011(c), Health and Safety Code, to include probable post-fertilization age of the “unborn child.”

STATUS

This bill (and its companion SB 25) failed to pass during the 2013 regular legislative session, however Texas’ omnibus abortion bill (HB 2), which Gov. Rick Perry signed into law on July 18, 2013 during the second special legislative session, contains a nearly identical 20-week abortion ban.

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