Texas ‘Trigger Law’ Creating a Civil Penalty for Performing an Abortion (HB 2350)

This law was last updated on Aug 29, 2019

State

Texas

Number

HB 2350

Status

Failed to Pass

Proposed

Mar 8, 2019

Topics

Fetal Homicide, Personhood

Full Bill Text

capitol.texas.gov

HB 2350 would trigger a statewide abortion ban if the U.S. Supreme Court overturns Roe v. Wade.

The bill would prohibit a person from knowingly performing or inducing an abortion intended to cause the “death of an unborn child.”

Civil Penalty

A person would be charged with a civil offense if a fetus dies or sustains bodily injury as a result of an abortion performed or attempted by the person.

The bill includes exceptions for when:

the actor is a licensed physician;
the abortion is necessary to save the life of pregnant person, or to prevent risk of substantial impairment of a major bodily function of the pregnant person; and
the actor performs the abortion in a manner that provides the best opportunity for the fetus to survive.

A physician or health-care facility that violates this provision would be subject to a civil penalty of $500 for each violation.

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.

Related Legislation

Similar to HB 1685/SB 2160, which would make it a criminal offense to perform an abortion.

Latest Action

3/8/19 – Introduced.