TX
Texas House Bill HB3641

Texas 2021 - 87th Regular

Texas House Bill HB3641

Caption

Relating to declaring void certain federal court decisions related to abortion and prohibiting cooperation with the enforcement of those decisions; creating a private cause of action; creating a criminal offense.

Impact

If enacted, HB3641 would significantly alter the legal landscape surrounding abortion in Texas by prohibiting state and local officials from utilizing resources to enforce decisions seen as contrary to the state's interpretation of its rights. The law further attempts to prevent cooperation with federal authorities regarding abortion enforcement, reflecting a broader trend of anti-abortion legislation in Texas. This measure may lead to legal conflict with federal rulings, potentially igniting court battles that test the limits of state authority versus federal law.

Summary

House Bill 3641, titled the 'Roe v. Wade Is Unconstitutional Act,' aims to declare certain federal court decisions regarding abortion, particularly those from Roe v. Wade and its successors, as void within the state of Texas. The bill articulates the intent of the Texas legislature to assert state sovereignty and dismiss the supremacy of federal court interpretations of the Constitution that pertain to abortion rights. The bill also emphasizes Texas's authority to legislate on the matter of abortion as consistent with its state constitution and the principles of self-governance.

Contention

The bill's provisions are likely to be contentious, as they not only challenge established federal precedents but also establish criminal penalties for state officials who cooperate with federal orders related to abortion. By introducing a private cause of action for individuals harmed by violations of the bill, it creates mechanisms for litigation against public servants, which could lead to widespread resistance and legal challenges. Critics may argue that the bill undermines women's reproductive rights and increases divisiveness on an already polarizing issue.

Companion Bills

TX SB1671

Same As Relating to declaring void certain federal court decisions related to abortion and prohibiting cooperation with the enforcement of those decisions; creating a private cause of action; creating a criminal offense.

Previously Filed As

TX HB22

Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.

TX HB36

Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.

TX HB2690

Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.

TX HB111

Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.

TX SB648

Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.

TX HB40

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions, and authorizing under certain circumstances the removal of persons who violate certain of those prohibitions; creating criminal offenses.

TX HB4

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

TX SB4

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB1894

Relating to prohibiting the recognition and enforcement of extreme risk protective orders; creating a criminal offense.

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