Texas House Bill HB4339

Texas 2021 - 87th Regular

Caption

Relating to prohibiting discriminatory abortions; authorizing disciplinary action; providing a civil remedy; creating a criminal offense.

Impact

The bill proposes significant changes to the Health and Safety Code, which would classify abortions performed based on discriminatory factors as criminal offenses. Physicians found guilty of such actions could face a Class A misdemeanor charge and risk having their medical licenses suspended or revoked. Additionally, this bill allows the affected parties, including mothers and maternal grandparents of the preborn child, to seek civil remedies and compensation for violations, amplifying the legal repercussions for healthcare providers and changing the dynamic of abortion-related legal disputes.

Summary

House Bill 4339, known as the Preborn Nondiscrimination Act, aims to prohibit discriminatory abortions that are based on the race, ethnicity, sex, or disability of a preborn child. The bill underscores Texas's commitment to fighting discrimination in various aspects of life, including health care. It envisions placing strict regulations and penalties on medical professionals who engage in the practice of performing or inducing abortions under these discriminatory circumstances. This legislation also provides civil remedies for those affected, allowing them to sue for damages and seek injunctive relief against violators.

Contention

HB 4339 has sparked considerable debate regarding reproductive rights, particularly the restrictions imposed on abortion practices. Advocates argue that the bill is a necessary step to protect against discrimination in healthcare, especially for children diagnosed with disabilities. However, opponents contend that it may further restrict access to abortion for women facing difficult decisions, thus infringing on their rights. Critics raise concerns that the bill may increase the emotional and psychological burden on women who may already be dealing with complex circumstances surrounding their pregnancies.