Texas House Bill HB23

Texas 2021 - 87th 3rd C.S.

Caption

Relating to prohibiting abortion and protecting the rights of an unborn child and to criminal liability for, justification for, and defenses to prohibited conduct.

Impact

If enacted, HB 23 would introduce substantial changes to Texas law concerning reproductive rights, effectively making abortion illegal through the direct application of new definitions of human life. Existing laws would be amended to eliminate licenses for abortion providers, thereby restricting access to reproductive healthcare services. Furthermore, the bill establishes a framework wherein any unlawful act that results in the death of an unborn child would attract criminal liability for those involved, including possible civil penalties. This could create significant barriers for healthcare providers and patients alike, fundamentally altering the landscape of reproductive healthcare in Texas.

Summary

House Bill 23, known as the Abolition of Abortion through Equal Protection for All Unborn Children Act, is a significant piece of legislation aimed at prohibiting abortion in Texas. The bill asserts that from the moment of fertilization, an unborn child is entitled to the same rights and protections as any other human person in Texas. This reflects a strong legal and moral stance from its proponents who argue that human life begins at fertilization and should be legally protected under state law. The bill proposes to disavow any federal statutes or legal precedents that may contradict this position, claiming such federal ruling's supremacy is an infringement on state rights as per the Texas Constitution and relevant U.S. jurisprudence.

Contention

The introduction of HB 23 has spurred significant debate among legislators and public interest groups. Supporters contend that the bill is essential for protecting unborn children and aligns with certain theological and ethical viewpoints that regard life as sacred from the point of conception. Conversely, opponents argue that the bill infringes on women's rights to make informed decisions about their own bodies and health. There are concerns regarding the broader implications for medical care, including risks to women’s health, and potential legal repercussions for health practitioners who provide care in these contested areas.