Texas House Bill HB3738

Texas 2023 - 88th Regular

• Filed: 3/6/23

Caption

Relating to the validity and enforcement of laws restricting or regulating abortion.

Impact

If passed, HB 3738 would solidify existing regulations and restrictions on abortion, potentially limiting the ability of future legislative efforts or court rulings to undermine these laws. The amendments specifically ensure that taxpayer funding for entities involved in promoting or performing abortions is prohibited, thus adhering to a stringent regulatory framework that aligns with the broader political agenda of limiting abortion access. The bill also waives sovereign immunity for litigations related to Section 110.005, allowing lawsuits against government agencies concerning these regulations.

Summary

House Bill 3738 aims to reinforce the validity and enforcement of laws that restrict or regulate abortion in Texas. The bill seeks to amend the Civil Practice and Remedies Code by adding specific provisions that clarify the standing of laws concerning abortion, ensuring that they remain unaffected by other regulations or provisions. This legislative effort indicates a clear intent by its sponsors to maintain stringent controls over abortion-related matters, reflecting ongoing political and social debates around this issue within the state.

Sentiment

Sentiment around HB 3738 is expected to be divisive, reflecting a broader national debate over reproductive rights. Supporters of the bill, primarily conservative legislators and pro-life advocacy groups, argue that it reinforces necessary safeguards against what they perceive as unjust funding and support for abortion services. Conversely, opponents, including reproductive rights advocates, may see the bill as part of a continuing effort to restrict women's rights and access to healthcare, adding to the contention surrounding abortion legislation in Texas.

Contention

The most notable points of contention surrounding HB 3738 stem from its implications for local governance and judicial review. Critics argue that reaffirming the enforcement of restrictive abortion laws could stifle discussions around women's health and autonomy, while supporters see it as essential to uphold moral and ethical standards in governance. The bill's passage could ultimately reshape the landscape of abortion rights in Texas by firmly establishing the state’s position and restricting local or judicial efforts to challenge or moderate these laws.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 110. Religious Freedom
  • Section: New Section
  • Section: 008