Texas House Bill HB1426

Texas 2025 - 89th Regular

• Filed: 11/20/24

Caption

Relating to a prohibition on the issuance or enforcement of a search warrant, subpoena, or other court order for certain menstrual health data.

Impact

If enacted, HB 1426 will have significant implications on how menstrual health data is treated within the criminal justice system of Texas. By making menstrual health data inadmissible in criminal actions if obtained in violation of this new provision, the bill bolsters the privacy rights of individuals against possible invasive legal actions. This could empower individuals to seek healthcare without fear that their data could later be subject to law enforcement scrutiny, fostering a more supportive environment for addressing menstrual health issues.

Summary

House Bill 1426 aims to establish legal protections for individuals' menstrual health data by prohibiting the issuance or enforcement of search warrants, subpoenas, or other court orders targeting this sensitive information. The bill introduces a new provision in Chapter 18 of the Code of Criminal Procedure, specifically addressing the nature of menstrual health data, which is defined as any information related to an individual's menstrual health or cycles, regardless of the format in which it is recorded. This legislative move responds to growing concerns about the privacy of intimate health data and the potential for misuse in legal contexts.

Contention

The introduction of HB 1426 may spark debate among lawmakers and stakeholders regarding the balance between individual privacy rights and law enforcement's ability to investigate potential criminal activities. Some may argue that restricting access to menstrual health data hinders law enforcement's capabilities, particularly in cases where such information might be relevant to criminal investigations. Conversely, advocates for the bill might contend that personal health data should be safeguarded to prevent stigmatization and discrimination, particularly in a societal context where such data could be weaponized against vulnerable populations.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 18. Search Warrants
  • Section: New Section