Signed by Governor Greg Abbott

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortion after a fetal heartbeat is detected.

Highlights:

• Defines "fetal heartbeat" as cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac (Sec. 3-1).

• Defines "gestational age" as the amount of time that has elapsed from the first day of a woman’s last menstrual period (Sec. 3-2).

• Alleges Texas has compelling interests from the outset of a woman’s pregnancy in protecting the health of the woman and the life of the unborn child (Sec. 171.202-3).

• Requires a physician deciding to record in the pregnant woman’s medical record (Sec. 171.203.d):

• The estimated gestational age of the unborn child;

• The method used to estimate the gestational age; and

• The test used for detecting a fetal heartbeat including the date, time, and results of the test.

• Prohibits a physician from knowingly performing or inducing an abortion on a pregnant woman if the physician detected a fetal heartbeat for the unborn child or failed to perform a test to detect a fetal heartbeat (Sec. 171.204.a).

• Authorizes any person, other than an officer or employee of a state or local governmental entity in this state, to bring a civil action against any person who (Sec. 171.208.a):

• Performs or induces an abortion in violation of this law; or

• Knowingly engages in conduct that aids or abets the performance or inducement of abortion, including paying for or reimbursing the costs of abortion through insurance or otherwise, if the abortion is performed or induced in violation of this chapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this chapter.

• Establishes the following are not a defense to an action brought under this law (Sec. 171.208.e):

• Ignorance or mistake of law;

• A defendant’s belief that the requirements of this law are unconstitutional or were unconstitutional;

• A defendant’s reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled when the defendant engaged in conduct that violates this law;

• Specifies if an abortion is performed or induced on a pregnant woman because of a medical emergency, the physician who performs or induces the abortion will execute a written document that certifies the abortion is necessary due to a medical emergency and specifies the woman’s medical condition requiring the abortion (Sec. 7.a).

• Requires the physician who is to perform or induce the abortion or the physician’s agent to inform the pregnant woman that (Sec. 8-2):

• Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;

• The father is liable for assistance in the support of the child without regard to whether the father has offered to pay for the abortion; and

• Public and private agencies provide pregnancy prevention counseling and medical referrals for obtaining pregnancy prevention medications or devices, including emergency contraception for victims of rape or incest.

Full Bill Text