In a move aimed at clarifying Texas' abortion law in cases where a mother’s health is at risk, legislators in both the Texas House and Senate have introduced bills to ensure doctors and attorneys fully understand when abortions are legally permissible. The legislation, highly anticipated after a contentious election cycle, seeks to address concerns about confusion among healthcare professionals and hospitals regarding emergency medical care for pregnant women.
Legislative Efforts to Define Medical Exceptions
Senator Bryan Hughes (R-Mineola), the architect of Texas’ existing abortion ban, filed Senate Bill (SB) 31, also known as the Life of the Mother Act, to better define when abortions are allowed to preserve a woman’s health or prevent serious bodily harm. Representative Charlie Geren (R-Fort Worth) introduced House Bill (HB) 44, mirroring the Senate proposal.
These bills aim to resolve lingering uncertainty by simplifying legal language and creating structured continuing medical education (CME) for doctors and continuing legal education (CLE) for attorneys. The Texas Medical Board would oversee CME training for healthcare providers, while the State Bar of Texas would manage CLE programs for attorneys. The goal is to ensure both groups are equipped to navigate the state's strict abortion laws while delivering necessary medical care.
Key Provisions of SB 31 and HB 44
The proposed legislation refines the definition of when an abortion is legally permitted. Under the bills, two criteria must be met:
A licensed physician must perform or induce the abortion.
The pregnancy must pose a risk of death or a serious risk of substantial impairment of a major bodily function, as determined by the physician’s “reasonable medical judgment.”
Notably, the bill removes the phrase “life-threatening” from the law’s previous language, aiming to provide doctors with more clarity in determining when an abortion is legally justified. Additionally, it specifies that medical professionals discussing emergency abortion cases cannot be prosecuted simply for engaging in such conversations.
Addressing Confusion Among Doctors and Hospitals
Since Texas enacted its abortion ban in 2022 following the Supreme Court’s reversal of Roe v. Wade, medical professionals have expressed concern about legal risks when treating pregnant women facing medical crises. While Texas law has always included exceptions for life-threatening conditions, some hospitals and doctors have hesitated, fearing legal repercussions.
Sen. Hughes, who had previously defended the clarity of Texas' abortion law, acknowledged the need for further guidance. "We don’t want to give doctors or hospitals any excuse not to help those moms in those situations," he stated last year. His new legislation aims to ensure doctors act decisively without fear of prosecution.
Texas Alliance for Life (AFL), a major anti-abortion advocacy group, has endorsed the bills despite previously arguing that Texas law already protects doctors performing medically necessary abortions. “Unfortunately, some doctors and hospital attorneys have misunderstood or misapplied the law, leading to unnecessary delays in care,” said AFL Communications Director Amy O’Donnell. “SB 31 and HB 44 help ensure that doctors and attorneys have the proper education to confidently follow the law and provide pregnant women the standard of care Texas law allows and they deserve.”
Bipartisan Support in the House
While Texas' abortion debate has largely been split along party lines, HB 44 has drawn support from two Democratic lawmakers, Representatives Donna Howard (D-Austin) and Ann Johnson (D-Houston). Their co-sponsorship suggests bipartisan recognition of the need to clarify medical exceptions to the state’s abortion law.
Both bills have been designated as legislative priorities—SB 31 by Lt. Gov. Dan Patrick and HB 44 by House Speaker Dustin Burrows (R-Lubbock)—indicating strong momentum for passage in the upcoming legislative session.
Looking Ahead
If passed, SB 31 and HB 44 would ensure that doctors and legal professionals receive clear guidance on Texas' abortion laws, reducing delays in care for pregnant women experiencing life-threatening complications. The legislation represents an attempt to balance the state's strict anti-abortion stance with the need to ensure medical professionals can confidently provide emergency care.
