35 Facts About Texas Abortion Laws

Texas Abortion Laws: An Overview

Texas has been a focal point in the national debate on abortion. The state's laws are among the most restrictive in the U.S., reflecting a conservative stance on reproductive rights. Here are 35 key facts about Texas abortion laws, offering a comprehensive look at the current situation and historical context.

General Restrictions and Exceptions

Texas laws make abortion illegal in most cases, with very few exceptions.

1. Abortion is Illegal in Most Cases
   Abortion in Texas is generally illegal, except to save the mother's life or prevent substantial impairment of major bodily function.

2. Exceptions for Life-Saving Abortions
   Life-saving abortions are permitted, but the law's ambiguity makes it unclear when a pregnancy is considered life-threatening.

3. Recent Legislative Changes
   In August 2023, Governor Greg Abbott signed HB 3058, allowing abortions in cases of ectopic pregnancy or if the fetus is unviable due to early water breakage.

4. Texas Supreme Court Rulings
   In December 2023, the Texas Supreme Court ruled against permitting abortions for pregnancies with fatal fetal conditions that threaten the mother's health.

5. Criminalization of Abortion
   In June 2024, the Texas Supreme Court upheld the criminalization of abortion, reinforcing strict enforcement.

Local Government and City Resolutions

Some Texas cities have taken steps to deprioritize the enforcement of state abortion laws.

6. City Resolutions
   Cities like Austin, Dallas, Denton, El Paso, and Houston have resolutions to deprioritize enforcing state abortion laws. However, violators can still face criminal prosecution and civil penalties.

Parental Involvement and Waiting Periods

Texas has specific laws regarding parental involvement and waiting periods for abortions.

7. Parental Notification Laws
   Early 2000s laws requiring parental notification led to a 21% increase in second-trimester abortions among 17-year-olds.

8. Waiting Periods
   A 2003 law mandates a 24-hour waiting period and requires abortions after 16 weeks to occur in outpatient surgery centers.

9. Woman's Right to Know Pamphlet
   Clinics must provide a pamphlet with factually incorrect medical information to women seeking abortions.

10. Parental Consent Laws
    Enacted in 2005, these laws require parental consent for minors seeking abortions.

Late-Term Abortion Bans and Clinic Regulations

Texas has stringent regulations on late-term abortions and clinic operations.

11. Late-Term Abortion Bans
    A 2005 law bans late-term abortions and restricts funding to organizations providing abortion information or services.

12. Admitting Privileges Requirements
    A federal judge ruled the admitting privileges requirement unconstitutional, but the Fifth Circuit Court of Appeals reversed this, closing most clinics.

13. Restrictive Abortion Laws
    By 2019, Texas had some of the most restrictive abortion laws, effectively banning abortions after 22 weeks.

14. Local Government Restrictions
    In 2019, Governor Abbott signed legislation prohibiting local governments from doing business with organizations providing abortion services.

Trigger Laws and Civil Enforcement

Following the overturning of Roe v. Wade, Texas's trigger laws and civil enforcement measures came into effect.

15. Trigger Laws
    After the Dobbs v. Jackson Women's Health Organization ruling, Texas's trigger laws prohibiting most abortions took effect on August 25, 2022.

16. Civil Enforcement Measures
    The Texas Heartbeat Act (SB 8) allows private citizens to sue anyone involved in providing or intending to provide an abortion after detecting a fetal heartbeat.

Medication and Procedure Restrictions

Texas imposes several restrictions on abortion-inducing medication and specific procedures.

17. Abortion-Inducing Medicine Restrictions
    SB 4 adds restrictions on the use of abortion-inducing medicine, limiting access further.

18. Partial-Birth Abortions
    SB 8 prohibits "partial-birth" abortions and "dismemberment abortions," medically known as dilation and evacuation.

19. Post-Fertilization Age Estimation
    HB 2 requires doctors to estimate the fetus's post-fertilization age and prohibits abortions if the fetus is 20 weeks or older, with some exceptions.

Informed Consent and Ultrasound Requirements

Texas laws mandate informed consent and ultrasound procedures before an abortion.

20. Informed Consent Laws
    HB 15 requires a sonogram before an abortion, with the doctor describing the sonogram unless specific exceptions apply.

21. Medical Risks and Support Discussion
    Physicians must discuss medical risks and support sources with patients, who can review state-published informational materials.

22. Parental Notification for Minors
    Physicians cannot perform abortions on unemancipated minors without notifying a parent or guardian or obtaining a judicial bypass.

Public Funding and Telemedicine Restrictions

Public funding and telemedicine for abortions face significant restrictions in Texas.

23. Public Funding Restrictions
    Public funding is available only for abortions in cases of life endangerment, rape, or incest, limiting access for many women.

24. Telemedicine Restrictions
    The use of telemedicine for medication abortions is prohibited, further restricting access.

Clinic Standards and Six-Week Ban

Texas imposes strict standards on abortion clinics and bans abortions at six weeks.

25. Ultrasound Requirements
    Women must undergo an ultrasound before an abortion, with the provider showing and describing the image. If within 100 miles of a provider, the ultrasound must occur at least 24 hours before the abortion.

26. Abortion Clinic Standards
    Clinics must meet burdensome standards related to their physical plant, equipment, and staffing, making operation difficult.

27. Abortion Ban at Six Weeks
    Abortions are banned at six weeks, except in cases of life endangerment or severely compromised physical health.

Abortion Rates and Access

Texas has seen changes in abortion rates and access over the years.

28. Abortion Rates in Texas
    In 2011, 73,200 women obtained abortions in Texas, a 17% decrease from 2008.

29. Abortion Facilities in Texas
    In 2017, there were 35 facilities providing abortions, a 25% decline from 2014.

30. Access to Abortion Services
    In 2017, 96% of Texas counties had no clinics providing abortions, with 43% of women living in those counties.

31. Travel Distance for Abortions
    In 2014, one-third of patients traveled over 25 miles one way to reach a facility, an issue that persists.

Demographics and Contraceptive Use

Understanding who seeks abortions and their contraceptive use provides insight into the impact of Texas laws.

32. Demographics of Abortions
    Most women seeking abortions are in their 20s, unmarried, economically disadvantaged, and report a religious affiliation. No racial or ethnic group is a majority.

33. Contraceptive Use
    Women not using contraceptives account for more than half of all abortions, highlighting the importance of contraceptive access.

Pregnancy Outcomes and National Context

Texas's pregnancy outcomes and the national context of abortion laws provide a broader perspective.

34. Pregnancy Outcomes
    In 2011, 71% of pregnancies in Texas resulted in live births, and 14% in induced abortions.

35. National Context
    The U.S. Supreme Court recognized the constitutional right to abortion in 1973's Roe v. Wade, but the landscape has grown increasingly restrictive since 2010.

Texas Abortion Laws: A Complex Landscape

Texas abortion laws are among the strictest in the United States. With abortion illegal in most cases, exceptions are rare and often ambiguous. Recent legislative changes, like HB 3058, allow for abortions in specific medical emergencies, but overall access remains limited. Cities like Austin and Dallas have tried to deprioritize enforcement, yet state laws still hold strong.

Parental notification and consent laws, waiting periods, and stringent clinic standards add layers of complexity. The Texas Heartbeat Act and restrictions on abortion-inducing medicine further tighten access. Public funding is minimal, and telemedicine for abortions is banned.

Travel distances to clinics are significant, especially in rural areas. The demographic data shows a diverse group of women seeking abortions, often facing economic challenges. Texas's stance reflects a broader national trend towards restrictive abortion laws, making it a critical battleground in the ongoing debate over reproductive rights.