As we begin Texas’ 89th legislative session, you might be wondering why it matters or perhaps you need a quick refresher on how laws are passed in Texas. Don’t worry, we’re here to clear up any confusion and discuss some of the bills we’re watching that further threaten abortion access in Texas. Even though Texans have already been living in a post-Roe dystopia, where they are forced to travel thousands of miles out-of-state for abortion care, anti-abortion extremists don’t have a limit to their cruel attempts to control people’s bodily autonomy.
What is the Texas legislative session?
Our state officials meet every other year from January to June for a total of 140 days to create and amend state laws. This year’s legislative session began on January 14th. Texas is one of only four states that meets every other year, making it even more important to be aware of and engage in the legislative process.
The Texas Legislature consists of the Texas House of Representatives, which has 150 members, and the Texas Senate, which has 31 members. A key piece of information is that many anti-abortion extremists control both the House of Representatives and the Senate, after flipping a handful of seats during the most recent election cycle.
How does a bill become a law?
Elected officials begin introducing bills prior to the legislative session and it’s typical for thousands of bills to be filed even though most do not make it through the process. In general, proposed bills are referred to a committee that decides whether or not the bill will move forward to be heard on the House or Senate floor. Finally, once a bill passes through both chambers, it makes it to the Governor’s desk where they either sign it into law or veto it.
Here’s a mini breakdown of how a bill becomes a law created by Equality Texas:
Why is it important?
The legislative session marks a time when constituents meet with legislators to talk directly about pertinent issues they are facing and their thoughts on bills. This is a time when it’s especially important to make your voice heard to help shape the policies regarding our healthcare and rights. As an abortion practical support fund that helps Texans travel out-of-state for abortion care, Fund Texas Choice has spent over a decade advocating for bodily autonomy. The legislative session every other year is a crucial time to hold elected leaders accountable and demand that abortion access be protected.
By staying up-to-date and speaking up, you have the opportunity to help shape the political future for Texans. We are grateful to team up with organizations and allies to continue fighting for our fundamental rights and ensure that, at the very least, the abortion crisis in Texas isn’t worsened after this year’s legislative session.
What bills are we watching?
Of the thousands of bills introduced ahead of the legislative session, a few issue areas include: abortion, immigration, public education, LGBTQ+ rights, property taxes, and criminal justice.
The Women and Child Safety Act (HB 991) is a bill that would criminalize abortion and impose civil liability on those who distribute abortion medication. The bill would also create a private civil right of action. Here are some more details:
- The bill would define abortion as a violent act.
- The bill would hold internet service providers accountable for the purchase and sale of abortion pills. That means pro-abortion websites and those of abortion funds would be banned.
- The bill would impose civil liability on those who distribute abortion medication with $10,000 in damages against anyone who funds, distributes, or uses medication that causes abortion.
Unfortunately, these so-called bounty laws are not new to Texans. When Senate Bill 8 passed in Texas, it deputized private citizens to file lawsuits against anyone accused of “aiding and abetting” an abortion. It’s clear that anti-abortion extremists will stop at nothing short of making access to abortion care near impossible.
- HB 1806 prohibits local governments from contracting with, or providing financial support to, entities that offer resources, planning, transportation, childcare, or other “logistical support” for people seeking to obtain an abortion (both in-state and out-of-state).
- HB 818 aims to reclassify abortion drugs as controlled substances, which would make it more difficult for doctors to treat miscarriages as well as other reproductive health concerns often treated with mifepristone or misoprostol. The possession of these drugs without a prescription would be a criminal offense ranging from misdemeanor to felony depending on the quantity.
- HB 1651 would make it illegal to sell abortion-inducing drugs over the internet to a Texas address unless the seller gets the patient to verify that a doctor prescribed the drug after an in-person visit. It would also require patients to disclose which doctor had prescribed the medication.
Last December, the Texas Attorney General, Ken Paxton, sued a New York doctor over accusations that she mailed abortion pills to a Texas resident in defiance of the state’s near-total ban on abortion.
- This legislative session, Paxton will continue his crusade to criminalize abortion with another bill, HB 1004. The overarching priority of this bill is to allow the Attorney General to prosecute abortion-related offenses unilaterally.
- SB 721 would make any entities that assist, refer, or encourage people to obtain abortions (in-state or out-of-state) ineligible for tax incentives and grant funding.
- SB 619 would allow doctors to refuse to provide abortion care if it is against their conscience, except in cases of emergency or life-sustaining treatment.
Bills to Expand Abortion Access
On the flip side, a few legislators are filing bills that would expand the circumstances for when a healthcare provider can legally perform an abortion.
- HB 257 seeks to allow physicians their “best medical judgment” to evade the external review process. It would grant abortions in the case of a patient’s mental health, future fertility issues, and cases where the fetus would not survive after birth.
- HB 395 seeks to allow abortions in the case of rape or incest.
Even though similar bills were filed during the 88th Texas legislative session, they did not receive a hearing, which speaks to the anti-abortion extremist majority in both the Senate and the House.
The focus of the bills mentioned here pertains to abortion rights and reproductive healthcare, but we know that immigrant rights and transgender rights are also under attack. This Texas Tribune list is a great place to learn about other bills that could potentially impact the lives of Texans.
How can you get involved?
There are a few ways to make your voice heard and stay up-to-date. Here are some things you can do right now:
- Find out who represents you by searching your address on the Texas Legislature website and learn about which committees they serve on.
- Contact your representatives via phone or email to address specific legislation.
- Connect to the Capitol wi-fi to register your position on House or Senate bills.
- Testify during committee hearings and share your story, expertise, or opinion.
- Submit oral or written testimony by appearing in person at the Capitol the morning bills are scheduled to be heard in committee.
Who should I be following to stay informed?
@theafiyacenter
@latinainstitute
@lilithfund
@teafund
@janesdueprocess
@avowtexas
@deedsnotwords
@lwvtexas
@txfreedomnetwork
@equalitytexas
@pptxvotes
@fronterafundrgv
@aclutx
@allaboveall
@transtexas
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