Timeline of Abortion Laws in Texas

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Timeline of Abortion Laws in Texas
1973

All women have
access to abortion,
and Medicaid
covers abortion.

1977

Roe v. Wade

1985

Hospitals and individuals can refuse to allow
or provide abortions regardless of the reason.

Only a physician licensed by the
state may provide abortion care.

Tex. Occ. Code §§ 103.001 - 103.004

Tex. Health & Safety Code § 245.010(b)

1999

1989

A woman under age 18 cannot get an abortion until 48 hours after the
physician tells at least one of her parents either in person or by phone.

Medicaid cannot cover an abortion
except in cases of life endangerment.

Tex. Fam. Code §§ 33.001 - 33.008

Tex. Health & Safety Code § 32.005

2003

2005

A woman must wait 24 hours before the procedure is
provided. The doctor must also give the woman governmentwritten materials about abortion, including realistic photos
of what a fetus looks like at two-week intervals, and must
talk about medical assistance benefits for pre-natal care and
childbirth. Doctors are required to give patients medically
inaccurate information, such as telling them that abortions
can cause breast cancer.
Tex. Health & Safety Code §§ 171.011 - 171.016

Doctors must give women a state-mandated list of groups for
counseling that includes anti-abortion organizations. These
organizations give women medically inaccurate information
and try to pressure them out of having an abortion.

2006

Prohibits the Department of Human
Services from contracting with health
care facilities or individuals who provide
abortion care or are affiliated with
facilities that provide abortion care.
State funding for crisis
pregnancy centers (CPCs),
a type of non-profit
organization established
to counsel pregnant women
against having an abortion.

2011
Prohibits the Department of Human
Services and its employees from
referring women to organizations that
provide or “promote” abortion care.

Legislative Budget Board, Conference Committee

Requires abortions performed at or after 16 weeks to be
performed in a licensed hospital or ambulatory surgical center.

Tex. Hum. Res. Code § 32.024 (2011)

State funding for a “Choose
Life” license-plate program that
sends money to an anti-abortion
organization.

Texas Health & Safety Code § 171.004

2015

22 Tex. Admin. Code § 165.6

Tex. Hum. Res. Code § 32.024 (c-1)

Report on SB1, S. 79, Reg. Sess., at 11-109 (2005).

Tex. Health & Safety Code § 171.013 - 171.015

2006: Requires a parent’s
written consent to be notarized
before a woman under the age
of 18 can get an abortion.

2013

Tex. Gov’t Code §§ 402.036-402.037;
Tex. Transp. Code § 504.662

Makes it more
difficult for women
under the age of
18 to go through
the court system
in order to waive
parental consent
before obtaining
an abortion.
Texas Family Code § 33.002
- 33.003

Requires health centers that
provide abortions to meet
building standards designated for
ambulatory surgical centers.

Bans abortion after 20 weeks,
unless the woman’s life or health
is at risk or in the case of a severe
fetal anomaly.

Tex. Health & Safety Code § 245.010

Tex. Health & Safety Code §§ 171.041–.048

Requires doctors who provide
abortions to become part of
the admitting staff at a nearby
hospital that provides obstetrics/
gynecological care.

Prohibits anyone other than
a physician from dispensing
abortion-inducing medication.
Also requires that the woman
and physician both be present at
a licensed abortion facility when
the abortion pill is taken. And the
physician must schedule a followup visit no more than fourteen
days after the abortion-inducing
medication is taken.

Tex. Health & Safety Code § § 171.0031

Nothing in the regulations requires
hospitals to grant this privilege
25 Tex. Admin. Code § 139.56. Tex. Health &
Safety Code § 245.017 (Enacted 1997)

Requires a doctor to perform a
sonogram on a woman seeking an
abortion at least 24 hours prior to
performing the abortion. The doctor
must display the sonogram image in
front of the woman, provide a verbal
explanation of the image (including
descriptions of the fetus, its heart
activity, and its internal organs), and
provide an opportunity for the woman
to hear the fetal heartbeat.
Tex. Health & Safety Code § 171.012,

Tex. Health & Safety Code §§ 171.061 - .064

Proposed
Abortion
Legislation
in Texas
in 2015

SB1870: Would require state agency rules and planning
measures to be guided by the principle that life begins
at conception.
SB 1872/HB3130/HB1435/SB575: Would prohibit
qualified health plans offered through HealthCare.gov
from providing coverage for an abortion unless
the woman’s life or physical wellbeing is at risk.
SB 1869: Would require women seeking an abortion to
take an adoption options and parenting resource session
prior to the procedure.
HB 3447: Would amend existing law to include more
requirements relating to the minimum standards
applicable to abortion facilities.
HB 3446: Would require health centers that perform more
than 50 abortions a year to conspicuously display a sign
in each patient admission area, waiting room, and patient
consulting room.
HB 1976: Would remove “severe fetal abnormality” from
the exceptions to the ban on abortions after 20 weeks.

HB 2924: Would prohibit the Texas Department of Health
from providing written information that presents abortion
as an option for parents who find out their unborn child
has Down Syndrome or any other health condition.
SB 831/HB1648: Would require a physician to give a
woman a “coerced abortion form” before performing an
abortion. The physician performing the abortion must also
verbally inform the woman that a person cannot coerce or
force her to have an abortion and that the physician cannot
perform the abortion unless the woman provides her
voluntary and informed consent.
HB 1942: Would disclose the names of judges who approve
abortion applications for women under the age of 18.
SB 477/HB 205: Would prohibit abortion providers (like
Planned Parenthood) or their affiliates from providing sex
education or family planning instruction in public schools.
HB 832: Would require physicians who perform
abortions at abortion facilities to complete and submit
a monthly report to the health department on each
abortion performed.

HJR 126: Proposes a constitutional amendment
guaranteeing the right to life of unborn children and
banning abortion to the extent authorized under federal
constitutional law.

HB 113: Would create civil and criminal penalties for
knowingly performing or coercing performance of an
abortion for purposes of sex selection.

SB 1564/HB2531: Would require a physician to provide
written notice to the parent or guardian of a woman
under the age of 18 at least 48 hours before performing
an abortion.

HB 723: Would change the judicial bypass procedure by
demanding a minor meet three requirments instead of just
one, and prohibiting the appointed guardian ad litem and
the attorney ad litem from being the same person.

HB 1901: Would require a hospital to keep a pregnant
woman on life support even if she is declared brain dead
to allow “the unborn child to mature.” Additionally, an
attorney would be appointed to represent the “unborn
child’s interest” in court proceedings.

HB 1218: Would require all sexual education instruction in
public schools to teach that life begins at conception.

93 percent of Texas counties have no abortion clinic.*
The Texas Policy Evaluation Project reports that only 18 abortion clinics remain open in the state.

HB 628: Would give pharmacists the right to
conscientiously object to filling a prescription.

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