Texas Senate passes bill clarifying when doctors can perform medically necessary abortions

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AUSTIN, Texas - The Texas Senate on Tuesday unanimously approved a bill that clarifies when a doctor can perform a medically necessary abortion in the state.

Senate Bill 31, or the "Life of the Mother Act," would allow for a doctor to perform an abortion when the patient is facing a "life-threatening" condition. The condition would be one that's capable of causing the patient's death, but the bill states that the patient doesn't need to be in immediate danger for an abortion to be approved.

On the Senate floor Tuesday, Sen. Bryan Hughes said the bill will standardize the language across the state's laws, so there's no hesitation in an emergency.

Hughes continued by mentioning instances where a patient was not treated when they should have been.

What they're saying:

"We don't have any reason for hesitation, and we want to make sure the doctors are trained on what the law is," Hughes said.

The bill would require training for doctors that might find themselves needing to make that decision. It would also provide training to attorneys that might represent doctors or facilities.

Hughes said the bill had input and the approval of anti-abortion groups, but also medical associations.

"Since 2021, abortions in Texas have essentially ceased. As a Christian and a conservative, I celebrate that tens of thousands of tiny Texans have been saved and that Texas has led the way in protecting life nationwide," Lt. Gov. Dan Patrick said after the bill's passage. "SB 31, which is only designed to provide legal clarity for doctors in rare cases when a mother’s life is threatened, is supported by Texas Right to Life, Texas Alliance for Life, and other life groups. I thank Sen. Hughes for his continued passionate defense of life."

Sen. Carol Alvarado called the bill a "good step forward."

"I believe this bill will save lives, which is why I'm supporting it, not only supporting it, but co-sponsor with you," Alvarado said. "I hope that we can come back and do the same for women who are dealing with devastating fetal anomalies and women and girls who survived the horror of rape or incest. Texas women deserve better."

Lawmakers call for more exceptions

The other side:

Despite the bill passing unanimously, many lamented the fact that there were no exceptions added for rape and incest.

"I hope one of these days this body finds it in their heart to allow that exception," Alvarado said.

Sen. Roland Gutierrez was among those who called for an amendment to the bill that would allow exceptions for rape and incest.

He said if he were in a situation where his child had been raped, he would "go to some other state, so that my daughter would be able to get beyond that horrible moment."

"We have the power to do that today," Gutierrez said. "And you don't want to do it."

Hughes said in those situations it was the rapist that needed to be punished.

"We wouldn't take the life of a little unborn child," Hughes said. "A horrible situation we could make even worse by taking a life."

What's next:

The bill now heads to the House where it would need to be approved before being sent to the governor's desk.

Current Texas abortion ban

Texas law currently prohibits all abortions, including in cases of rape or incest, except in instances to save the life of the mother. Physicians can face up to 99 years in prison and be fined up to $100,000 if they perform an illegal abortion.