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Relating to prohibition of abortion; providing a civil penalty; creating a criminal offense.
The fiscal implications of the bill cannot be determined at this time due to the inability to identify the impact to all the state programs that would serve the unknown number of children, pregnant women, or families as a result of implementation of this bill.
The provisions of HB 1280 would become effective on the 30th day after a U.S. Supreme Court judgment or constitutional amendment authorizing the states to prohibit abortion or Roe v. Wade (1973) is overturned.
HB 1280 would prohibit abortion unless a licensed physician makes a reasonable medical judgment that not performing the abortion would put the pregnant mother at a serious risk of death or substantial impairment due to a life-threatening physical condition. The physician would have to perform the abortion in a manner that provides the best opportunity for the unborn child to survive unless doing so poses a greater risk of the mother’s death or impairment.
Violation of the prohibition would be a second-degree felony; if the unborn child dies as a result of the offense, it would be a first-degree felony. Each violation of the prohibition would constitute a civil penalty of up to $100,000. The relevant licensing authority would be required to revoke the license of a physician who performs a prohibited abortion. HB 1280 states that the law is not to be interpreted as to impose criminal or civil penalties on a pregnant mother who receives an abortion.
Texas Action does not take a position on issues which are primarily considered social issues. Therefore, Texas Action has a neutral stance towards HB 1280.