Bill

HB 1280

87(R) - 2021
House Public Health
House Public Health
Life
Abortion
Liabilities
Civil Remedies
Crimes

Companion Bill

SB 9

Contact the Author

Giovanni Capriglione

Phone:

512-463-0690

Capitol Office:

Room E2.610

Email:

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Giovanni Capriglione
Greg Bonnen
Todd Hunter
Stephanie Klick
Candy Noble

Co-Author(s)

Charles Anderson
Trent Ashby
Cecil Bell Jr.
Keith Bell
Kyle Biedermann
DeWayne Burns
Travis Clardy
David Cook
John Cyrier
Drew Darby
Jay Dean
Jake Ellzey
James Frank
John Frullo
Cody Harris
Cole Hefner
Justin Holland
Lacey Hull
Jacey Jetton
Kyle Kacal
Ken King
Phil King
John Kuempel
Stan Lambert
Brooks Landgraf
Jeff Leach
Ben Leman
Will Metcalf
Mayes Middleton
Tom Oliverson
Tan Parker
Jarred Patterson
Dennis Paul
Four Price
Ana-Maria Ramos
Glenn Rogers
Scott Sanford
Matt Schaefer
Hugh Shine
Bryan Slaton
Shelby Slawson
Reggie Smith
David Spiller
Phil Stephenson
Lynn Stucky
Valoree Swanson
Ed Thompson
Tony Tinderholt
Steve Toth
Cody Vasut
James White
Terry Wilson

Bill Caption

Relating to prohibition of abortion; providing a civil penalty; creating a criminal offense. 

Fiscal Notes

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. 

Bill Analysis

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.

Vote Recommendation Notes

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.

Contact the Author

Giovanni Capriglione

Phone:

512-463-0690

Capitol Office:

Room E2.610

Email: