With Democrats' sweeping victories in Texas, one hotly debated item is back on the table —Texas' abortion ban.
Several Texas Democratic state lawmakers filed various bills on Nov. 9 that look to undo or loosen the state's abortion laws that restrict abortions in the state
. One in particular looks at undoing Texas' abortion bans entirely, while others take narrower approaches, carving out exceptions or rolling back parts of the bans.The move comes as Democrats are set to control the governor's seat and the majority in the Texas House of Representatives. However, Republicans still hold the majority in the Texas Senate.
Here's a quick overview of what the bills seek to do and what current law says.
How do Texas’ current abortion laws work?
In 2021, the 87th Texas Legislature passed the Texas Heartbeat
Bill, also known as SB 8, that prohibited abortions in Texas after cardiac activity is detected.
The law took effect on Sept. 1, 2021, and also opened the door for private citizens to sue abortion providers and others who help individuals get an abortion after a heartbeat is detected.
Also during the same legislative session, HB 1280 — also known as the "trigger ban" that went into effect in 2022 — amends the Health and Safety Code to ban performing an abortion at any stage of pregnancy — from fertilization until birth.
The trigger law carved out one exception — in the event of a life-saving procedure.
Texas Democrats look to chip away, repeal the state's abortion ban
State Rep. Donna Howard, D-Austin, filed House Bill 126, an omnibus bill that looks at repealing Texas' three abortion bans — the 2022 trigger ban, the 2021 SB 8 Heartbeat law and the 1925 pre-Roe ban.
Her bill would also roll back dozens of other abortion restrictions, including parental consent requirements for minors and mandatory waiting periods. The bill would also repeal the state's 2023 ban on gender-transition care for minors.
There are four other bills — two each in the Texas House and Senate — all introduced by Texas Democrats.
The first, introduced by state Rep.-elect Samantha Lopez-Resendez of Austin, is House Bill 948, which looks at repealing all three of Texas’ abortion bans but doesn't go as far as Howard's proposal.
Rep. Rhetta Bowers of Garland introduced HB 987 that would repeal part of the state's abortion ban — the 2022 trigger ban and the 1925 pre-Roe ban — but keep Texas' six-week limit on when a woman could legally get an abortion.
Bowers' bill would also require doctors to examine patients before providing abortion pills and schedule a follow-up visit within 14 days.
In the chamber across the hall, state Sen. Carol Alvarado of Houston filed Senate Bill 231, which would allow abortions for pregnancies that result from rape or incest, and individuals wouldn't have to file a police report or provide evidence to qualify.
SB 243, filed by state Sen. Molly Cook of Houston, would allow abortions when two doctors agree a fetus has a fatal condition — with an ethics committee reviewing cases after 24 weeks of pregnancy.
Cook's bill would also require the state to set standards for comfort care for babies born with fatal conditions.
Mateo Rosiles is the Texas Connect reporter for USA TODAY and its regional papers in Texas, based in Austin. Got a news tip for him? Email him at mrosiles@usatodayco.com.
This article originally appeared on USA TODAY: Could Texas repeal abortion bans? Democrats file bills to try
