Senate passes "Life of The Mother Act”

The Senate approved a measure on Tuesday which clarifies that pregnancies that threaten the life of the mother do not fall under the state’s abortion prohibition. When the Supreme Court overturned the 1974 Roe v. Wade decision in 2022, the state’s ban on abortion, which is contained in a number of statutes across the penal code, came back into effect. 

“These laws,” Mineola Senator Bryan Hughes said, “still recognized exceptions to medically necessary abortions for pregnancies that threaten the life of the mother, including ectopic pregnancies and undelivered miscarriages.” 

He said that he is aware of at least 150 instances where women received abortions in life threatening situations. 

“In most cases, doctors and hospitals are following the law, and those moms in those hard situations are being treated,” Hughes said. “We know there are cases where moms facing situations where they should be treated have been denied treatment.” 

In some of those cases, the pregnant women experienced severe medical complications and even death. Hughes’s bill, SB 31, would clarify the law to remove the uncertainty that may have led to these outcomes. 

The bill clarifies that abortions may be performed when a pregnancy threatens the life or may cause serious medical impairment to the mother. In cases where care has been delayed or denied, Hughes said doctors – or the lawyers advising them – may have hesitated due to uncertainty over whether they may be violating state law. 

“Because of cases like that, we all thought it important that the law be crystal clear – we don’t want to have any reason for hesitation,” he said. The bill would ensure that all state statutes relating to prohibitions on abortion include the same medical emergency exception language. SB 31 would also clarify that the threat to a mother’s health need not be imminent, but that it could progress to that point if not addressed. “If a mom has that condition, and the docs can see where it’s going, they don’t have to wait until the mom gets even worse before they treat her,” said Hughes. 

The bill also includes continuing education requirements, for both doctors and the lawyers that advise them, on the state of abortion law in Texas and under what conditions doctors may perform a legal abortion. These courses would be mandatory to receive or renew a license to practice obstetrics in the state of Texas. The bill also explicitly reaffirms that women are not in legal jeopardy for seeking or obtaining an abortion.

Houston Senator Carol Alvarado, a pro-choice legislator who cosponsored the bill, said that many predicted these outcomes should Roe be overturned. Now that it is the law in Texas, however, she supports efforts to ensure that women do not face serious health risks or death because of a lack of clarity among healthcare or legal providers. “I believe this bill will save lives, which is why I’m supporting it,” said Alvarado. Still, she lamented that the bill didn’t also include exceptions for rape or incest or for fatal congenital abnormalities. “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 have survived the horror of rape or incest.”

Abortion has long been one of the most hotly contested issues in state and national politics, but the bill received unanimous approval in the Senate from both pro-life and pro-choice members. Reducing maternal mortality is something everyone wants, said Hughes, and after passage of the bill he expects all relevant stakeholders to row in the same direction. 

“The agreement is, this bill passes and the hospital association, the medical association, all of these groups are going to, with one voice, tell the medical community, and moms and everyone else: here’s the law in Texas, it’s clear. Let’s follow the law,” he said.

SOURCE Texas Senate News