Texas lawmakers have taken a significant step in clarifying the state’s abortion ban exceptions by passing Senate Bill 31, also known as the Life of the Mother Act. The legislation was approved by the Texas House of Representatives on Thursday with a bipartisan vote of 134-4, and now awaits the signature of Governor Greg Abbott to become law.
Senate Bill 31, authored by Senator Bryan Hughes (R-Mineola), addresses growing concerns among healthcare providers regarding ambiguity in current abortion statutes. The bill makes clear that physicians do not need to wait until a pregnant woman experiences physical harm or imminent risk before performing a medically necessary abortion in life-threatening cases.
“A life-threatening physical condition is not necessarily one actively injuring the patient,” the bill states.
The legislation explicitly allows abortion in cases such as ectopic pregnancies, and affirms that risk to the mother does not need to be imminent or result in physical impairment for medical action to be taken. The bill also reinforces that doctors must always aim to provide “the best opportunity for survival of an unborn child,” while permitting exceptions if continuing the pregnancy would pose greater danger to the mother’s life or major bodily functions.
Additionally, S.B. 31 outlines protections for medical professionals and legal counsel. The bill clarifies that discussions between doctors and patients to reach a reasonable medical judgment, and communications between attorneys and doctors, do not constitute “aiding and abetting” under Texas abortion laws.
Currently, Texas maintains a near-total abortion ban, with only a broad exception for life-saving situations. Senator Hughes emphasized that S.B. 31 was crafted in response to testimony and reports that physicians were delaying or denying care due to fear of legal repercussions under vague language in the existing law.
This legislation comes in the wake of the state’s first arrest under the abortion ban. In March, Texas Attorney General Ken Paxton announced the arrest of Maria Margarita Rojas, a midwife accused of providing illegal abortions in the Houston area. Her clinics were ordered temporarily closed, a decision now under appeal.
With Texas lawmakers clarifying abortion ban exceptions, S.B. 31 aims to provide clear guidance to healthcare professionals and ensure that pregnant patients facing medical emergencies receive timely and necessary care without legal uncertainty.
