Overview of Senate Bill 31

Texas legislators have introduced Senate Bill 31, known as the “Life of the Mother Act,” to clarify the circumstances under which doctors can intervene to save the lives of pregnant patients, amid the state’s stringent abortion regulations. This bill, introduced by Sen. Bryan Hughes, does not alter existing abortion access but aims to remove ambiguities surrounding medical emergencies.

Objectives of the Legislation

Although Texas law permits doctors to perform abortions in situations that threaten a pregnant patient’s life, medical professionals have expressed uncertainty due to vague language and severe penalties associated with the current law. Lt. Gov. Dan Patrick has prioritized this bill, signifying a shift toward addressing the confusion that has led to negative outcomes for some patients.

Key Features of Senate Bill 31

• The bill reiterates that doctors are allowed to perform necessary medical procedures, including the removal of ectopic pregnancies or fetal remains post-miscarriage.
• It aligns the definition of a medical emergency with existing state laws and clarifies that physicians and legal representatives can discuss medically necessary abortions without fear of legal repercussions.
• Importantly, it confirms that physicians are not obligated to delay or withhold life-saving treatments while considering fetal viability.

This legislation will incorporate previous guidance from the Texas Supreme Court, which stated that medical emergencies do not need to be immediate or irreversible for a doctor to act.

Background of Legal Context

Texas has significantly restricted abortion access since 2021, imposing a near-total ban that went into effect following the overturning of Roe v. Wade. The law allows legal penalties, including life imprisonment and hefty fines, for physicians who perform banned abortions. This has led many to hesitate before taking necessary actions, potentially risking patient health.

Responses to the Proposed Bill

While the introduction of Bill 31 represents a step toward addressing medical professionals’ concerns, many abortion advocates argue that it falls short of restoring broader access to abortion services. Critics assert that doctors should not be subject to legislative constraints when making decisions crucial to their patients’ health.

In addition to Senate Bill 31, SB 33, another priority bill, aims to prevent local governments from supporting abortion funds and programs that assist individuals in accessing abortions outside Texas.