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Abortion Laws

This guide discusses the developments in laws related to abortion following the Dobbs v. Jackson Women's Health Organization ruling.

Criminal Penalties

New "Affirmative Defenses" for Physicians and Pharmacists

The 88th Legislature passed a bill protecting doctors who treat some pregnancy complications. House Bill 3058 provides a defense to lawsuits and criminal penalties under Texas Health & Safety Code Chapter 170A. It protects doctors who terminate a pregnancy to treat the following life-threatening complications:

  • Ectopic pregnancy; or
  • Previable premature membrane rupture.

This bill also protects pharmacists and pharmacies.

This bill will go into effect on September 1, 2023.

Texas Law

Understanding the Law

Texas Law

Texas law contains several criminal penalties related to providing abortions.

Note The patient who obtains an abortion is rarely at risk of criminal penalties under Texas's statutes. More often, the criminal penalties apply to the person performing the abortion.

Laws in Effect Prior to the Activation of the "Trigger Law"

Laws Taking Effect with the Activation of the "Trigger Law"

For more details about what the "trigger law" is and what it means, please see the "Trigger Laws" page.