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TX SB8
Bill
Status
5/19/2021
Primary Sponsor
Bryan Hughes
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AI Summary
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Prohibits physicians from performing or inducing an abortion after a fetal heartbeat is detected, typically around six weeks of pregnancy, with an exception only for medical emergencies — no exceptions for rape or incest.
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Enforced exclusively through private civil lawsuits rather than government action; any private citizen (other than a government officer or employee) may sue anyone who performs, induces, or aids and abets an abortion in violation of the law, including those who pay for or reimburse the cost of such an abortion.
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Successful claimants are entitled to injunctive relief, statutory damages of at least $10,000 per prohibited abortion, plus costs and attorney's fees, while courts are barred from awarding costs or attorney's fees to defendants even if they prevail.
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Bars the state, political subdivisions, and government officials from directly enforcing the law and preserves sovereign, governmental, and official immunity against any legal challenge to the statute's validity.
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Took effect September 1, 2021, having passed the Texas Senate 18–12 and the House 83–64.
Legislative Description
Relating to abortion, including abortions after detection of an unborn child's heartbeat; authorizing a private civil right of action.
Abortion
Last Action
Effective on 9/1/21
5/19/2021