A Texas law that prohibits almost all abortions went into effect in 2022.

Chapter 170A of the Texas Health & Safety Code prohibits abortions in nearly all circumstances. Section 170A.002 prohibits a person from performing, inducing, or attempting an abortion. 

Are there any exceptions?

Some states with abortion bans have exceptions to the law in cases of rape or incest, but the Texas law does not. 

There is an exception for situations in which the life or health of the patient is at risk. In order for the exception to apply, three factors must be met:

• A licensed physician must perform the abortion.
• The patient must have a life-threatening condition and be at risk of death or "substantial impairment of a major bodily function" if the abortion is not performed. "Substantial impairment of a major bodily function" is not defined in this chapter.
• The physician must try to save the life of the fetus unless this would increase the risk of the patient's death or impairment. 

There are additional situations where the exception for the life or health of the patient does not apply. Please read the entirety of Section 170A.002 for more details.

What are the penalties?

Chapter 170A includes various consequences for anyone who provides a prohibited abortion. The penalties do not apply to a patient who receives an abortion, according to Section 170A.003.

If a person performs a prohibited abortion, they could: 

• be charged with a first or second degree felony, depending on whether the abortion resulted in the death of the fetus;
• have their license or permit revoked if they are a physician or health care professional; and
• be subject to a civil penalty of at least $100,000, plus attorney's fees and court costs.

The civil penalty is in addition to any other civil liabilities a person may face. For example, Section 171.208 of the Texas Health & Safety Code also allows civil suits related to prohibited abortions. 

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