Legal FAQs
Where can I find Texas laws on abortion?
In 1973, the U.S. Supreme Court issued a decision in Roe v. Wade, 410 U.S.113 (1973). The opinion stated that Texas laws criminalizing abortion were unconstitutional. However, the court’s decision left room for states to regulate abortions in certain ways.
Since then, Texas has enacted many state laws regulating abortion. Many are found in the Woman’s Right to Know Act, Chapter 171 of the Texas Health & Safety Code. Those laws cover various topics, including:
- who can perform an abortion
- when and where an abortion can be obtained
- how a pregnant patient must provide informed consent
- recordkeeping and documentation requirements
If you need assistance locating a particular abortion law, please use our Ask a Librarian service.
Texas abortion laws
Below we highlight some prominent abortion laws. This is not an exhaustive list. A search of the Texas statutes points you to a full set of all the statutes that mention abortion.
Topic | Texas Statute | Description |
Texas "trigger" law |
Chapter 170A, Texas Health & Safety Code |
This law contains a "trigger" provision that would take effect 30 days after federal law allowed individual states to prohibit abortions. The law prohibits almost all abortions. It became effective the summer of 2022. Learn more in our FAQ Does Texas have trigger laws related to abortion? |
Texas Heartbeat Act, Senate Bill 8 |
Subchapter H, Chapter 171, Texas Health & Safety Code |
This law prohibits a physician from performing or inducing an abortion after a "fetal heartbeat" is detected. Learn more in our FAQ What does Senate Bill 8 say about abortions? |
Abortion-inducing medications |
Subchapter D, Chapter 171, Texas Health & Safety Code |
This subchapter regulates the use of abortion-inducting drugs. It prohibits the use of abortion-inducing drugs on a patient whose pregnancy is more than 49 days (7 weeks) of "gestational age." It also prohibits any person from providing any abortion-inducing drug by courier, delivery, or mail service. |
20-week ban |
Subchapter C, Chapter 171, Texas Health & Safety Code |
This subchapter is known as the Preborn Pain Act, which prohibits abortion 20 weeks "post-fertilization." |
Physician admitting privileges |
Section 171.0031, Texas Health & Safety Code |
This statute requires a physician performing an abortion to have admitting privileges at a hospital no further than 30 miles from where the abortion is performed. |
Sonogram law |
Subchapter B, Chapter 171, Texas Health & Safety Code |
This subchapter requires a sonogram before an abortion is performed. The physician who will perform the abortion must provide a verbal explanation of the sonogram images. The patient must also sign an election form stating they understand the nature and consequences of an abortion. |
Women’s Right to Know Act |
Chapter 171, Texas Health & Safety Code |
Added in 2003, this chapter contains many of the abortion restrictions discussed on this page. |
Parental notification |
Chapter 33, Texas Family Code |
This chapter restricts access to abortion for minors and requires physicians to give at least 48-hour notice to the parents of a minor before the abortion can be performed. It also allows a "judicial bypass" in certain cases — see the Judicial Bypass Rules. |
Criminal abortion laws before and after Roe v. Wade |
Pre-Roe: Articles 1191 – 1196 of the Texas Penal Code. You can view these laws in the 1948 publication of the Texas statutes.
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These Texas criminal abortion laws were at the center of the 1973 Roe v. Wade decision. In 1973, shortly after the U.S. Supreme Court decision, the Texas Legislature enacted a new Penal Code that became effective on January 1, 1974. As part of this reorganization of statutes, the criminal abortion laws were moved to the Revised Civil Statutes, Articles 4512.1 – 4512.6. |
Related FAQs & Guides
FAQs
- Is abortion illegal in Texas?
- What does Senate Bill 8 say about abortions?
- Does Texas have trigger laws related to abortion?
Guides
Disclaimer: The State Law Library cannot tell you what a law means for your situation. Please contact an attorney for help determining what the law means for you. If you have questions or need help finding resources, please ask a librarian.
Last updated May 16, 2024