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1990s[edit]

Following the US Supreme Court ruling in Roe v. Wade in 1973, the State of Texas decided not to repeal abortion laws on the books that had become unconstitutional and unenforceable.[1] A law passed in 1992 said that only Texas-licensed physicians could perform an abortion in the state.[1] A law passed in 1997 gave physicians, nurses, health care provider employees and hospital employees who objected to abortions the ability to refuse to participate directly or indirectly in the procedure. Private hospitals were allowed to refuse the use of their facilities to provide abortion services unless a physician determined that the pregnant woman's life was in immediate danger.[1]

Twenty-one abortion-related bills were introduced in the Texas legislature in 1997. Five were eventually enacted: TX SB 407 (1997), TX SB 1534 (1997), TX HB 1 (1997), YX HB 39 (1997), and TX HB 2856 (1997). TX SB 86 (1997) reached a floor vote but did not pass.[1] TX SB 407 allowed for the Texas Department of Health to suspend the license of an abortion facility if the health and safety of people using the facility were threatened. This bill was introduced by Senator Chris Harris on February 5, 1997, and passed on February 18, 1997, by a voice vote. It then continued to the House, where it passed by a voice vote on April 18, 1997, before being signed into law by Governor George W. Bush on May 1, 1997.[1] TX SB 1534 dealt with funding, stating that no state funding could be used to support, either directly or indirectly, abortion or abortion-related issues. Introduced by Democratic Senator Gonzalo Barrientos on March 20, 1997, the wording about abortion was only added to the legislation during negotiations between the House and the Senate, with the amended version passing both houses in mid-May 1997.[1] TX HB1 said that funds allocated for the Department of Health for family planning services could not be used by the Department of Health or any organizations it provides money to in support of abortion services, either directly or indirectly. This included a proviso that said this was organization-wide, not just as it relates to specific facilities.[1] Representatives Republican McCall, Democrat Leticia Van de Putte, Democrat Gray, Democrat Greenberg and Republican Solomons introduced TX HB39 on January 28, 1997. Originally only about genetic testing with no mention of abortion, the legislation was amended by the Senate, stating that genetic testing of a fetus could not be done on the fetus without the consent of the mother and that the results of any subsequent genetic testing could not be used to compel or coerce a woman into getting an abortion, including having an insurance company threaten the eligibility of health care coverage. These changes were then passed by the House and the bill was signed into law by Governor Bush on June 20, 1997.[1]

TX HB 2856 put in new requirements for abortion clinics, inspection procedures of clinics and a clinic's ability to advertise. It said the Texas Department of Health had to assign each licensed abortion clinic a unique number, clinics needed to have this number in any advertising materials and created a toll-free number people could call to check the status of a clinic's license. Information on the toll-free number had to be provided to women seeking abortion services by the facility offering them at the time of appointment. This law underwent some changes before being passed by voice vote in the House on May 13, 1997, and by a vote of 31 - 0 in the Senate on May 26, 1997. It was signed into law by Governor Bush on June 19, 1997.[1] TX SB 96 reached a floor vote but was eventually removed from consideration following a point of order on May 27, 1997. It would have required minors seeking abortions without parental consent to have the procedure first approved by a physician not located at an abortion clinic certifying the need for the abortion because of physical, sexual or emotional harm caused by continuing the pregnancy. It would have also required minors to wait 48 hours before being able to have an abortion after their physician contacts their parents to notify the parents of approval for the procedure.[1]

  1. ^ a b c d e f g h i j Cite error: The named reference :32 was invoked but never defined (see the help page).