Texas Senate Bill 31 looks to eliminate emergency abortion 'loopholes'

Texas lawmakers took up a trio of bills that aim at strengthening some of the strictest abortion laws in the nation. 

But one bill is intended to clarify when doctors can perform an abortion during an emergency — a situation some doctors say has been murky.

Life of the Mother Act

What we know:

When the Texas Heartbeat Act was established in 2021, medical professionals across the lone-star state claimed it muddied the waters on what constituted a medical emergency, allowing an abortion to be performed, legally, and without repercussions.

Senate Bill 31, dubbed the "Life of the Mother Act", seeks to get clinicians on the same page.

It also comes after the news outlet Propublica reported on three Texas women, including 28-year-old Josseli Barnica, who died after not receiving critical care during miscarriages.

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According to the ProPublica report, a 28-year-old woman was in a Houston hospital bed for 40 hours, dilated and with her uterus exposed to bacteria before she delivered her deceased son. Her medical team said they could not act until a fetal heartbeat was no longer detected. She died of sepsis three days later.

Abortion Bill Loopholes

Dig deeper:

Also in committee on Thursday, was Senate Bill 33 and Senate Bill 28-80 were debated. 

SB 33 is to close "loopholes" that supporters say some cities have exploited using public funds to support out-of-state abortion travel.

"SB 33 bans the logistical support, which includes child care, transportation to or from abortion providers, lodging and meals. Overall, Senate Bill 33 ensures that, local governments comply with Texas pro-life laws," said State Senator, Donna Campbell of Texas District 25.

This would implement criminal penalties for people and organizations who fund others' abortions. It also aims to crack down on those who mail abortion-inducing medications into the state.

What they're saying:

"The intent of this bill is to remove any excuse from a doctor or a hospital treating a mom, for example, with an ectopic pregnancy, or a mom who's suffered a miscarriage or situations like that. To remove any question, any hesitation," said State Senator, Bryan Hughes of Texas District 1.

"This will protect doctors and civil suits. It will protect them in criminal prosecution as well as any discipline from the medical board," said Texas Right to Life President, Dr. John Seago.

The other side:

Reaction to the bills are drawing swift criticism from many women's health advocacy groups.

"This is more about control than it is about protecting people or protecting their health or protecting life," said Denise Rodriguez of the Texas Equal Access fund. 

Rodriguez works for Texas Equal Access Fund, an organization funded through private donors which helps Texas women get access to abortions in other states.

Under the new legislation, she and her group could be prosecuted.

"Anybody who is thought to have helped somebody access care… like somebody who gave somebody a ride to the airport, somebody who helped them pay for the procedure or facilitated in some way," said Rodriguez.

She accuses some lawmakers of intentionally "disguising" pieces of the legislation to avoid a bigger fuss.

"It is a political Trojan horse. It's being marketed as a way to provide clarity for physicians and hospitals to be able to provide emergency medical care for pregnant Texans who are facing emergencies. But it doesn't do that," said Rodriguez.

What's next:

The timeline is unclear about when the trio of bills will be voted on or whether there's any indication they'd then pass the house.