The new abortion law in Texas bans nearly all abortions from the moment of fertilization, with the only exception being a life-threatening medical emergency confirmed by a physician. The core statute is the Human Life Protection Act, codified at Chapter 170A of the Texas Health and Safety Code, which took effect after the U.S. Supreme Court overturned Roe v. Wade in June 2022. Two other laws work alongside it: Senate Bill 8, which lets private citizens sue providers and helpers, and House Bill 7, which took effect in December 2025 and targets abortion pills mailed into the state.
What the Ban Actually Prohibits
Under Section 170A.002, no person may knowingly perform, induce, or attempt an abortion.1State of Texas. Texas Health and Safety Code Chapter 170A The prohibition starts at fertilization and has no gestational cutoff. It applies the same way to surgical procedures and to medication abortion. Because the ban is total, the earlier six-week threshold from the Texas Heartbeat Act is largely academic for any procedure performed inside Texas.
The Human Life Protection Act was originally passed as House Bill 1280 in 2021 and written as a trigger law, designed to activate as soon as federal courts stopped blocking state restrictions.2Texas Legislature Online. Texas House Bill 1280 – Human Life Protection Act of 2021 The Dobbs decision did that, and the ban has been in force ever since.
The Only Legal Exception
A Texas physician may perform an abortion only when, using reasonable medical judgment, the doctor determines that the pregnant patient has a life-threatening physical condition aggravated by, caused by, or arising from the pregnancy that places her at risk of death or poses a serious risk of substantial impairment of a major bodily function.1State of Texas. Texas Health and Safety Code Chapter 170A Even then, the physician must try to preserve the life of the fetus when possible, unless doing so would create greater risk to the patient.
Mental health conditions, standing alone, do not qualify. A concern that the patient might harm herself cannot be the basis for the exception. Accidental or unintentional harm to a fetus while treating the pregnant patient for something else is not a violation of the statute.
What Zurawski Clarified for Doctors
In Zurawski v. State of Texas, decided in 2024, the Texas Supreme Court addressed widespread confusion about when the emergency exception applies. The court held that a physician does not need to wait until death is imminent and may act to address a life-threatening condition before the patient suffers its worst consequences. The court defined “reasonable medical judgment” as the judgment a reasonably prudent physician with knowledge of the case and available treatments would make.3Supreme Court of Texas. Zurawski v. State of Texas The court declined to list specific diagnoses that qualify, leaving each clinical decision to the treating physician. Hospitals have reported delays in treating emergency pregnancy complications while legal teams review cases before doctors act.
No Exception for Rape or Incest
Texas law contains no exception for pregnancies resulting from rape or incest.4Texas State Law Library. Is Abortion Illegal in Texas? A patient in those circumstances is subject to the same restrictions as anyone else, and the medical emergency exception is the only route to a legal procedure inside the state.
Penalties for Providers and Helpers
The current version of Chapter 170A, as updated through the 89th Legislature’s second called session in 2025, shifts enforcement toward civil penalties. Section 170A.004 provides that a person may not be criminally prosecuted specifically for violating the abortion prohibition in Section 170A.002.1State of Texas. Texas Health and Safety Code Chapter 170A Instead, a provider who violates the ban faces:
- A civil penalty of at least $100,000 per violation.5State of Texas. Texas Health and Safety Code 170A.005 – Civil Penalty
- Mandatory revocation of any state-issued medical, nursing, pharmacy, or other professional license.1State of Texas. Texas Health and Safety Code Chapter 170A
The statute leaves open other civil or criminal penalties that may be available under separate laws. And none of it reaches the patient. Under Chapter 170A, the pregnant woman on whom an abortion is performed, induced, or attempted cannot be prosecuted.1State of Texas. Texas Health and Safety Code Chapter 170A
Private Citizen Lawsuits Under Senate Bill 8
Senate Bill 8 added a second enforcement track that runs parallel to Chapter 170A. Any private citizen who is not a government employee acting in an official capacity can sue a provider who performs a prohibited abortion, or anyone who knowingly helps make one happen.6State of Texas. Texas Health and Safety Code 171.208 – Civil Liability for Violation or Aiding or Abetting Violation “Helping” is defined broadly to include paying for the procedure, reimbursing it through insurance, providing transportation, or any other conduct that aids the abortion.
A successful plaintiff is entitled to at least $10,000 in statutory damages per violation, plus court costs and attorney’s fees from the defendant.6State of Texas. Texas Health and Safety Code 171.208 – Civil Liability for Violation or Aiding or Abetting Violation Defendants who win still pay their own legal bills. Plaintiffs have up to four years from the alleged violation to file.
SB 8 also strips several common defenses. A provider cannot argue that they believed the law was unconstitutional, that they relied on a court decision later overruled, or that the patient consented.6State of Texas. Texas Health and Safety Code 171.208 – Civil Liability for Violation or Aiding or Abetting Violation As with Chapter 170A, SB 8 does not allow suits against the patient, but the breadth of the “aids or abets” language means a friend who drives someone to a clinic or a relative who helps pay could be exposed. The Texas State Law Library has noted that the statute does not define “aids or abets” and that courts will shape its reach over time.7Texas State Law Library. What Does the Texas Heartbeat Act Say About Abortions?
Abortion Pills Mailed Into Texas
House Bill 7, in effect since December 2025, targets abortion medication prescribed through telehealth and sent into the state. It creates civil penalties for healthcare providers who make abortion drugs available to Texas patients, including by mail or out-of-state telehealth. Enforcement runs through private lawsuits, with a minimum penalty of $100,000 per violation. Drug manufacturers may also be sued. The law does not allow suits against the patient who receives the medication. HB 7 is the state’s most direct response to physicians in other states who prescribe and ship abortion pills across state lines.
Traveling to Another State
No Texas statute currently makes it illegal for a resident to travel to another state for a legal abortion. The Texas Attorney General’s office has taken the position that cities cannot use taxpayer funds to help residents travel out of state for the procedure, calling such programs a violation of the Texas Constitution’s gift clause and describing them as unlawful “abortion tourism.”8Office of the Attorney General of Texas. Attorney General Ken Paxton Successfully Stops San Antonio from Illegally Using Taxpayer Funds to Pay for Out-of-State Abortion Travel Several local jurisdictions have passed ordinances modeled on SB 8 that try to restrict the use of local roads to transport someone for an abortion, with enforcement through private lawsuits rather than criminal charges. Whether SB 8’s civil liability for aiding or abetting reaches help with a procedure performed legally in another state has not been decided by any court.
What the Ban Does Not Reach
The definition of “abortion” that governs Chapter 170A refers to terminating a pregnancy and explicitly excludes contraceptives, birth control devices, procedures to remove an ectopic pregnancy, and procedures to remove a fetus that has already died.9State of Texas. Texas Health and Safety Code 170A.001 – Definitions Emergency contraception and standard birth control remain legal.
In vitro fertilization sits in a less certain place. Texas has not written any explicit exemption for IVF embryos into the statute, and the disposal of unused embryos could in theory raise questions under a law that protects life from fertilization. No Texas court has ruled on the issue, and no enforcement action against an IVF clinic has been reported, but the silence of the statute leaves fertility providers and patients to operate without a clear answer.