The bill would only go into effect, however, 30 days after the Supreme court issued a judgment “overruling, wholly or partly, Roe v. Wade, as modified by Planned Parenthood v. Casey.” The 1973 Roe decision legalized abortion nationwide and prohibited states from banning “pre-viability” abortions. The 1992 Planned Parenthood ruling upheld Roe and established a new test, prohibiting state abortion regulations from imposing an “undue burden” on abortion.
Alternatively, Texas’ “trigger” law would also go into effect after any Supreme Court decision or constitutional amendment that permitted states to ban abortion.
The Texas Senate passed the bill on May 25 by a vote of 19 to 12. On May 6, the Texas House of Representatives approved the bill by a vote of 81 to 61. The bill was sponsored in the Senate by state Sen. Angela Paxton (R) and in the House by Rep. Giovanni Capriglione (R).
The Human Life Protection Act of 2021 is essentially the opposite of bills in states such as New York, Vermont, and Massachusetts, which codified a right ot abortion even if the Supreme Court were to rule otherwise.
Also on June 16, Abbott signed a bill preventing public agencies and officials from ordering a house of worship closed, or issuing an order that effectively closes churches.
House Bill 1239 states “A government agency or public official may not issue an order that closes or has the effect of closing places of worship in this state or in a geographic area of this state.”