| | '''Texas Senate Bill 8''', informally and unofficially known as the '''Texas Heartbeat Act''', is a legislative bill passed by the Texas Legislature during its regular session in 2021. It became the 14th state to pass the [[Heartbeat Bill]]. The principal author of the legislation is the [[Republican Party|Republican]] state Representative [[Briscoe Cain]] of [[suburb]]an [[Houston, Texas|Houston]], a young but long-time member of the [[pro-life]] community.<ref>{{cite web|url=https://www.lifenews.com/2021/11/01/meet-rep-briscoe-cain-whose-abortion-ban-has-saves-the-lives-of-thousands-of-babies/|title=Meet Rep. Briscoe Cain, Whose Abortion Ban Has Saves the Lives of Thousands of Babies|publisher=lifenews.com|date=November 1, 2021|author=Kristan Hawkins|accessdate=December 6, 2021}}</ref> | | '''Texas Senate Bill 8''', informally and unofficially known as the '''Texas Heartbeat Act''', is a legislative bill passed by the Texas Legislature during its regular session in 2021. It became the 14th state to pass the [[Heartbeat Bill]]. The principal author of the legislation is the [[Republican Party|Republican]] state Representative [[Briscoe Cain]] of [[suburb]]an [[Houston, Texas|Houston]], a young but long-time member of the [[pro-life]] community.<ref>{{cite web|url=https://www.lifenews.com/2021/11/01/meet-rep-briscoe-cain-whose-abortion-ban-has-saves-the-lives-of-thousands-of-babies/|title=Meet Rep. Briscoe Cain, Whose Abortion Ban Has Saves the Lives of Thousands of Babies|publisher=lifenews.com|date=November 1, 2021|author=Kristan Hawkins|accessdate=December 6, 2021}}</ref> |
| − | | + | The legislation, which took official effect on September 1 (the start of the state's fiscal year, when all new legislation formally takes effect in most cases), would prevent [[abortion]]s once a fetal heartbeat is detected (generally, within six weeks after pregnancy) except in cases of medical emergency. |
| − | The Act, which took official effect on September 1 (the start of the state's fiscal year, when all new legislation formally takes effect in most cases), would prevent [[abortion]]s once a fetal heartbeat is detected (generally, within six weeks after pregnancy) except in cases of medical emergency. | |
| | However, it has a unique enforcement provision: no "officer or employee" of the state or any local government has authority to enforce the Act, and thus opponents of the law have no one to sue to try to block it. Instead, any private citizen may enforce the Act against 1) the abortion provider who performed the procedure, 2) any insurance company which covered the cost, or 3) any person "aiding and abetting" in the abortion (notably, however, the woman who had the abortion is specifically exempt from being sued). If successful, the private citizen may obtain an injunction, along with $10,000 ''per instance'' along with court costs and attorneys' fees. | | However, it has a unique enforcement provision: no "officer or employee" of the state or any local government has authority to enforce the Act, and thus opponents of the law have no one to sue to try to block it. Instead, any private citizen may enforce the Act against 1) the abortion provider who performed the procedure, 2) any insurance company which covered the cost, or 3) any person "aiding and abetting" in the abortion (notably, however, the woman who had the abortion is specifically exempt from being sued). If successful, the private citizen may obtain an injunction, along with $10,000 ''per instance'' along with court costs and attorneys' fees. |