| − | '''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. | + | '''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. |
| | 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. | | 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. 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. |
| | It is the latter provision which has proven controversial: ride-share service Lyft has already agreed a "Drivers Defense Fund" to reimburse any of its drivers who are sued under the act (who may or may not even know they took a woman to an abortion appointment, as the rider is not required to tell the driver the purpose of a trip, and the driver has no right to ask; competitor ride-share service Uber later announced they would do likewise), and Texas Right To Life has had its website taken down by its host provider (the infamous GoDaddy.com, known for its risque advertising). | | It is the latter provision which has proven controversial: ride-share service Lyft has already agreed a "Drivers Defense Fund" to reimburse any of its drivers who are sued under the act (who may or may not even know they took a woman to an abortion appointment, as the rider is not required to tell the driver the purpose of a trip, and the driver has no right to ask; competitor ride-share service Uber later announced they would do likewise), and Texas Right To Life has had its website taken down by its host provider (the infamous GoDaddy.com, known for its risque advertising). |