Texas law has prohibited abortion after 20 weeks, but has now passed a fetal heartbeat law (discussed in another post dated May 19). But, current law also allows for abortion based on “diagnosis of a severe abnormality of a preborn child.”

Texas Senate Bill S.B. 1173 seeks to prohibit “discriminatory abortion” based on “physical disfigurement, scoliosis, dwarfism, Down Syndrome, albinism, amelia or any other type of physical, mental, or intellectual abnormality or disease.”

The bill was passed by the Senate but needs to pass the Texas House and be signed by the governor to become law. However, the state legislature adjourned May 31, 2021 and is convened in January of odd-numbered years for 140 days. It may be taken up again in January 2023.