Estimated Time to Read: 9 minutes
In our most recent data project, we dig into the data surrounding abortion in Texas. Recently, the Texas Health and Human Services Commission (HHSC) revealed that there have been virtually no elective abortions performed in Texas this year (2024). This significant development comes in the wake of both the Texas Heartbeat Act and the Dobbs Decision by the United States Supreme Court. Both have aided in curbing abortion rates and protecting fetal life from the moment a heartbeat is detected.
The Data
| Year | Total # Reported in Texas | % Change | Out of State/Country Residents | % Change | Total Texas Residents | % Change |
|---|---|---|---|---|---|---|
| 2008 | 81,591 | - | 2,974 | - | 78,330 | - |
| 2009 | 77,850 | -4.59% | 2,526 | -15.06% | 74,835 | -4.46% |
| 2010 | 77,592 | -0.33% | 2,421 | -4.16% | 74,959 | +0.17% |
| 2011 | 72,470 | -6.60% | 2,240 | -7.48% | 70,003 | -6.61% |
| 2012 | 68,298 | -5.76% | 2,056 | -8.21% | 66,098 | -5.58% |
| 2013 | 63,849 | -6.51% | 1,909 | -7.15% | 61,912 | -6.33% |
| 2014 | 54,902 | -14.01% | 1,015 | -46.83% | 53,882 | -12.97% |
| 2015 | 55,287 | -0.70% | 974 | -4.03% | 54,310 | +0.79% |
| 2016 | 54,507 | -1.41% | 1,135 | +16.53% | 53,357 | -1.75% |
| 2017 | 52,669 | -3.37% | 566 | -50.13% | 52,103 | -2.35% |
| 2018 | 54,343 | +3.18% | 456 | -19.43% | 53,887 | -3.42% |
| 2019 | 56,620 | +4.19% | 654 | +43.42% | 55,966 | -3.86% |
| 2020 | 55,175 | -2.56% | 1,226 | +87.46% | 53,949 | -3.60% |
| 2021 | 52,495 | -4.86% | 1,712 | 39.64% | 50,783 | -5.87% |
| 2022 | 21,930 | -58.22% | 4,718 | 175.58% | 17,212 | -66.11% |
| 2023 | No Data | - | No Data | - | 62 | -99.64% |
| 2024 | No Data | - | No Data | - | 21 | -66.13% |
| 17 Years | 899,578 | -73.12% | 26,582 | +58.64% | 871,669 | -99.97% |
Source: Texas Health & Human Services Commission (HHSC)
The Dobbs Decision: A Turning Point in Abortion Law
The Dobbs v. Jackson Women’s Health Organization decision, handed down by the U.S. Supreme Court in June 2022, marked a historic shift in American abortion law. The case centered around a Mississippi law that banned most abortions after 15 weeks of pregnancy, challenging the precedents set by Roe v. Wade (1973) and Planned Parenthood v. Casey (1992).
In a 6-3 ruling, the Supreme Court overturned Roe v. Wade, effectively ending the federal authority on abortion and returning the authority to regulate abortion to individual states. The majority opinion, written by Justice Samuel Alito, argued that the Constitution does not confer a right to abortion and that the issue should be decided by the people and their elected representatives. This decision empowered states like Texas to enforce their own abortion laws, including the Texas Heartbeat Act, also known as the “trigger ban.”
The Texas Heartbeat Act: An Overview
The Texas Heartbeat Act, also known as Senate Bill 8, was signed into law by Governor Greg Abbott (R) in May 2021 and went into effect on September 1, 2021, notably before the Dobbs decision. Authored by State Sen. Bryan Hughes (R-Mineola), the Act prohibits abortions once a fetal heartbeat is detected, which typically occurs around six weeks into pregnancy. This law is one of the strictest abortion regulations in the United States, as it allows for no exceptions, including for rape or incest, and only provides exceptions for medical emergencies that could endanger the life of the mother or lead to severe health complications.
Key Provisions of the Texas Heartbeat Act
- Detection of Fetal Heartbeat: The Act requires physicians to test for a fetal heartbeat before performing an abortion. If a heartbeat is detected, the procedure cannot proceed.
- Civil Liability: One of the most controversial aspects of the Act is its enforcement mechanism. Instead of state officials enforcing the law, private citizens are empowered to sue anyone who performs an abortion or “aids and abets” the procedure, which includes medical practitioners, clinic staff, and potentially even those who drive a patient to an abortion clinic.
- Incentives for Litigation: Successful plaintiffs in these civil suits are entitled to a minimum of $10,000 in damages, creating a financial incentive for private enforcement.
Impact on Abortion Rates
Since the enactment of the Texas Heartbeat Act, the state has witnessed a dramatic decline in the number of abortions. According to recent data (collected by the Health and Human Services Commission), there have been zero reported elective abortions this year. This sharp decrease highlights the effectiveness of the legislation in achieving its intended goal of protecting life.
In January 2024, ten abortions were performed deemed medically necessary, all within hospitals, and in February, six such procedures were carried out. These abortions were deemed necessary to save the mother’s life or prevent substantial bodily harm. The data indicates that the law has been strictly adhered to, with only a few exceptions permitted under dire medical circumstances.
Broader Implications
Legal and Social Impacts
The Texas Heartbeat Act has sparked considerable legal and social debate. Proponents argue that the law is a necessary measure to protect the unborn and uphold the value of life. They assert that the detection of a fetal heartbeat is a clear indicator of life and that the law aligns with scientific understanding and moral considerations.
Opponents, however, contend that the Act infringes on women’s reproductive rights and health care autonomy. They argue that many women are unaware they are pregnant at six weeks and that the law disproportionately affects low-income women who may lack access to early pregnancy detection and health care services.
National Repercussions
The Texas Heartbeat Act has also set a precedent that other states are beginning to follow. Similar heartbeat bills have been proposed and enacted in various states, leading to a patchwork of abortion regulations across the country. The Act has also prompted legal challenges that have reached the Supreme Court, which could have profound implications for the future of Roe v. Wade and the national legal framework governing abortion rights.
Republican Majority
Republican state lawmakers have held a partisan majority for over two decades in both chambers of the state legislature. As such, a myriad of reforms and protections have been enacted over the legislative sessions that likely contributed to the decline of abortions across the state.
The Republican Party of Texas 2024 Platform says the following related to abortion:
23. Equal Protection for the Preborn: We urge lawmakers to enact legislation to abolish abortion by immediately securing the right to life and equal protection of the laws to all preborn children from the moment of fertilization, because abortion violates the United States Constitution by denying such persons the equal protection of the law.
53. Prohibit Abortion Transportaation Across State Lines: We support legislation to prohibit the use of any government funds, as well as the transportation of pregnant women across Texas’ state lines, for the purpose of procuring an elective abortion and for the provision of a private right of action against all persons and organizations who aid and abet in the harming of the woman, and the killing of her pre-born child.
142. Preventing Any Death by Abortion: We support legislation such as the Preborn Non-Discrimination Act (pre-NDAA) to close existing discriminatory loopholes thaat fail to protect preborn children suspected of having “fetal anomalies” or disabilities, and we support legislation to enact anti-discriminatory language to apply additional protections to preborn children at risk of being aborted because of their sex, race, disability, or age of gestation. Such legislation should provide families with information about life-affirming social and medicaal services available to them in Texas, such as perinatal palliaative care. We support protecting preborn children and their mothers by stopping abortion pill distributors from sending and trafficking these lethal and illegal drugs into Texas and hilding those accountable who breaak state Pro-life laws by selling aand trafficking illegal abortion pills.
143. Medical Emergencies within ProLife Laws: We support the current medical emergency exception laws which include the management of confirmed ectopic pregnancies, which are not to be considered abortions. We do not support innacruate arguments against abortion which occur due to false and misleading rhetoric. The abortion law does not need to be altered, but implemenattion does need to be addressed. We urge the Legislaature and health agencies to educate and inform medical professionals and the public about the law of medical emergencny exceptions. The mother’s life remains the primary consideration in providing emergency care exceptions in the management of extopic pregnancies and complicated preterm rupture of the membrane (PPROM).
144. Planned Parenthood: We support completely eliminating public funding for, or contracts with, Planned Parenthood, other abortion providers, or any of their affiliates. We oppose the digital or physical presence in our schools and other public institutions, and the expansion of their facilities in our neighborhoods. We call for a state law prohibiting governmental contracts with abortion providers and their affiliates.
194: Pro-Life: Abortion is not healthcare, it is homicide. Until the aboliution of abortion is achieved, we support laws that restrict and regulatte abortion, including but not limited to:
- Parental and informed consent, including the elimination of judicial bypass.
- Prohibition of licensing, liability, and malpractice insurance for abortionists and abortion facilities.
- Prohibition of financial kickbacks for abortion referrals.
- Prohibition of late-term abortions.
- Prohibition of abortions after the time an unborn child’s heartbeat is detected.
- Prohibition of the manufacturing, importation, sale, dispensing and use of abortifacients. The state may enforce criminal penalties, while private individuals may enforce civil penalties against companies and suppliers of online sales and delivery of any form of abortifacients.
- Elimination of causes of action for “wrongful birth.”
- Health insurance coverage for abortion services and abortifacients, which under Texas law shall be considered supplemental coverage and billed to the beneficiary.
- Criminal penalties be attached to any entity convicted of selling body parts of aborted children or, excluding the mother, of conducting an illegal abortion.
- Extending the private cause of action used in the Texas Heartbeat Act to all pro-life laws and policies in Texas.
- A Legislative study on the effects of abortion numbers post-Roe, and to discuss a better solution than the current failing legislation in effect.
- Supporting the right of Texas municipalities to protect mothers and their preborn children in their communities by passing enforceable city ordinances that further ban abortions within their city limits, closing loopholes in state abortion laws.
195. Abolish Abortion: We urge the Texas Legislature to enact legislation to abolish abortion by immediately securing the right to life and equal protection of the laws to all preborn children from the moment of fertilization and to oppose legislation that discriminates against any preborn children and violates the United States Constitution by denying such persons equal protection of the laws, and to adopt effective tools to ensure the enforcement of our laws to protect life when doctors or district attorneys fail to do so.
Conclusion
The landscape of abortion in Texas, post-Dobbs, is complex and fraught with challenges. The Texas Heartbeat Act represents a significant legislative milestone in the effort to protect life and reduce abortion rates. While the law has been successful in drastically reducing the number of elective abortions in Texas, it also brings to the forefront critical debates about legal enforcement and social support systems. As other states consider similar legislation and the national conversation on abortion continues, the impact of the Texas Heartbeat Act will undoubtedly be felt for years to come.
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