Monday was the first day that Texas lawmakers could prefile bills for the 2027 session, and one of the first through the door was a bill that would repeal two of the laws that defined the red-state era of Texas: the state’s abortion ban and its ban on gender-affirming care for trans youth. It was the first sign of change in a state that had long been solidly red but now has a Democratic House, governor, lieutenant governor and attorney general, and even a significant share of the Texas Supreme Court. Though the bill will likely not get past the Republican-controlled Senate, it is an early sign that Democrats in the state intend to push back against Republican extremism, and it could force these issues to a vote in the upcoming session.
The bill is HB 126, and it was filed by Rep. Donna Howard, D-Austin. Howard is a former nurse who has held her seat since 2006 and chairs the Texas Women’s Health Caucus. The bill would strike dozens of provisions of state law passed to target gender-affirming care and abortion. Notably, it pairs the two issues in a single bill, a strategy that many, but not all, reproductive health care and LGBTQ+ advocates have been enthusiastic about implementing, given the implications both policies have for each other.
The abortion ban repeals in the bill are sweeping. One provision repeals the “trigger” law that made abortion illegal in Texas after Roe v. Wade was overturned. Another repeals the Texas Heartbeat Act, otherwise known as the bounty law, which lets private citizens sue anyone who helps someone get an abortion after about six weeks. The old abortion statutes from the 1920s are also targeted for repeal, as are the forced sonogram provisions, the 2021 restrictions on abortion pills and many other sections of state law.
The bill does not stop at abortion, though. It also targets provisions that have restricted trans youth care. The bill would repeal Subchapter X of Chapter 161, the core of SB 14, the 2023 law that bars doctors from providing puberty blockers and hormone therapy as well as surgical care to transgender youth. It would also repeal the Medicaid exclusion from SB 14. It would not repeal everything, however. It appears to have missed one of two provisions that would cost doctors their licenses if they provide trans youth care. While it strikes Section 164.052(a)(24) (which lists trans youth care among a doctor’s prohibited practices), it does not repeal Section 164.0552, which requires the Texas Medical Board to revoke the license of any doctor who provides gender-affirming care to transgender youth. That looks like an oversight rather than a deliberate ommission. That said, even that section could be argued to lack teeth, as it is connected to a violation of SB 14’s ban, which would no longer be in effect.
HB 126 is likely a messaging bill—Republicans still control the Texas Senate, but even as one, it is significant. If Democrats push the bill, it would put House Republicans on the record as voting to keep the abortion ban, just a week after their brand of politics failed in dramatic fashion. Likewise, it would signal that Democrats are willing to make transgender youth care and the repeal of anti-trans provisions part of their messaging, a significant step given the hesitance of some centrist Democrats this election cycle to reject anti-trans politics (and some even adopted those politics themselves). It is too early to know, though, whether this bill will be the primary vehicle to do so or whether Democrats will choose an abortion-only focus when the rubber meets the road.
The bill was introduced amid questions about how Texas Democrats will use their newfound majority. The Houston Chronicle reported in September that Gina Hinojosa, now the governor-elect, said rolling back abortion and trans youth care restrictions would “not be my priority.” Since the election, however, there has already been some movement on abortion. Attorney General-elect Nathan Johnson declared that he would “not pursue the judicially absurd position that Texas law has extra territorial effect,” a break from Ken Paxton’s practice of suing out-of-state doctors who mail abortion pills to Texans. HB 126 will be a key test of whether Democrats are willing to push hard against the policies Republicans left behind, and whether they will include transgender youth when they do.
"The bill stands little chance in the Republican controlled Texas Senate, but may be an important messaging exercise for Democrats post-election."
As long as it is reintroduced when they have a general majority, instead of being empty faux virtue signaling . . .
More power to them and I am VERY happy to hear of it.
Thank you for the reporting, Mrs. Reed, and please let us know if any Ds don't vote for it. There are Primary opponents to fund, mayhap.
This is how we reclaim hope after a decade of oppression.