HBA-EDN H.B. 213 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 213
By: Longoria
State Affairs
2/21/2001
Introduced



BACKGROUND AND PURPOSE 

In 1973 the United States Supreme Court decided Roe v.  Wade, 410 US 113
(1973), a landmark case that acknowledged a woman's right to privacy, and
under that right to privacy, a right to choose to have an abortion.  The
Supreme Court by a five to four vote made this determination without
deciding when human life begins.  The court stated that "We need not
resolve the difficult question of when life begins." The United States
Constitution declares in the 9th and 10th amendments that the rights not
expressly given to the federal government are reserved to the states.  This
includes the right to protect the public health and safety and the police
powers which the state has the right to exercise.  The right to define the
beginning of life may be among these rights reserved to the state.  H.B.
213 declares that life begins at fertilization.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 213 amends the Health and Safety Code to provide that the life
of an individual human organism begins at the moment of fertilization.  The
bill further provides that an unborn human organism is alive and is
entitled to the rights, protections, and privileges accorded to any other
person in this state.    

EFFECTIVE DATE

On passage or, if the Act does not receive the necessary vote, the Act
takes effect August 27, 2001.