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.