HBA-MPA, BTC H.B. 181 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 181 By: Longoria State Affairs 4/13/1999 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 women'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. 181 declares that life begins at conception. 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. SECTION BY SECTION ANALYSIS SECTION 1. MOMENT THAT LIFE BEGINS. Provides that a human life begins at the moment of fertilization and that an unborn human is alive and entitled to the rights, protections, and privileges accorded to any other person in this state. SECTION 2. POWER TO ENACT. Provides that this Act is enacted under the power reserved to this state under the Tenth Amendment of the United States Constitution (Reserved Powers to States). SECTION 3. Emergency clause. Effective date: upon passage