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