Texas Resolution Urging the United States Congress to Prohibit Abortion (HJR 104)
This law was last updated on Apr 13, 2017
HJR 104 urges the Congress of the United States to propose, and submit for ratification, an amendment to the United States Constitution that would overturn Roe v. Wade and clearly prohibit the practice of abortion, with the exception of saving the life of the pregnant individual, uniformly throughout the United States, and in any place subject to their jurisdiction.
The resolution further resolves that if Congress does not propose such an amendment on its own initiative by December 31, 2018, then, in the alternative, Texas would apply to Congress to call a convention for the purpose of proposing just such a constitutional amendment for ratification.
The resolution provides a sample text for the members of Congress to consider for such a proposed federal constitutional amendment:
SECTION 1. With respect to the right to life, the word ’person’ as used in this Article and in the Fifth and Fourteenth Articles of Amendment to this Constitution applies to all human beings, irrespective of age, health, function, or condition of dependency, including their unborn offspring at every stage of such unborn offspring’s biological development.
SECTION 2. No unborn person shall be deprived of life by any person; provided, however, that nothing in this Article shall prohibit a law permitting only those medical procedures necessary to prevent the death of the mother, as a result of the pregnancy, and as determined by the opinions of at least two competent and credentialed medical professionals.
SECTION 3. The Congress, and the several states, shall have power to enforce this Article by appropriate legislation.