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Update - Petition for Initiative Received for Ordinance

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This is the information I received from Bryan: 

In the first place, the letter brief from the Texas AGs office referenced herein is premised on Roe v. Wade Supreme Court precedent and the progeny of the same.  The United States Supreme Court abrogated Roe v. Wade in Dobbs, 142 S. Ct. 2284 and thus, the fundamental premise for arguing a right to an abortion dramatically changed. The Dobbs Court held that “[t]he Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion.  See Whole Women’s Health, et. al. v. Young, 37 F.4th 1098, 1099 (5th Cir. 2022). 

 

Secondly, Texas law states that ,  “subject to Section 241.010, a health care facility in this state that provides health or medical care to a pregnant woman shall dispose of embryonic and fetal tissue remains that are passed or delivered at the facility by: Texas requires facilities performing abortions to dispose of these remains in one of four ways: “(1) interment”; (2) cremation; (3) incineration followed by interment; or (4) steam disinfection followed by interment. See TEX. HEALTH & SAFETY CODE § 697.004(a). Ashes resulting from cremation or incineration “may be interred or scattered in any manner as authorized by law for human remains,” but “may not be placed in a landfill.” Id. § 697.004(b).    The key phrases are a “health care facility in this state” and “remains that are passed or delivered at the facility”.  So clearly Chapter 697 of the Health and Safety Code regulates only remains that are passed or delivered at a facility in Texas.   

 

In summary, in light of the Dobbs holding and the plain language utilized in Chapter 697 of the Health and Safety Code, Texas law related to the disposal of embryonic or fetal remains applies only to remains that are passed or delivered in a facility located in Texas.   This law has no applicability to remains that are passed or delivered in another state.

Thank you for the update.

 

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