Targeted Regulation of Abortion Providers (TRAP)

Texas imposes a variety of burdensome requirements on abortion providers that are not imposed on other health care providers, including:

Restrictions on Where Abortions May Be Performed

Texas places medically unnecessary restrictions on where abortions may be performed.

Providers, including private physicians, who perform more than 50 abortions per year must become licensed as abortion facilities. Tex. Health & Safety Code Ann. § 245.002 (Enacted 1989), Tex. Health & Safety Code Ann. § 245.004 (Enacted 1989; Last Amended 2003). The annual renewal license fee is $2,500 per year. 25 Tex. Admin. Code §139.22.

Abortion facilities must comply with dozens of administrative and professional qualification requirements. 25 Tex. Admin. Code § 139.1, 139.60. Violators are subject to fines of up to $1000 per day, per violation. Tex. Health & Safety Code Ann. § 245.017 (Enacted 1997).

A court upheld the constitutionality of the vast majority of these TRAP regulations. Women's Med. Ctr. of N.W. Houston v. Bell, 248 F.3d 411 (5th Cir. 2001).

Restrictions on Who May Perform Abortions

Texas prohibits certain qualified health care professionals from performing abortions.

Only a physician licensed by the state may perform an abortion. Tex. Health & Safety Code Ann. § 245.010(b) (Enacted 1985; Last Amended 2003).