State Rep. Brent Money has filed legislation that would alter Texas’ penal code to classify all abortions as homicide by removing an existing legal exception that applies to mothers who terminate their pregnancies.
House Bill 2197, filed this morning, eliminates a provision in Chapter 19 of the Texas Penal Code that currently states the homicide law does not apply to a mother who ends the life of her unborn child. Under the proposed change, Texas law would treat all cases of fetal death as equal under the state’s existing murder statutes.
“If killing a baby is murder, then it’s murder, no matter who does it,” Money said in a sit-down interview with Texas Scorecard.
Since the U.S. Supreme Court’s Dobbs decision overturned Roe v. Wade, Texas has implemented a near-total abortion ban. However, Money pointed out that a legal gap still exists, allowing for self-managed abortions to go unpunished.
“Abortion is illegal in Texas—at least, the way I grew up thinking about it, where you go to a doctor, and the doctor performs a surgical procedure. That is illegal,” Money explained. “What is not illegal is any kind of self-managed abortion. If a mother, on her own, without any help from anybody else, ends the life of her unborn child, then that is not considered murder in the state of Texas.”
According to Money, demand for abortion in Texas has persisted despite the state’s strict laws. He cited estimates from pro-life organizations that suggest between 50,000 and 65,000 abortions are still taking place each year—primarily through self-administered abortion pills ordered online or by traveling to states where the procedure remains legal.
Money said the bill serves three key purposes: clarifying right and wrong, deterring individuals from seeking abortions, and ensuring justice by applying Texas’ murder statutes evenly.
“This bill will not end abortion—just as we have not ended rape, we have not ended murder, we have not ended theft,” he said. “But we do have laws to say these are wrong things, don’t do this. And if you do this, there’s punishment.”
Critics of similar legislation have often argued that such measures would punish women who seek abortions, but Money pushed back on that notion, emphasizing that the bill itself does not create any new punishments. Instead, he said, it simply ensures that all individuals are treated equally under the law.
“Texas has already decided how we are going to punish murder,” Money explained. “This just puts the mother on the same level as the father, the doctor, or a stranger. If anyone kills that baby, we’re going to call it murder, instead of saying it’s murder if these people do it, but not if this person does.”
Similar proposals have been introduced in previous legislative sessions but have faced significant hurdles. When asked about the likelihood of the bill passing, Money remained optimistic but realistic.
“I’m encouraged that on the first day of filing, we already have a dozen co-authors,” he said, adding that he expects to gain additional support. “Whether we are able to pass this session or not, I believe we’re having some really fruitful conversations in a post-Dobbs world about what the proper role of states is in criminalizing abortion.”
