EXPLAINER: Examining recently signed Texas laws

Abortion “trigger law” passed 

The Republican-led legislature passed a bill to ban abortions in Texas if the U.S. Supreme Court reverses Roe v. Wade, the 1973 case that legalized abortion.

HB 1280 is a trigger law or a law that takes effect in the event of a previously agreed upon passing of a law or decision. 

House Bill 1280 would take effect 30 days after a new ruling by the Supreme Court that overturns the Roe v. Wade or after a Supreme Court ruling or a new constitutional amendment gives the state the authority to prohibit abortions. 

Vanessa Johnson, assistant professor of legal studies, provided insight into the impact of the law and its implications in the legality of abortion. 

“I never attempt to predict U.S. Supreme Court (SCOTUS) rulings,” Johnson said. “However, the 6-3 conservative majority, the replacement of Justice Ginsburg with Amy Coney Barrett, and the recent SCOTUS decision to hear a case about a Mississippi law that would ban most abortions after 15 weeks, it is definitely possible that Roe v. Wade may be overturned or substantially weakened. This possibility is why you’ll probably see even more trigger laws passed in states with legislative majorities that are hostile to a woman’s right to choose.” 

Johnson said if the courts overturn Roe v. Wade, legal challenges would definitely follow.   

“However, even if Roe were overturned, abortions would likely remain legal in some states because I wouldn’t foresee a SCOTUS ruling that would be so extreme that it would make abortions totally impermissible,” Johnson said. “The most immediate consequence of overturning or weakening Roe is that poor women in many states would lose access to abortion services. Women with the means to travel to jurisdictions where abortions remain legal would still have access.” 

Johnson said health care facilities that provide abortion services should be concerned about an adverse ruling by the Supreme Court, especially one that would also effectuate the new trigger law in Texas. However, there is no current legal or operational impact on abortion clinics because the Texas trigger law will only outlaw abortions in Texas if a court ruling or constitutional amendment gives states the authority to prohibit the procedure.  

This trigger law passes on the same day as the recently challenged Senate Bill 8, which will ban abortion as early as six weeks. 

Electric grid reform bills passed in light of Winter Storm Uri 

Governor Greg Abbott said in February that he would work to prevent another power grid failure like what happened during Winter Storm Uri, leading him to sign two bills. 

The first bill, Senate Bill 2, changes the structure of electing the board of the Electric Reliability Council of Texas (ERCOT), the nonprofit organization that operates Texas’ electrical grid that was responsible for the power outages during Winter Storm Uri. The bill requires every member of the ERCOT governing body to be a Texas resident, including the CEO, the presiding officer of the Public Utility Commission and the Public Utility Counsel.

SB 2 also requires the use of a professional search firm to identify candidates for the board. The governor, lieutenant governor and speaker of the Texas House of Representatives would then appoint members to ERCOT’s board. This new selection process and criteria holds ERCOT board members more accountable and ensures the members have a personal stake in the electricity of Texas.  

The second bill, Senate Bill 3, requires critical power generators -the systems that detect outages, start back-up generators, and provide clean power to mission-critical equipment- to update infrastructure for resistance to extreme temperatures. The bill also creates a statewide power outage alert system.

ERCOT said their thoughts on the new piece of legislation.  

“ERCOT appreciates the efforts of the governor and all state leaders to pass legislation that will improve overall grid reliability for Texans,” ERCOT Communication Manager Leslie Sopko said in the statement. “We have already implemented a number of new operational and communications measures for summer and will continue coordinating with the Public Utility Commission on implementing the grid enhancements that were signed into law.”