Texas Senate passes bill that would require burial or cremation of aborted babies

The Texas Senate has advanced a bill that would require abortion facilities to bury or cremate the remains of aborted babies instead of being discarded as medical waste.

S.B. 258, introduced by Sen. Don Huffines (R-Dallas), was approved by the Senate on Wednesday by a vote of 22–9. Another vote is required before it heads to the House for consideration, according to Christian Network News.

The legislation would require the Department of State Health Services to create a form that would allow a pregnant woman to select the method of disposition of the remains of the fetus. The woman may be required to pay for the costs if she selects burial or cremation to dispose of the remains.

It also calls for the creation of a registry of non-profit organizations that are willing to provide financial support to mothers who are unable to pay for the burial of the baby. Abortion facilities that violate the rules would be fined $1,000 for each day of non-compliance.

Huffines said that he felt the bill was necessary because he believes that the unborn should be treated with dignity.

"We're not going to treat it like we do a cancer, like a tumor, like a diseased organ. We are going to treat the unborn with dignity and respect," he stated.

A similar bill was introduced by Rep. Byron Cook (R-Corsicana) in the House, but it failed to advance because of the concerns of abortion opponents who believe that the procedure should be outlawed altogether rather than regulated.

"When those on death row convicted of a most heinous crime are executed, we bury them," Cook said during a committee hearing.

"We don't put them down a garbage disposal or in a landfill. Even veterinary clinics have more human and dignified methods for placement of deceased animals," he added.

In December, the Department of State Health Services finalized a similar rule at the request of Gov. Greg Abbott, but it was blocked by U.S. District Judge Sam Sparks who ruled that such requirements place an "undue burden on a woman's right to seek a previability abortion."

Critics said that the rules will likely raise the costs for the abortion facilities, increase the stigma against women seeking abortions, and create logistical challenges for abortion providers across the state.

Some Democratic senators questioned the purpose of the measure and said that the bill is essentially "flaunting" the injunction issued by Sparks in January.