Texas Codes

Tex. Occ. Code § 103.002 (2026)

Discrimination Prohibited

✓ current as of May 2026
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Sec. 103.002. DISCRIMINATION PROHIBITED. (a) A hospital or health care facility may not discriminate against a physician, nurse, staff member, or employee, or an applicant for one of those positions, who refuses to perform or participate in an abortion procedure.

(b) A hospital or health care facility may not discriminate against a physician, nurse, staff member, or employee because of the person's willingness to participate in an abortion procedure at another facility.

(c) An educational institution may not discriminate against an applicant for admission or employment as a student, intern, or resident because of the applicant's attitude concerning abortion.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Notes of Decisions
Cited in 8 cases, 2013–2019 · leading case: Planned Parenthood of Greater Texas Surgical Health Servs. v. Abbott, 734 F.3d 406 (5th Cir. 2013).
Planned Parenthood of Greater Texas Surgical Health Servs. v. Abbott, 734 F.3d 406 (5th Cir. 2013). “"A person whose rights under this chapter are violated may sue a hospital, health care facility, or educational institution .”
Planned Parenthood of Greater Texas Surgical Health Servs. v. Abbott, 748 F.3d 583 (5th Cir. 2014). “” Tex. Occ.Code Ann. § 103.002(b) (West 2013).”
June Med. Servs. LLC v. Kliebert, 250 F. Supp. 3d 27 (M.D. La. 2017). “Compare Tex. Occ. Code § 103.002(b). 170. The effect of Act 620 is thus significantly different from admitting privileges requirements in states where physicians are protected from discrimination.”
Whole Woman's Health v. David Lakey, 790 F.3d 563 (5th Cir. 2015). “This undermines the argument that the admitting privileges requirement is the cause of the closure of the facility since the suggestion is that the cause is actually unlawful discrimination for which state law provides Dr.”
June Med. Servs. LLC v. Kliebert, 158 F. Supp. 3d 473 (M.D. La. 2016). “Evid. 801(c)(2). .Texas law, in contrast, "specifically proc hibits discrimination by hospitals or health care facilities against physicians who perform abortions.”
Little Rock Fam. Plan. Servs. v. Rutledge (E.D. Ark. 2019). “See Tex. Occ. Code § 103.002(b). This type of statute in effect protects physicians who perform abortions from targeted discrimination when applying for admitting privileges.”
Little Rock Fam. Plan. Servs. v. Rutledge (E.D. Ark. 2019). “See Tex. Occ. Code § 103.002(b). This type of statute in effect protects physicians who perform abortions from targeted discrimination when applying for admitting privileges.”
Planned Parenthood v. Gregory Abbott (5th Cir. 2014). “” TEX. OCC. CODE ANN. § 103.002(b) (West 2013).”
— Tex. Occ. Code § 103.002(b) — 8 cases
Planned Parenthood of Greater Texas Surgical Health Servs. v. Abbott, 734 F.3d 406 (5th Cir. 2013). “"A person whose rights under this chapter are violated may sue a hospital, health care facility, or educational institution .”
Planned Parenthood of Greater Texas Surgical Health Servs. v. Abbott, 748 F.3d 583 (5th Cir. 2014). “” Tex. Occ.Code Ann. § 103.002(b) (West 2013).”
June Med. Servs. LLC v. Kliebert, 250 F. Supp. 3d 27 (M.D. La. 2017). “Compare Tex. Occ. Code § 103.002(b). 170. The effect of Act 620 is thus significantly different from admitting privileges requirements in states where physicians are protected from discrimination.”
Whole Woman's Health v. David Lakey, 790 F.3d 563 (5th Cir. 2015). “This undermines the argument that the admitting privileges requirement is the cause of the closure of the facility since the suggestion is that the cause is actually unlawful discrimination for which state law provides Dr.”
June Med. Servs. LLC v. Kliebert, 158 F. Supp. 3d 473 (M.D. La. 2016). “Evid. 801(c)(2). .Texas law, in contrast, "specifically proc hibits discrimination by hospitals or health care facilities against physicians who perform abortions.”
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