PARTIAL BIRTH ABORTION STILL ILLEGAL IN TEXAS
 
   While Congress failed to override the President veto and 
make partial birth abortion illegal in the United States, the 
practice is forbidden under Texas law.
   According to Texas Right To Life, Article 4512.5 makes it  
illegal to "destroy the vitality or life of a child in a state of being 
born and before actual birth, which child would otherwise have 
been born alive."  The law provides a penalty of five years to 
life.  
   In 1974, according to RTL, then Attorney-General John Hill 
issued a formal opinion stating the U.S. Supreme Court, in Roe 
vs. Wade, invalidated Texas' abortion statutes but that Article 
4512.5 is not an abortion statute because it refers to a child "in 
a state of being born."
   In 1985, RTL said, a Texas appellate court agreed that 4512.5 
"was not invalidated" by the Roe vs. Wade decision.  
   Based on the Attorney-General's opinion and case law RTL 
concludes that partial birth abortions are illegal in Texas.