Abortion advocates are hopeful that Texas’ newly elected Democratic leaders could mean the state could enact more exceptions to the state’s near-total abortion ban.

Here’s where the laws currently stand, and what could change when the new leaders, including Gov.-elect Gina Hinojosa, are sworn in.

What do current Texas abortion laws say?

In 2021, Texas enacted a six-week abortion ban, severely restricting access to abortion in the state. Then, in 2022, the Supreme Court overturned Roe v. Wade, allowing individual states to regulate access to abortion. This allowed a Texas “trigger” law passed by lawmakers in 2021 to take effect. Now, almost all abortions in the state are illegal. The Texas law has no exceptions for either rape or incest. The law includes an exception for when a pregnant person’s life is in danger, but doctors have said the language is vague and hard to interpret.

Last year, Texas enacted the Life of the Mother Act, which updated the medical exceptions to the state’s abortion ban. The Texas Medical Board also created a new training for doctors about when they can legally provide abortions. Despite these changes, doctors have said the law remains difficult to interpret.

“Those exceptions have been very difficult for providers to operationalize in practice, and there are very steep penalties on providers who are found to have violated state law,” said Kari White, Ph.D., the executive and scientific director of Resound Research for Reproductive Health.

Despite the state’s laws, Texans have continued getting abortions, both by traveling to states where abortion is legal and through telemedicine.

Last year, Texas enacted a new law allowing citizens to sue anyone who “manufactures, distributes, mails, transports, delivers, prescribes, or provides” medication abortion pills to Texans.

What will happen to out-of-state abortion providers who mail abortion medication to Texas?

One of the most immediate changes to the state’s abortion policy will likely come from Attorney General-elect Nathan Johnson, who has said his office will stop suing out-of-state abortion providers for mailing abortion pills to Texans.

“The first thing I do when people ask me about abortion is point out that I’m not a legislator, and I can’t change abortion law,” Johnson told The Texas Tribune. “What I can do is cease using Texas abortion laws as an instrument of persecution and intimidation, harassment and political showboating.”

Under Attorney General Ken Paxton, at least two lawsuits were filed against out-of-state providers, in addition to multiple cease-and-desist letters.

“It is a huge relief to hear newly elected state officials vow not to punish healthcare providers in Texas and beyond,” Daria Neal, senior policy and advocacy director at the Center for Reproductive Rights, said in a statement.

Will there be more exceptions to the state’s abortion laws?

The current Texas abortion laws contain very limited exceptions. Abortion supporters have said they hope the Democratic majority in the Texas House could allow legislators to further clarify when abortions are allowed during medical emergencies.

State Rep. Ann Johnson, a Democrat from Houston, said: “Texas women deserve the freedom to make deeply personal healthcare decisions without government interference. While we made progress last session, there is much more work to do. I will continue fighting to expand access to reproductive healthcare, including meaningful exceptions for survivors of rape, incest, and human trafficking, and families facing devastating pregnancy diagnoses.”

Will the state’s near-total abortion ban be overturned?

It’s unknown. Most Democrats who were elected Nov. 3 did not feature abortion access as a major part of their platform. In addition, the Texas Senate remains in Republican control, and any change to abortion laws would have to be approved by the Senate.

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