The Texas Senate passed a bill expanding residents' ability to take legal action against the producers and distributors of chemical abortion drugs, marking another step in the state's ongoing efforts to curb abortion access. Senate Bill (SB) 2880, introduced by Senator Bryan Hughes (R-Mineola), sailed through the Senate with a 20-11 vote along party lines, following a contentious hearing in the Senate State Affairs Committee.
The legislation, which is part of the broader Women and Child Protection Act, aims to empower Texas residents to file private lawsuits against any vendor involved in the production and distribution of chemical abortion pills, with a minimum fine of $100,000. Additionally, the bill would allow the parents of a child who undergoes a chemical abortion to pursue "wrongful death" claims. This provision extends the right to sue to situations where either the mother was coerced into taking the pills, or the father was unaware that the mother had taken the pills.
Key Provisions of SB 2880
SB 2880 is a comprehensive, 43-page bill that outlines the legal framework for holding parties who produce and distribute chemical abortion pills accountable. The bill asserts that any individuals or entities found guilty of such activities can be held “strictly and jointly liable.” This means that anyone involved in the distribution process could be held fully responsible for any damages caused, whether to the unborn child or the mother.
Importantly, the bill includes language that requires guilty parties to share the burden of these damages fairly. This could potentially mean that one party could be responsible for the entirety of the damages, depending on the circumstances of the case.
While the Senate bill passed after intense deliberation, its companion bill, House Bill (HB) 5510, introduced by Representative Jeff Leach (R-Plano), remains stalled in the House State Affairs Committee. The delay of HB 5510 has sparked concern among some lawmakers, particularly after a series of questions posed by Rep. Tony Tinderholt (R-Arlington) to Committee Chair Ken King (R-Canadian). Tinderholt criticized King for failing to bring the bill to a vote, which has caused frustration among those pushing for swift legislative action on the issue.
Focus on Chemical Abortion Pills
Both SB 2880 and HB 5510 specifically target the distribution of chemical abortion pills, which have become increasingly common in the U.S. since the Supreme Court's decision in 2022 to overturn Roe v. Wade. This form of abortion now accounts for a significant portion of abortions in Texas and across the country. While the bills are part of a broader push to enforce Texas’ pro-life laws, opponents argue that they could further restrict abortion access in the state.
Opponents have raised concerns that these new legislative measures may inadvertently revive an older Texas law—dating back to 1854 and recodified in 1925—that prohibits abortion except when the mother’s life is in danger. This law, which includes penalties for anyone “furnishing the means” for an abortion, could potentially be used to prosecute those who aid a woman in obtaining an abortion, including the woman herself.
However, under current Texas law, a mother cannot be criminally prosecuted for seeking an abortion. Additionally, Rep. Brent Money’s (R-Greenville) bill, HB 2197, which aimed to remove this exception, was pulled from a committee hearing last month.
Potential Legal Implications and Concerns
SB 2880’s passage in the Senate was not without controversy. During the committee hearings, concerns were raised that the bill’s original language could violate First Amendment rights by targeting entities that advertise or provide information about chemical abortion pills. In response, the bill was amended to narrow its focus, ensuring that legal action would only be directed at those involved in the actual production and distribution of the drugs, rather than those who simply advertise or promote them.
Supporters of the bill, including Sen. Hughes, argue that the legislation is a necessary step to protect both women and unborn children from the dangers posed by chemical abortion pills, and to enforce the state's pro-life laws. According to Hughes, the bill will help hold those responsible for the harmful effects of these drugs accountable.
Next Steps for HB 5510
While SB 2880 has successfully passed the Senate, the future of HB 5510 in the House remains uncertain. The bill was heard in the House State Affairs Committee on April 25, but has yet to receive a vote. With ongoing debate surrounding the bill’s potential to restrict abortion access further, it remains to be seen whether the legislation will gain traction in the House.
Rep. Leach has described the Women and Child Protection Act as "a necessary and urgent step" to protect Texas women and their unborn children from the dangers of abortion drug trafficking. In a statement following the introduction of HB 5510, he emphasized the importance of holding accountable those responsible for any harm caused by abortion drugs. Leach added, “Rest assured, Texas will lead the nation in defending women and unborn children from exploitation, and HB 5510 is a crucial step to doing just that.”
As the legislative session continues, all eyes will be on the House committee’s decision and the potential impact of the bill on abortion access in Texas. The debate is expected to intensify in the coming weeks as lawmakers grapple with the legal, ethical, and practical implications of expanding civil liability in the abortion arena.
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