Texas Attorney General Ken Paxton announced on Friday, January 9, that his office had secured a legal victory against the City of San Antonio over its now-defunct effort to fund abortion-related travel. However, court records show that the city had already agreed months earlier not to use taxpayer funds for that purpose, following a change in state law.
The dispute traces back to April 2025, when the San Antonio City Council narrowly voted 6–5 to add $100,000 to its so-called “Reproductive Justice Fund.” At the time, supporters said the money could be used to assist residents seeking out-of-state abortions. Council Members Adriana Rocha Garcia, Marina Alderete Gavito, Manny Pelaez, John Courage, and Marc Whyte voted against the measure.
Shortly after the vote, Paxton filed a lawsuit against the city, arguing that the appropriation violated Texas law by using public funds to facilitate abortion travel. In press releases issued at the time and again this week, Paxton framed the lawsuit as a necessary step to stop what he described as an unlawful use of taxpayer dollars.
Paxton now says the state has prevailed, declaring the city’s attempt to fund abortion travel “officially been defeated.”
What Paxton’s announcement does not emphasize is that the legal landscape shifted significantly after the lawsuit was filed. During the 89th Legislative Session, lawmakers passed Senate Bill 33, authored by Sen. Donna Campbell of New Braunfels. The law expressly prohibits governmental entities from appropriating money to provide logistical support for the purpose of helping a woman obtain an abortion or the services of an abortion provider. SB 33 took effect on September 1, 2025.
Less than three weeks later, on September 19, 2025, the City of San Antonio filed an unopposed motion to dismiss Paxton’s lawsuit as moot. In that filing, the city stated that, in light of the new law, it would not vote to allocate any portion of the Reproductive Justice Fund to support out-of-state abortion travel. The city further represented that it would not use the fund in the manner the state sought to block in its lawsuit.
The Fifteenth Court of Appeals granted the motion and formally dismissed the case on October 9, 2025. The dismissal did not involve a ruling on the merits of the original dispute, but instead reflected that there was no longer a live controversy for the court to decide.
Separately, the San Antonio Family Association (SAFA) had filed its own lawsuit challenging the Reproductive Justice Fund and previously praised Paxton for bringing a similar case. While Paxton’s lawsuit has now been dismissed, the SAFA case remains pending before the Fourth Court of Appeals.
In a press statement, SAFA Board Member Patrick Von Dohlen said the organization is hopeful that, with SB 33 now in effect, the court will uphold the law. The group also expressed gratitude to state leaders and the courts and said it continues to celebrate what it views as the protection of life in Texas.
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