Texas 2025 - 89th 1st C.S.

Texas House Bill HB30

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to abortion, including civil liability for the manufacture and provision of abortion-inducing drugs, exemptions from the Texas Citizens Participation Act and Religious Freedom Restoration Act, authorizing civil and qui tam actions, amendments to the fee-shifting statute governing abortion litigation, immunity defenses and limits on state-court jurisdiction and relief, the parens patriae standing of the attorney general, and the jurisdiction of the Fifteenth Court of Appeals; providing for severability.

Summary

HB30, titled the Woman and Child Protection Act, would create a new Chapter 171A in the Health and Safety Code to impose broad civil restrictions on abortion-inducing drugs and related conduct. The bill generally prohibits manufacturing, distributing, mailing, transporting, delivering, prescribing, or providing abortion-inducing drugs in Texas, while carving out exceptions for medical emergencies, ectopic pregnancies, miscarriage management, non-abortion purposes, protected speech, and certain federally directed conduct. It also expressly excludes liability for the pregnant woman herself in several provisions. The bill establishes a private-enforcement model through qui tam actions, allowing private relators to sue alleged violators and recover injunctive relief, at least $100,000 per violation, and attorney’s fees. It also gives the attorney general parens patriae standing to sue for violations of certain criminal abortion laws and federal criminal laws governing abortion-inducing drugs. In addition, the bill adds extensive jurisdictional, venue, immunity, and choice-of-law rules designed to limit state-court challenges, restrict the use of the Texas Citizens Participation Act and related defenses, and channel appeals to the Fifteenth Court of Appeals. HB30 would significantly affect Texas abortion law by expanding civil enforcement mechanisms and creating new causes of action, defenses, and remedies tied to abortion-inducing drugs and abortion-related conduct. It also amends the Civil Practice and Remedies Code to exempt abortion-related actions from the Texas Citizens Participation Act and to impose fee-shifting against parties and counsel who seek declaratory or injunctive relief to block abortion restrictions or abortion-funding limits. The bill further attempts to block out-of-state “clawback” laws and to protect Texas residents and abortion-law enforcers from foreign judgments or litigation. The available context shows no committee transcript and no recorded votes, so there is no documented floor or committee sentiment in the provided materials. Based on the bill text alone, the measure appears strongly supportive of abortion restrictions and enforcement, with a clear policy focus on deterring abortion-inducing drug access and litigation challenging abortion laws. Its structure suggests an intent to make abortion-related enforcement difficult to enjoin and expensive to challenge. The main points of contention are likely to be the private-enforcement scheme, the large statutory damages, the restrictions on jurisdiction and defenses, and the bill’s attempts to override or limit constitutional, statutory, and out-of-state protections. Potentially affected parties include abortion providers, pharmacies, drug manufacturers and distributors, healthcare facilities, common carriers, internet and cloud service providers, litigants challenging abortion laws, and attorneys or firms representing those challengers. The bill also raises likely concerns about preemption, due process, interstate enforcement, and the scope of state-court authority.

Impact

HB30 would add a new abortion-enforcement chapter to the Health and Safety Code and amend multiple provisions of the Civil Practice and Remedies Code to create new civil remedies, limit defenses, and restrict procedural protections in abortion-related litigation. It would also alter jurisdictional rules, venue, appellate jurisdiction, and fee-shifting for abortion cases, while expressly preserving and expanding enforcement tools for abortion restrictions and related funding limits. The bill would take effect September 1, 2025, and apply only to causes of action accruing on or after that date.

Sentiment

No committee discussion or vote record was provided, so there is no measurable legislative sentiment from hearings or roll calls in the supplied materials. The bill’s text, however, indicates a clear pro-restriction posture and an aggressive enforcement approach toward abortion-inducing drugs and abortion litigation. Its design suggests strong support among sponsors for expanding enforcement and strong opposition from abortion-rights advocates, healthcare providers, and civil-liberties interests.

Contention

Likely points of contention include the use of qui tam private lawsuits, the mandatory minimum damages of $100,000 per violation, the limits on constitutional and statutory defenses, and the bill’s effort to bar class actions, restrict venue transfers, and channel appeals to a single court. Another major dispute is the bill’s attempt to neutralize out-of-state “clawback” laws and to impose Texas law broadly on related disputes, which could raise interstate-comity and preemption concerns. The bill also appears designed to limit challenges under the Texas Citizens Participation Act and to impose attorney-fee liability on those seeking injunctions against abortion restrictions, which would likely draw criticism from litigators and advocacy groups.

Companion Bills

TX SB6

Identical Relating to abortion, including civil liability for the manufacture and provision of abortion-inducing drugs, exemptions from the Texas Citizens Participation Act and Religious Freedom Restoration Act, authorizing civil and qui tam actions, amendments to the fee-shifting statute governing abortion litigation, immunity defenses and limits on state-court jurisdiction and relief, the parens patriae standing of the attorney general, and the jurisdiction of the Fifteenth Court of Appeals; providing for severability.

Previously Filed As

TX SB2880

Relating to abortion, including civil liability for distribution of abortion-inducing drugs; making conforming changes and harmonizing conforming provisions; authorizing a private civil right of action.

TX HB991

Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.

TX HB5510

Relating to abortion, including civil liability for distribution of abortion-inducing drugs, and to the destruction of certain property; making conforming changes and harmonizing conforming provisions; creating criminal offenses; authorizing a private civil right of action.

TX HB2651

Relating to an exemption from abortion restrictions for unemancipated minors and the repeal of provisions regarding notice and consent to those abortions.

TX SB2257

Relating to the definition and provision of an abortion-inducing drug.

TX SB2625

Relating to the provision of an abortion-inducing drug.

TX HB4593

Relating to the provision of an abortion-inducing drug.

TX SB1521

Relating to the regulation of abortion and related matters, including the repeal of certain abortion laws, a deposition request before filing certain civil actions, and municipal or county authority to prohibit movement.

TX HB1987

Relating to the regulation of abortion, including abortion complication reporting and the repeal of certain laws prohibiting abortion.

TX HB1986

Relating to the regulation of abortion, including abortion complication reporting and the repeal of certain laws prohibiting abortion.

Similar Bills

No similar bills found.