HB 218 would create a new chapter in the Texas Health and Safety Code prohibiting a person from knowingly transporting, or paying for the transportation of, an unemancipated minor from Texas to another state or country for the purpose of obtaining an abortion unless a parent or person legally standing in the place of a parent gives written consent. The bill defines “unemancipated minor” and incorporates existing abortion-related definitions from Texas law. It also states that the prohibition does not apply to certain abortion exceptions already recognized in state law.
The bill establishes both criminal and civil enforcement. A violation would be a felony of the second degree, elevated to a first-degree felony if the unborn child dies as a result of the abortion performed after the prohibited transportation. In addition, the bill creates a civil penalty of at least $100,000 per violation, enforceable by the attorney general, and allows recovery of attorney’s fees and costs. It also directs licensing authorities to revoke the credentials of physicians or other health care professionals who violate the law, while specifying that the minor herself cannot be subjected to criminal, civil, or administrative penalties under the chapter.
Impact
HB 218 would expand Texas abortion restrictions beyond in-state conduct by regulating the transportation of minors across state or national borders for abortion-related purposes. It would add Chapter 170B to the Health and Safety Code, create new criminal offenses and civil penalties, and require professional discipline for covered health care providers. The bill would affect parents, guardians, drivers, abortion funds, clinics, and medical professionals who assist minors with travel for abortion care, while preserving existing civil remedies and applying only prospectively to abortions performed on or after the effective date.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of legislative debate or member sentiment in the supplied materials. Based on the bill text alone, the measure appears to reflect a strongly restrictive approach to abortion access for minors and likely aligns with supporters of parental-consent and anti-abortion policies. The absence of voting history or hearing testimony prevents a more specific assessment of support or opposition.
Contention
The main point of contention is likely the bill’s attempt to penalize interstate or cross-border travel for abortion, which raises questions about parental rights, minor autonomy, and the reach of state law beyond Texas. Another likely dispute is the severity of the penalties, including felony exposure, a very large civil penalty, and mandatory professional discipline for health care providers. Supporters would likely emphasize parental involvement and protection of minors, while opponents would likely argue that the bill burdens access to lawful abortion care, especially for minors seeking help from adults, clinics, or abortion funds.
Relating to prohibition of transporting or funding the transportation of an unemancipated minor for an abortion; providing a civil penalty; creating a criminal offense.
Relating to prohibition of transporting or funding the transportation of an unemancipated minor for an abortion; providing a civil penalty; creating a criminal offense.
Relating to prohibiting transporting or funding the transportation of an unemancipated minor for an abortion; providing a civil penalty; creating a criminal offense.