(Texas Scorecard) – Texas senators on the State Affairs Committee have considered a measure that would allow residents to sue companies and organizations peddling abortion pills.
Senate Bill 2880, filed by State Sen. Bryan Hughes (R-Mineola), would allow private citizens to file lawsuits against tech companies, distributors, advertisers, and others pushing abortion-inducing drugs.
The measure brought forward Thursday targets abortion pills ordered online, sent by mail, or trafficked from other states and countries, as well as organizations that cover the costs of out-of-state abortions.
“Elective abortions—except when the mother’s life is in danger—those are not legal in Texas. But we recognize that pills are being mailed into this state from around the country,” said Hughes. “2,800 known abortion drugs, that we’re aware [of], are shipped into Texas each month—estimated at 19,000 a year.”
“It’s already illegal in Texas to mail these pills in, to take the life of an unborn child, to put the mom in danger. That’s already against the law. The enforcement is what’s key in this bill.”
Hughes said the measure is “in the same category as what was done with the Heartbeat law,” which empowers private citizens to sue abortion providers.
Under SB 2880, “A person that knowingly pays for or reimburses the costs associated with obtaining an elective abortion” has committed a felony punishable by up to life in prison.
It further allows either parent who lost a child as a result of an abortion to file a wrongful death or personal injury lawsuit against entities pushing the abortion pills and creates a felony offense for destroying evidence of an abortion.
The Texas attorney general would also receive concurrent jurisdiction with local district attorneys “to prosecute any criminal abortion law” and the ability “to bring an action under this section on behalf of unborn children of residents of this state.”
Chelsey Youman, the national director of public policy for Human Coalition, informed members that it is as simple as going on a website for a pregnant woman in Texas to receive abortion pills.
“She can mail it to her doorstep and have the drugs on her doorstep here in Texas within 72 hours,” said Youman, who supports SB 2880. “Sometimes the drugs are free, sometimes they cost $400-500, and the implications we’re finding are devastating for women.”
Dr. John Seago, president of Texas Right to Life, called SB 2880 a “priority bill” for the organization this session.
While abortion pills are technically restricted in the state, “That’s not the end of the story,” said Seago, who noted that “over 34,000 Texans a year are still being killed by abortion.”
“We’ve made great progress in Texas protecting life,” he continued. “However, the enemy has adopted new tactics, new strategies, and that’s what we’re talking about today, is how Texas can fight back to save these babies and, as Chelsey is talking about, protect their mothers.”
Seago cited a story of a Houston mother who nearly lost her daughter after her estranged husband secretly spiked her drink with abortion drugs.
“Abortion is an act of violence. Whether you’re talking about it being done … in a Planned Parenthood building, or whether you’re talking about it being done through chemicals and through pills,” he said.
Kelli McAnally, executive director of a pregnancy resource center in Katy, testified in favor of SB 2880 and told the committee she’d done her own investigation into the online accessibility of abortion pills.
McAnally said that on one website, she did not have to verify her identity or pregnancy and was approved despite stating she was beyond the 10-week cutoff.
She proceeded to show committee members the so-called abortion pill kit she received in the mail shortly thereafter.
“The pills are not marked. The pills—I don’t know what they are,” said McAnally. “There were no instructions, no dosage, no safety information was included. Not one written word was in this envelope.”
The only follow-up was an email instructing her to lie about her order and encouraging her to order more pills, she added.
Senators on the committee also took up and considered SB 33, a priority of Lt. Gov. Dan Patrick that was filed by State Sen. Donna Campbell (R-Bulverde).
SB 33 would prohibit certain cooperation between a governmental entity and an “abortion assistance entity,” defined as individuals or organizations facilitating abortion by covering costs, helping with travel, or providing counseling that encourages abortion.
The measure would also establish a civil remedy for private citizens and the Texas attorney general to take action against any governmental entity that violates its provisions.
“There are cities, such as Austin and San Antonio, that have worked to exploit a loophole by offering taxpayer funds to contract with abortion assistance entities,” said Campbell, adding that SB 33 would ensure “local governments comply with Texas’ pro-life laws.”
Earlier, senators heard testimony on another Patrick priority, SB 31, filed by Hughes.
The measure would clarify the exception to Texas’ abortion ban as “based on a physician’s reasonable medical judgment” of the mother’s health. It specifically covers ectopic pregnancies.
All of the items were left pending in committee.