The bill, approved Wednesday evening, would create a new enforcement mechanism for the state’s strict abortion ban, by allowing regular citizens to file civil lawsuits against anyone who ships abortion pills into Texas or who otherwise distributes the pills within the state.
If a pregnant woman or one of her family members successfully sues under the bill, they would receive a payout of at least $100,000, under the provisions of the legislation. If any other person successfully sues, they would be required to donate the bulk of the payout to a charity.
The bill will now go to Gov. Greg Abbott for his signature, and he is expected to approve it.
The Senate gave a final approval vote to the bill on Wednesday evening, after giving initial approvals earlier in the week. The House already approved the bill last week.
House Bill 7 was authored by Republican Rep. Jeff Leach and sponsored by Republican Sen. Bryan Hughes.
The bill would allow regular citizens to take a hand in the enforcement the abortion ban, under the same framework that was used in Texas’ 2021 abortion ban. That 2021 law has been referred to as a “bounty hunter” law, because it authorizes any Texan to sue and potentially receive a payout. The U.S. Supreme Court has not ruled on the constitutionality of such a mechanism.
Democratic lawmakers at hearings and during floor debate have raised concerns about House Bill 7 and its constitutionality.
The bill turns “every person in this state into a mercenary-for-hire,” said Democratic Sen. Nathan Johnson during floor debate on Wednesday.
The bill takes aim at an abortion pathway that anti-abortion advocates and lawmakers have so far struggled to close. It is already illegal to ship abortion pills into Texas because state law prohibits nearly all abortions.
But Attorney General Ken Paxton has struggled to enforce the law against out-of-state providers who mail pills into the state.
Data from the Society of Family Planning shows that, throughout 2024, there were between 2,500 and 4,000 telehealth-provided abortions in Texas each month.
Under House Bill 7, doctors and hospitals cannot be sued for providing legal abortions during medical emergencies or for using abortion medication for other purposes. The bill also would not allow lawsuits against pregnant women seeking abortions for themselves.
The bill would allow lawsuits against out-of-state doctors who prescribe or ship abortion pills, family and friends who help a woman obtain abortion pills and others.
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