The Texas House passed controversial legislation on August 28 that allows private citizens to sue out-of-state abortion pill providers for $100,000 or more, marking a decisive victory for anti-abortion advocates in their campaign to restrict medication abortion even beyond state borders. House Bill 7 received initial approval by an 84-46 vote, despite fierce Democratic opposition and warnings from medical professionals that the measure could endanger women's healthcare.
The legislation, which Texas House Democrats have dubbed "the nation's most extreme abortion bill," targets healthcare providers, manufacturers, and distributors who mail or prescribe abortion medications to Texas residents, where abortion is already nearly completely banned.
A Second Chance for Failed Legislation
House Bill 7 represents a revival of similar legislation that died during the regular session earlier this year when it failed to meet a crucial deadline in the House State Affairs Committee. The bill's resurrection came after Governor Greg Abbott included abortion pill restrictions as one of 18 priorities for the current special session, responding to pressure from state and national anti-abortion groups.
"What we are doing is cracking down on, being vigilant on, and giving the tools necessary to enforce our existing abortion laws," said Rep. Jeff Leach, the bill's author, according to CBS Austin.
The legislation had faced significant obstacles during the regular session, with proponents of the original Senate Bill 2880 specifically criticizing Rep. Ken King, the chair of the House State Affairs committee, for allowing the bill to languish before its ultimate demise.
Civil Enforcement Mechanism Expands "Bounty Hunter" Model
The bill employs a civil enforcement mechanism similar to the controversial Senate Bill 8, commonly known as the "bounty hunter law," which allows private citizens to sue doctors who perform abortions. However, House Bill 7 significantly expands this approach by targeting anyone connected to the distribution chain of abortion medications.
Under the legislation, private citizens can sue healthcare providers who prescribe abortion pills via telemedicine, Manufacturers and distributors of abortion medications, Mail-order pharmacies deliver the medications, and Internet service providers facilitate access to abortion pill websites.
The bill is specifically designed to discourage countersuits and attempts to block the law on constitutional grounds by adding penalties for lawyers and judges, potentially requiring judges to pay up to $100,000 to the initial plaintiff in specific scenarios.
Democrats Denounce "Extremist Vigilante" Legislation
Democratic lawmakers launched a fierce attack on the legislation during floor debate, with Rep. Donna Howard drawing comparisons to the dangers of the pre-Roe v. Wade era. Howard noted that the only reason there hasn't been a return to dangerous illegal abortions is because of abortion pills, emphasizing the safety and efficacy of mifepristone and misoprostol compared to standard medications like penicillin or Viagra.
"HB 7 turns our communities into hunting grounds for extremist vigilantes, offering $100,000 bounties to anyone willing to spy on women seeking lifesaving healthcare," said Texas House Minority Leader Rep. Gene Wu in a statement.
Rep. Jolanda Jones characterized the bill as "the political policing of medicine," highlighting what she called the irony of the vote occurring one day after lawmakers passed legislation allowing ivermectin, a non-FDA-approved drug, to be sold over the counter.
Medical Community Raises Safety Concerns
The Texas Medical Association has strongly opposed the legislation, with Dr. Zeke Silva warning during committee hearings that the bill "runs the risk of having a chilling effect on physicians." Medical professionals argue the legislation could make it harder to access abortion medications for legitimate medical emergencies, such as miscarriage management.
"We are physicians. We love this state, we protect the citizens of this state, and we respect the laws of this state," Dr. Silva testified, requesting exemptions for Texas physicians from the bill's oversight and penalties.
Personal testimonies highlighted the medical complexities involved. Kaitlin Cash shared her experience of needing the targeted medications after a miscarriage, explaining how she "was questioned by pharmacists who wanted proof that my baby no longer had a heartbeat" when trying to access the same drugs the bill would restrict.
Rising Stakes in National Abortion Politics
The legislation comes as medication abortion has become increasingly prevalent nationwide. According to the Guttmacher Institute, abortion medication accounted for 63% of all abortions in the United States in 2023, an increase from 53% three years earlier, mainly due to the rise of telemedicine services.
John Seago, president of Texas Right to Life, described the bill as "the most robust and legally innovative effort that our movement has undertaken thus far," expressing hope that it could serve as a model for other states seeking to restrict medication abortion access.
The New York Times reported that critics fear the legislation could serve as a template for other states aiming to restrict medication abortions by encouraging lawsuits against healthcare providers, pharmaceutical companies, and shipping services like FedEx and UPS.
Public Opposition Despite Legislative Success
Despite the bill's passage, polling data suggests most Texans oppose such measures. The Texas Politics Project released a poll in April showing that 54% of Texans either disagree or strongly oppose bills that would sanction civil lawsuits against abortion pill providers.
Rep. Vicki Goodwin, who is running for Lieutenant Governor, cited this polling during a floor debate, arguing that "most Texans do not support this bill."
Controversial Co-Author Highlights Political Tensions
The legislation gained additional scrutiny when Republican State Rep. Giovanni Capriglione was listed as a co-author and voted in favor of the bill. The North Texas Republican recently announced he would not seek re-election after a woman came forward alleging a multi-year affair during which he forced her to have several abortions. While Capriglione has admitted to the affair, he has denied paying for abortions.
Notably, Republican Speaker Dustin Burrows also voted for the bill, which is unusual since the speaker typically abstains from voting.
Federal Legal Battles Already Underway
Texas is already engaged in legal battles over abortion pill access. Attorney General Ken Paxton has filed a civil lawsuit against New York-based Dr. Margaret Carpenter for mailing abortion pills to a Texas patient, with a Texas court finding her guilty. However, New York has declined to enforce the ruling.
Senate Consideration and Legal Challenges
House Bill 7 now moves to the Texas Senate, where a companion version previously passed during the regular session as Senate Bill 2880. The ACLU of Texas has indicated that legal challenges are likely, noting concerns about the bill's impact on constitutional rights.
As the legislation advances through the final stages of the special session, it represents the latest escalation in the ongoing battle over abortion access in America. If signed into law, Texas would join other Republican-controlled states in pioneering new legal mechanisms designed to restrict abortion access beyond their borders, potentially setting the stage for broader constitutional challenges over interstate healthcare commerce and women's reproductive rights.
The bill's passage demonstrates how Texas lawmakers continue to push the boundaries of abortion restrictions, even as the state already maintains one of the nation's most restrictive abortion bans, reflecting the ongoing political divisions that have defined American reproductive rights policy since the overturning of Roe v. Wade.