AUSTIN (Nexstar) Texas Senators approved a bill permitting lawsuits against those involved in the distribution or provision of abortion-inducing medications within the state. House Bill 7 enables private citizens to take legal action against abortion-drug providers if their shipment to Texas is used successfully to conduct an abortion.
On Wednesday evening, the Senate passed the legislation with a 17-8 vote, following the House’s approval in late August. The bill now advances to Governor Greg Abbott, who is anticipated to sign it into law.
“You manufacture and ship poisonous illegal drugs into Texas, and people are harmed, you will be held accountable. We make no apology for that,” stated bill sponsor Sen. Bryan Hughes, R-Mineola, as he concluded his remarks on the bill.
“Texas must defend her citizens, and that’s what this bill is about,” Hughes added.
The legislation is expected to encounter legal challenges. Sen. Nathan Johnson, D-Dallas, argued that HB 7 violates the Constitution by improperly delegating the state’s enforcement authority to individuals.
“Secondly, by granting a private right of action to any person, it contravenes the Texas Constitution’s standing to sue provision. And third, it breaches the due process clause of the United States Constitution’s 14th Amendment, by allowing an unharmed plaintiff to claim damages from a defendant that didn’t cause them harm,” Johnson stated prior to the vote.
The law includes several exceptions for those who can sue on behalf of the aborted fetus, not allowing those who:
- Impregnated the woman through sexual assault
- Committed a family violence offense
- Provided the abortion-inducing drug to the woman without her consent or knowledge
- Have been convicted of stalking
- Acted in concert with someone committing the above offenses
The bill proposes a minimum award of $100,000 to a successful plaintiff, though the recoverable amount differs based on the plaintiff’s relation to the case. If the woman who used the drug—or the father, sibling, or grandparent of the aborted fetus—prevails under HB 7, they are entitled to the full sum. Any other successful plaintiff would only receive up to $10,000, with the remainder donated to a chosen charity, provided it does not benefit the plaintiff or their family. Additionally, the court is prohibited from awarding attorney’s fees in these cases.
Hughes said the potential for financial penalties will help protect the unborn.
“We will not allow Big Pharma to pad its bottom line sending these poisonous pills into Texas,” Hughes said, before moving for final passage.
