Texas Senate Bill SB1440

Texas 2023 - 88th Regular

• Filed: 3/2/23

Caption

Relating to the processing of certain credit card transactions; creating a criminal offense.

Impact

If enacted, SB 1440 would significantly influence existing laws and regulations surrounding abortion-related services. The bill introduces new legal liabilities for credit card issuers and clarifies the state’s stance against the provision of abortion-inducing drugs through certain channels. Furthermore, the legislation allows individuals to initiate civil action against any credit card issuer found in violation, which can lead to treble damages among other compensatory remedies. This aspect could potentially deter businesses from facilitating transactions related to abortion in Texas.

Summary

Senate Bill 1440 seeks to regulate the processing of credit card transactions specifically related to abortion-inducing drugs in Texas. The bill prohibits credit card issuers from processing transactions for such drugs via courier, delivery, or mail service. In addition to imposing these restrictions, the bill establishes criminal penalties for credit card issuers who violate this law, categorizing such violations as state jail felonies. This legislative move is aligned with the broader trend of restricting access to abortion services in various states across the U.S.

Sentiment

The sentiment surrounding SB 1440 appears to be largely supportive amongst certain factions of the Texas legislature and its constituents who advocate for stricter abortion regulations. Proponents of the bill argue that it reinforces the state’s commitment to protecting unborn lives. Conversely, opposition to the bill is expected from advocates for women's rights and healthcare, who view this regulation as an infringement on personal freedom and an additional burden on women seeking essential health services. The bill’s introduction highlights a significant divide in public opinion concerning reproductive rights.

Contention

Notable points of contention regarding SB 1440 include the implications of criminalizing credit card transactions associated with abortion-inducing drugs. Critics argue that such measures aim to further stigmatize and obstruct access to safe abortion services, thereby potentially endangering women's health. Additionally, there are concerns regarding the enforcement mechanisms outlined in the bill, including how state officials will navigate constitutional challenges. Critics also highlight that the language of the bill could lead to confusion and excessive litigation, creating a chilling effect on providers and patients seeking needed medical care.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 171. Abortion
  • Section: New Section