Texas House Bill HB4876

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

Imposing liability on those who perform or assist unlawful abortions.

Impact

This legislation is poised to significantly alter the legal landscape surrounding abortion in Texas by empowering private citizens to bring civil suits against individuals who facilitate unlawful abortions. The bill specifically outlines that exemplary damages of no less than $5 million may be recovered from defendants found to be acting with intent to facilitate unlawful abortions. Furthermore, the bill aims to specify that laws of Texas will apply universally to any abortion involving its residents, irrespective of jurisdictional boundaries, which may lead to increased legal complications for providers operating across state lines.

Summary

House Bill 4876 introduces measures to impose civil liability on individuals who perform or assist in unlawful abortions in Texas. The bill defines unlawful abortion broadly, including acts that violate state or federal laws, and provides definitions for terms such as 'abortion', 'unborn child', and 'wrongful act'. It aims to hold liable those involved in the manufacturing and distribution of abortion-inducing drugs, such as mifepristone, creating a legal framework for impacted parties to seek damages.

Sentiment

The sentiment surrounding HB 4876 appears deeply polarized. Supporters argue that the bill enhances protections for unborn children and holds individuals accountable for unlawful actions, while opponents express significant concern over the potential infringement on women's rights and health choices. Advocacy groups raising alarms emphasize that the bill may create an environment where fear surrounds healthcare decisions, leading to potential chilling effects on providers who wish to offer necessary services to patients.

Contention

Key points of contention include the implications of private enforcement of the law, as the bill explicitly prohibits state involvement in enforcement, leading some critics to argue that it may lead to an increase in frivolous lawsuits. Critics also raise concerns about the definition of 'unlawful abortion,' suggesting that it may lead to overreach and penalties for actions taken under the premises of medical necessity. The lack of legal protection for the mothers of unborn children within the text and the high threshold for liability against healthcare providers raise alarms among legal and health advocates alike.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 71. Wrongful Death; Survival; Injuries Occurring Out Of State
  • Section: New Section