Texas Senate Bill SB7

Texas 2025 - 89th 2nd C.S.

• Filed: 8/15/25
• Out of Senate Committee: 8/15/25

Caption

Relating to abortion, including civil liability for the manufacture and provision of abortion-inducing drugs, exemptions from the Texas Citizens Participation Act and Religious Freedom Restoration Act, authorizing civil and qui tam actions, amendments to the fee-shifting statute governing abortion litigation, immunity defenses and limits on state-court jurisdiction and relief, the parens patriae standing of the attorney general, and the jurisdiction of the Fifteenth Court of Appeals; providing for severability.

Impact

The bill significantly alters the landscape of abortion laws in Texas by facilitating qui tam actions against individuals or entities accused of violating the provisions of SB7. It provides a structure for private citizens, other than state officials, to enforce abortion laws and seek damages against violators. This could lead to a new level of civic enforcement of abortion regulations in the state. Civil liability provisions specifically emphasize protections against lawsuits for actions taken in accordance with the law and define circumstances that do not constitute violations, ensuring that certain medical actions, like addressing ectopic pregnancies, are safe from litigation.

Summary

SB7, also known as the Woman and Child Protection Act, focuses on regulations surrounding abortion, particularly the civil liability associated with the manufacture and provision of abortion-inducing drugs. This bill introduces a chapter in the Health and Safety Code specifically outlining the liabilities and legal frameworks applicable to abortion prohibitions. The legislation delineates what constitutes an abortion and sets limits on who can be held liable under the law in specific contexts, effectively providing protections for internet service providers and individuals involved in the distribution of abortion-related pharmaceuticals when not acting with the intent to induce an abortion.

Sentiment

The sentiment surrounding SB7 is deeply divided, with proponents arguing it is a necessary measure to uphold laws aimed at protecting unborn children and separate civil liability based on individual actions. Opponents raise concerns about the implications for women's health and rights, arguing that the bill could lead to increased stigma and hostile environments for healthcare providers and patients. Detractors view it as a mechanism that could foster a culture of civil litigation against those involved in lawful abortion services, which threatens access to essential health services.

Contention

Notable points of contention include whether such legal frameworks infringe upon personal liberties and health care rights. Critics also highlight the potential for the bill to create a chilling effect on the medical community, deterring providers from engaging in necessary medical procedures out of fear of litigation. Additionally, the exemption of actions taken under certain medical emergencies raises questions about the clarity of these definitions and the practicalities of enforcement, leading to broader discussions on the balancing act between state interests and individual rights.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 171. Abortion
  • Section: New Section
  • Section: New Section

Civil Practice And Remedies Code

• Chapter 27. Actions Involving The Exercise Of Certain Constitutional Rights
  • Section: 010
  • Section: 010

• Chapter 30. Miscellaneous Provisions
  • Section: New Section
  • Section: New Section

• Chapter 110. Religious Freedom
  • Section: New Section
  • Section: New Section