2025S0216-1 03/11/25
By: King S.B. No. 2352
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting transporting or funding the transportation
of an unemancipated minor for an abortion; providing a civil
penalty; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 170B to read as follows:
CHAPTER 170B. TRANSPORTING A MINOR FOR AN ABORTION
Sec. 170B.001. DEFINITIONS. In this chapter:
(1) "Abortion" has the meaning assigned by Section
245.002(1).
(2) "Unborn child" has the meaning assigned by Section
170A.001(5).
(3) "Unemancipated minor" includes a minor who:
(A) is unmarried; and
(B) has not had the disabilities of minority
removed under Chapter 31, Family Code.
Sec. 170B.002. PROHIBITED TRANSPORTATION; EXCEPTIONS. (a)
No person shall knowingly transport or fund the transportation of
an unemancipated minor from Texas and into another state or country
for the purpose of the minor obtaining an abortion without the
written consent of a parent of the unemancipated minor or a person
lawfully standing in the position of a parent of the unemancipated
minor.
(b) The prohibition under Subsection (a) does not apply to
an abortion performed or induced under the exceptions described in
Section 170A.002(b), (c), and (d), Health and Safety Code.
Sec. 170B.003. CONSTRUCTION OF CHAPTER. This chapter may
not be construed to authorize the imposition of criminal, civil, or
administrative liability or penalties on an unemancipated minor.
Sec. 170B.004. CRIMINAL OFFENSE. (a) A person who violates
Section 170B.002 commits an offense.
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
the unborn child dies as a result of an abortion that occurred in a
state or country that the unemancipated was transported to in
violation of Section 170B.002.
Sec. 170B.005. CIVIL PENALTY. A person who violates
Section 170B.002 is subject to a civil penalty of not less than
$100,000 for each violation. The attorney general shall file an
action to recover a civil penalty assessed under this section and
may recover attorney's fees and costs incurred in bringing the
action.
Sec. 170B.006. CIVIL REMEDIES UNAFFECTED. The fact that
conduct is subject to a civil or criminal penalty under this chapter
does not abolish or impair any remedy for the conduct that is
available in a civil suit.
Sec. 170B.007. DISCIPLINARY ACTION. In addition to any
other penalty that may be imposed under this chapter, the
appropriate licensing authority shall revoke the license, permit,
registration, certificate, or other authority of a physician or
other health care professional who transports or funds the
transportation of an unemancipated minor in violation of Section
170B.002.
SECTION 2. The provisions of this Act are hereby declared
severable, and if any provision of this Act or the application of
such provision to any person or circumstance is declared invalid
for any reason, such declaration shall not affect the validity of
the remaining portions of this Act.
SECTION 3. The change in law made by this Act applies only
to an abortion performed or induced on or after the effective date
of this Act.
SECTION 4. This Act takes effect September 1, 2025.