The Texas state Senate passed a bill Wednesday that would allow private citizens to sue physicians and distributors who mail abortion pills into the state. The measure now goes to Republican Texas Gov. Greg Abbott, who is expected to sign it into law.
The legislation, which was approved with an 18-9 vote, also prohibits the manufacturing of abortion drugs in Texas.
It would be the first law of its kind in the country and is part of the ongoing effort by abortion foes to fight the broad use of the pills, which women turn to for the majority of abortions in the U.S.
The measure includes manufacturers, digital networks and delivery companies among those who could be sued.
Winning plaintiffs would receive as much as $100,000 in damages.
Hospitals and pregnant women would not be subject to any suits under the legislation.
Existing Texas law lets citizens sue providers or anyone who helps someone obtain an abortion. But it doesn’t specifically target providers from outside Texas who send the pills — a combination of mifepristone and misoprostol — by mail.
Texas has a strict abortion ban in place that has narrow exceptions related to the life and health of the mother. The new legislation allows the provision and use of abortion drugs for medical emergencies such as ectopic pregnancies and miscarriages.
A report released by the Society of Family Planning in May 2024 found that about 8,000 women a month were obtaining abortion medications through the mail in 14 states where the procedure is restricted.
Texas Attorney General Ken Paxton previously sued a New York doctor who provided abortion drugs to a Lone Star State resident, but shield laws in states with more permissive abortion laws protect parties prescribing abortion pills — making for messy legal battles.
The new Texas bill is sure to spark a new round of legal battles over whether laws from one state can be enforced in other states.
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