Bill allowing Texans to sue over abortion-inducing medication sent to Governor's desk
AUSTIN (Nexstar) -- Texas Senators passed legislation to allow lawsuits against anyone involved in making or providing abortion-inducing medication in the state. House Bill 7 would allow private citizens to sue abortion-drug providers if their delivery to Texas is successfully used to induce an abortion.
The legislation passed Wednesday evening with a 17-8 vote in the Senate. House members approved the legislation in late August. The legislation now heads to Gov. Greg Abbott, who is expected to sign it into law.
"You manufacture and ship poisonous illegal drugs into Texas and people are harmed, you will be held accountable. We make no apology for that," bill sponsor Sen. Bryan Hughes, R-Mineola said as he closed on the bill.
"Texas must defend her citizens, and that's what this bill is about," Hughes added.
The bill will likely face legal challenges. Sen. Nathan Johnson, D-Dallas, said he believes HB 7 violates the Constitution by unlawfully delegating the enforcement power of the state to an individual.
"Secondly, by giving a private right of action to any person, it violates the Texas Constitution's standing to sue provision. And third, it violates the due process of law clause of the United States Constitution, 14th Amendment, by awarding an unharmed plaintiff damages from a defendant that didn't cause that person harm," Johnson said before the vote.
The law includes several exceptions for those who can sue on behalf of the aborted fetus, not allowing those who:
- Impregnated the woman through sexual assault
- Committed a family violence offense
- Provided the abortion-inducing drug to the woman without her consent or knowledge
- Have been convicted of stalking
- Acted in concert with someone committing the above offenses
The bill would award at least $100,000 to a successful plaintiff, but the amount the plaintiff can recoup depends on who they are. If the woman who the drug was used on—or the father, sibling or grandparent of the aborted fetus—wins a case under HB 7, they would be entitled to the entire amount. Anyone else who files a lawsuit under this action would only be entitled to a cap of $10,000, with the remainder going to a charitable organization of the plaintiff's choosing. The charity cannot benefit the plaintiff or their family, and the court can not award attorney's fees in their decision.
Sen. Hughes said the potential for financial penalties will help protect the unborn.
"We will not allow Big Pharma to pad its bottom line sending these poisonous pills into Texas," Hughes said, before moving for final passage.