Texas lawmakers have approved a controversial measure that would allow private citizens to sue individuals and companies that send abortion pills to patients in the state, deepening its already strict restrictions on abortion access.
House Bill 7 cleared both chambers of the Republican-controlled legislature this week and now awaits the signature of Governor Greg Abbott, who has been outspoken in his opposition to abortion. Abbott is expected to sign the bill into law, which would make Texas the first state in the nation to adopt such a policy. If enacted, it would take effect in December.
“Texas is a first mover here,” said Elizabeth Sepper, a professor at the University of Texas School of Law. “This is yet another tool that many states will likely consider in the years ahead.”
Texas already enforces one of the most restrictive abortion bans in the country, outlawing the procedure in nearly all cases and permitting citizens to sue anyone who assists in an abortion after about six weeks of pregnancy. HB 7 goes further by targeting abortion pills, the most common method of terminating a pregnancy in the United States.
Under the proposal, private citizens would be able to sue pill manufacturers, providers, or others who send abortion medication into Texas for at least $100,000 in damages. Pregnant patients themselves would not face liability. The damages could go to the pregnant person, the person who impregnated them, or certain family members. Others filing a lawsuit could collect $10,000, with the remainder directed to charity.
Supporters say the legislation will strengthen the state’s ability to enforce its abortion ban. John Seago, president of Texas Right to Life, praised the measure as “a phenomenal victory for the pro-life movement,” calling it the most aggressive response yet to efforts by providers to mail pills into the state despite restrictions.
Critics, however, have condemned the bill as a dangerous expansion of Texas’s so-called “bounty hunter” laws. Abortion rights groups argue the legislation is designed to intimidate out-of-state providers who rely on shield laws—statutes in their home states that protect them from prosecution when sending medication to patients in states with abortion bans.
“This is fear-mongering, plain and simple,” said Molly Duane, senior attorney at the Center for Reproductive Rights. “They are trying to scare Texans away from seeking medication abortion. But Texans aren’t scared.”
Shield laws, enacted in 18 states and Washington, D.C., have already fueled legal clashes between states. Texas, for example, has sued New York physician Dr. Margaret Daley Carpenter for allegedly prescribing abortion pills to a Texas resident via telemedicine. New York officials have refused to extradite her, citing their shield protections.
Observers say HB 7 represents Texas’s latest attempt to push back against the rise of telehealth prescriptions for abortion medication since the U.S. Supreme Court overturned Roe v. Wade in 2022. Whether the law proves effective—and whether other states follow Texas’s lead—may hinge on how far the legislation deters the use of abortion pills once it takes effect.