Texas lawmakers have introduced new legislation that would tighten restrictions on chemical abortion pill distribution in the state, cracking down on online sales, interstate trafficking, and mail-order prescriptions. The bills, filed in both chambers of the Texas Legislature, also introduce civil liabilities for those involved in distributing the pills and provide legal avenues for parents to sue each other for secretive terminations of pregnancies.
Senate Bill (SB) 2880, filed by Sen. Bryan Hughes (R-Mineola), and its House counterpart, House Bill (HB) 5510, filed by Rep. Jeff Leach (R-Plano), collectively titled the "Woman and Child Protection Act," seek to hold chemical abortion pill providers strictly accountable for any harm caused to women or unborn children. The legislation comes as a response to continued access to abortion pills despite Texas' near-total ban on abortion since 2022.
Holding Providers Liable for Chemical Abortions
If passed, the bills would allow private citizens to file civil lawsuits against anyone distributing abortion-inducing drugs in Texas. This provision mirrors enforcement mechanisms in previous Texas abortion laws, which have relied on citizen lawsuits rather than direct state prosecution to deter abortion providers.
Under the proposed legislation, anyone found guilty of distributing these pills would be held “strictly and jointly liable,” meaning they could be fully responsible for damages caused by the drugs, regardless of their intent. This means that even if multiple parties are involved in distributing the pills, a single party could bear the financial burden of any harm done unless they seek damages from others involved.
Rep. Leach defended the measure, stating,
"I’m proud to be the author of House Bill 5510, the Woman and Child Protection Act, which is a necessary and urgent step to protect Texas women and their unborn children from the dangers of illegal abortion drug trafficking."
Leach warned that abortion pill providers, particularly those operating online and out of state, pose serious health risks to women:
"Out-of-state abortion profiteers are flooding our state with deadly pills, leaving vulnerable women to suffer severe health risks—hemorrhage, sepsis, and even death—without any medical oversight or care."
Clarifying Texas Law on Abortion-Inducing Drugs
The bills define an abortion-inducing drug as any "drug, a medicine, or any other substance … prescribed, dispensed, or administered with the intent of terminating a clinically diagnosable pregnancy.” However, the legislation does not impose penalties for distributing birth control pills, which may have secondary effects that can interfere with pregnancies but are primarily prescribed for other medical reasons.
Proponents argue the bill is necessary to reinforce Texas’ abortion ban and prevent the exploitation of vulnerable women. Ashley Leenerts, legislative director at Texas Right to Life (TRL), emphasized the urgency of passing the act, stating:
“A person could order abortion pills online right now and they’d be delivered to their doorstep the next day… Texas must pass the Woman and Child Protection Act to save preborn babies and make our state the leader against the underground abortion industry.”
Addressing Cases of Coerced Abortion
One of the concerns driving the legislation is the use of chemical abortion pills in cases of abuse and coercion. A high-profile case in Texas highlighted this issue when Mason Herring was charged in 2022 for secretly administering abortion pills to his pregnant wife, Catherine Herring. Catherine suffered severe medical complications and gave birth prematurely to a baby with deformities.
Mason Herring pleaded guilty in 2024 and was sentenced to 180 days in jail. The case underscored the potential dangers of chemical abortion pills being used without a woman’s consent, an issue that the proposed legislation aims to address by allowing civil lawsuits in such instances.
TRL President John Seago voiced his support for the bill, stating on social media:
“Texas reshaped the U.S. pro-life movement with the Heartbeat Act & the Texas legislature can again with SB 2880. This is the best policy so far to stop deadly abortion pills from being sold online & mailed to kill babies & hurt women at home/in dorms.”
Expanding Education on Texas Abortion Laws
Sen. Hughes has also introduced additional legislation clarifying Texas’ abortion laws, particularly when life-threatening medical conditions necessitate an abortion. These bills would establish legal and medical education programs to help healthcare providers and attorneys navigate the state’s strict abortion restrictions, ensuring compliance with the latest legal standards.
With Texas already enforcing some of the most stringent abortion laws in the country, SB 2880 and HB 5510 seek to further curtail access to chemical abortion pills, while increasing legal penalties for those distributing them. If passed, these measures would make Texas one of the most restrictive states in the nation regarding medication-induced abortion.
What’s Next?
The bills are expected to face both strong support from pro-life advocates and pushback from abortion rights activists. Critics argue that restricting access to chemical abortion pills may endanger women who lack options for safe reproductive care, while supporters say the legislation is a necessary step to protect women and unborn children from harm.
