TexasHB 789th Legislature 2nd Called SessionHouseWALLET

Relating to prohibitions on the manufacture and provision of abortion-inducing drugs, including the jurisdiction of and effect of certain judgments by courts within and outside this state with respect to the manufacture and provision of those drugs, and to protections from certain counteractions under the laws of other states and jurisdictions; authorizing qui tam actions.

Sponsored By: Hillary Hickland, Bryan Hughes (Republican), Jeff Leach, Will Metcalf, Katrina Pierson, Ellen Troxclair

Signed by Governor

AbortionCivil Remedies & LiabilitiesCourts--GeneralHealth Care ProvidersWOMAN & CHILD PROTECTION ACTMEDICINE & PRESCRIPTION DRUGSPHYSICIANSPREGNANCY & CHILDBIRTHFIFTEENTH COURT OF APPEALS

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

7 provisions identified: 3 benefits, 0 costs, 4 mixed.

Counter-lawsuit targets can recover large damages

People facing a clawback suit or judgment based wholly or partly on protected conduct can recover damages and court protection. Recovery covers losses, including the judgment amount, defense costs, expenses, reasonable lawyer fees, and costs of bringing the Texas case. An extra award equals the greater of twice the specified damages and expenses or $100,000. Courts also order an end to further covered clawback litigation or enforcement; these remedies cover claims arising on or after the law’s effective date. Chapter 27 dismissal rules do not apply, and the Fifteenth Court of Appeals handles all intermediate appeals and related original proceedings.

Large awards for abortion drug lawsuits

Winning private claimants get court orders preventing further violations, at least $100,000 per violation, plus costs and reasonable lawyer fees. The pregnant woman, or the unborn child’s father, sibling, or grandparent, receives the full per-violation award. Other claimants receive $10,000 per violation; the rest is held in trust for their chosen charity. That money must benefit the charity, which cannot pay the claimant or the claimant’s family. A standing prior order requiring the same defendant to pay for that violation blocks another monetary award, including costs and fees.

Texas limits abortion drugs, exempts women

The law bans making, possessing, prescribing, distributing, mailing, transporting, or providing abortion-inducing drugs in Texas, with listed exceptions. It also covers sending or providing these drugs to or from Texas. It exempts a pregnant woman’s own abortion-related conduct and preserves specified protected speech. Exceptions cover listed health facilities and providers, internet services that only provide access or hosting, and permitted medical uses. These uses include medical emergencies, ectopic pregnancy treatment, removal after miscarriage, and other listed non-abortion purposes; federal immunity also limits the ban.

Women get privacy protections in lawsuits

Claimants and defendants cannot publicly share or improperly obtain covered personal and health information without the person’s consent. These rules protect information about women involved in abortion-drug enforcement cases. A court cannot order the specified pre-lawsuit questioning under oath of a woman accused of involvement unless she consents.

Texas protects participants from counter-lawsuits

The law protects people who bring or assist covered abortion-drug lawsuits from other states’ counter-lawsuits, called clawback actions. Texas law governs listed conduct and cases, including covered clawback claims against Texas residents, unless federal or Texas constitutional law requires otherwise. On request in a qualifying case, courts must order defendants and legally connected parties to stop bringing or continuing covered counter-lawsuits. After a qualifying judgment against a defendant, that defendant and legally connected parties cannot pursue clawback issues raised or available in that case. Texas courts cannot enforce out-of-state clawback judgments unless federal or Texas constitutional law requires it; these rules cover claims arising on or after the law’s effective date.

Drug lawsuit defendants face Texas rules

Texas courts can hear covered drug-enforcement cases and serve defendants outside Texas as far as federal constitutional limits allow. Texas law generally controls; contracts choosing another state’s law or courts are void, subject to federal and Texas constitutional limits. Defendants can prove they lacked awareness and took reasonable precautions, or raise listed constitutional defenses, including limits on out-of-state reach. They must show their defense is more likely true than not; relying on nonbinding rulings or another state’s law generally fails. The court and governing-law rules cover claims arising on or after the law’s effective date. Chapter 27 dismissal rules do not apply, and the Fifteenth Court of Appeals handles all intermediate appeals and related original proceedings.

Private abortion drug lawsuits have limits

Eligible private people can sue over actual or intended drug-ban violations, using an assigned state claim that Texas no longer owns. Only these private lawsuits enforce this ban; officials cannot direct, join, or coordinate them, though independent court briefs remain allowed. Other laws remain enforceable, but these lawsuits cannot be class actions and must be filed within six years after the claim arises. Suits cannot target women for using, obtaining, or seeking the drugs; federal protections and listed transportation and delivery exemptions also apply. People with listed criminal or family-violence findings, or who supplied drugs without consent, cannot sue. Claims against drug manufacturers, distributors, and common carriers require proof they failed to adopt and implement the required handling policy, with medical-use exceptions.

Sponsors & Cosponsors

Sponsors

  • Hillary Hickland

    House

  • Bryan Hughes

    Republican • Senate

  • Jeff Leach

    House

  • Will Metcalf

    House

  • Katrina Pierson

    House

  • Ellen Troxclair

    House

Cosponsors

  • Daniel Alders

    House

  • Trent Ashby

    House

  • Cecil Bell Jr.

    House

  • Keith Bell

    House

  • Paul Bettencourt

    Republican • Senate

  • Greg Bonnen

    House

  • Brad Buckley

    House

  • Benjamin Bumgarner

    House

  • Briscoe Cain

    House

  • Donna Campbell

    Republican • Senate

  • Giovanni Capriglione

    House

  • David Cook

    House

  • Charles Cunningham

    House

  • Pat Curry

    House

  • Mark Dorazio

    House

  • Paul Dyson

    House

  • James Frank

    House

  • Stan Gerdes

    House

  • Ryan Guillen

    House

  • Brent Hagenbuch

    Republican • Senate

  • Bob Hall

    Republican • Senate

  • Sam Harless

    House

  • Cody Harris

    House

  • Caroline Harris Davila

    House

  • Richard Hayes

    House

  • Cole Hefner

    House

  • Adam Hinojosa

    Republican • Senate

  • Janis Holt

    House

  • Andy Hopper

    House

  • Joan Huffman

    Republican • Senate

  • Lacey Hull

    House

  • Todd Hunter

    House

  • Carrie Isaac

    House

  • Helen Kerwin

    House

  • Phil King

    Republican • Senate

  • Stan Kitzman

    House

  • Lois Kolkhorst

    Republican • Senate

  • Brooks Landgraf

    House

  • Terri Leo Wilson

    House

  • Mitch Little

    House

  • Janie Lopez

    House

  • AJ Louderback

    House

  • John McQueeney

    House

  • Morgan Meyer

    House

  • Mayes Middleton

    Republican • Senate

  • Mike Olcott

    House

  • Tom Oliverson

    House

  • Tan Parker

    Republican • Senate

  • Jared Patterson

    House

  • Dennis Paul

    House

  • Angela Paxton

    Republican • Senate

  • Keresa Richardson

    House

  • Schatzline

    Affiliation unavailable

  • Alan Schoolcraft

    House

  • Charles Schwertner

    Republican • Senate

  • Matt Shaheen

    House

  • Joanne Shofner

    House

  • Shelby Slawson

    House

  • John T. Smithee

    House

  • Kevin Sparks

    Republican • Senate

  • David Spiller

    House

  • Carl H. Tepper

    House

  • Tony Tinderholt

    House

  • Cody Vasut

    House

  • Denise Villalobos

    House

  • Trey Wharton

    House

  • Terry M. Wilson

    House

Roll Call Votes

All Roll Calls

Yes: 49 • No: 23

Senate vote • 9/3/2025

Record vote

Yes: 0 • No: 0

Senate vote • 9/2/2025

Record vote

Yes: 0 • No: 0

Senate vote • 9/2/2025

Record vote

Yes: 17 • No: 9

Senate vote • 9/2/2025

Record vote

Yes: 17 • No: 9

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

Senate vote • Unknown

Committee vote: State Affairs

Yes: 7 • No: 1

House vote • Unknown

Committee vote: Public Education

Yes: 8 • No: 4

Actions Timeline

  1. Effective on . . . . . . . . . . . . . . . (December 4, 2025)

    9/17/2025House
  2. Signed by the Governor

    9/17/2025House
  3. Sent to the Governor

    9/4/2025House
  4. Signed in the Senate

    9/3/2025Senate
  5. Signed in the House

    9/3/2025House
  6. Reported enrolled

    9/3/2025House
  7. Senate passage reported

    9/3/2025House
  8. Record vote

    9/3/2025Senate
  9. Passed

    9/3/2025Senate
  10. Read 3rd time

    9/3/2025Senate
  11. Laid before the Senate

    9/3/2025Senate
  12. Co-sponsor authorized

    9/3/2025Senate
  13. Record vote

    9/2/2025Senate
  14. Read 2nd time & passed to 3rd reading

    9/2/2025Senate
  15. Record vote

    9/2/2025Senate
  16. Rules suspended-Regular order of business

    9/2/2025Senate
  17. Record vote

    9/2/2025Senate
  18. Ordered not printed

    9/2/2025Senate
  19. Reported favorably w/o amendments

    9/2/2025Senate
  20. Vote taken in committee

    9/2/2025Senate
  21. Considered in public hearing

    9/2/2025Senate
  22. Referred to State Affairs

    9/2/2025Senate
  23. Read first time

    9/2/2025Senate
  24. Received from the House

    9/2/2025Senate
  25. Co-sponsor authorized

    9/2/2025Senate

Bill Text

Related Bills

Back to State Legislation