Bill Text: TX SB2352 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to prohibiting transporting or funding the transportation of an unemancipated minor for an abortion; providing a civil penalty; creating a criminal offense.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced) 2025-03-25 - Referred to State Affairs [SB2352 Detail]
Download: Texas-2025-SB2352-Introduced.html
| 2025S0216-1 03/11/25 | ||
| By: King | S.B. No. 2352 | |
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| relating to prohibiting transporting or funding the transportation | ||
| of an unemancipated minor for an abortion; providing a civil | ||
| penalty; creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle H, Title 2, Health and Safety Code, is | ||
| amended by adding Chapter 170B to read as follows: | ||
| CHAPTER 170B. TRANSPORTING A MINOR FOR AN ABORTION | ||
| Sec. 170B.001. DEFINITIONS. In this chapter: | ||
| (1) "Abortion" has the meaning assigned by Section | ||
| 245.002(1). | ||
| (2) "Unborn child" has the meaning assigned by Section | ||
| 170A.001(5). | ||
| (3) "Unemancipated minor" includes a minor who: | ||
| (A) is unmarried; and | ||
| (B) has not had the disabilities of minority | ||
| removed under Chapter 31, Family Code. | ||
| Sec. 170B.002. PROHIBITED TRANSPORTATION; EXCEPTIONS. (a) | ||
| No person shall knowingly transport or fund the transportation of | ||
| an unemancipated minor from Texas and into another state or country | ||
| for the purpose of the minor obtaining an abortion without the | ||
| written consent of a parent of the unemancipated minor or a person | ||
| lawfully standing in the position of a parent of the unemancipated | ||
| minor. | ||
| (b) The prohibition under Subsection (a) does not apply to | ||
| an abortion performed or induced under the exceptions described in | ||
| Section 170A.002(b), (c), and (d), Health and Safety Code. | ||
| Sec. 170B.003. CONSTRUCTION OF CHAPTER. This chapter may | ||
| not be construed to authorize the imposition of criminal, civil, or | ||
| administrative liability or penalties on an unemancipated minor. | ||
| Sec. 170B.004. CRIMINAL OFFENSE. (a) A person who violates | ||
| Section 170B.002 commits an offense. | ||
| (b) An offense under this section is a felony of the second | ||
| degree, except that the offense is a felony of the first degree if | ||
| the unborn child dies as a result of an abortion that occurred in a | ||
| state or country that the unemancipated was transported to in | ||
| violation of Section 170B.002. | ||
| Sec. 170B.005. CIVIL PENALTY. A person who violates | ||
| Section 170B.002 is subject to a civil penalty of not less than | ||
| $100,000 for each violation. The attorney general shall file an | ||
| action to recover a civil penalty assessed under this section and | ||
| may recover attorney's fees and costs incurred in bringing the | ||
| action. | ||
| Sec. 170B.006. CIVIL REMEDIES UNAFFECTED. The fact that | ||
| conduct is subject to a civil or criminal penalty under this chapter | ||
| does not abolish or impair any remedy for the conduct that is | ||
| available in a civil suit. | ||
| Sec. 170B.007. DISCIPLINARY ACTION. In addition to any | ||
| other penalty that may be imposed under this chapter, the | ||
| appropriate licensing authority shall revoke the license, permit, | ||
| registration, certificate, or other authority of a physician or | ||
| other health care professional who transports or funds the | ||
| transportation of an unemancipated minor in violation of Section | ||
| 170B.002. | ||
| SECTION 2. The provisions of this Act are hereby declared | ||
| severable, and if any provision of this Act or the application of | ||
| such provision to any person or circumstance is declared invalid | ||
| for any reason, such declaration shall not affect the validity of | ||
| the remaining portions of this Act. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to an abortion performed or induced on or after the effective date | ||
| of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2025. | ||
