SB2880 Relating to abortion, including civil liability for distribution of abortion-inducing drugs; making conforming changes and harmonizing conforming provisions; authorizing a private civil right of action.

↓Restricts abortion access model confidence 95%

Prohibits manufacture, distribution, mailing, transport, delivery, prescription or provision of abortion-inducing drugs in or to the state (with narrow exceptions), so less access to medication abortion.

a person may not: (1) manufacture or distribute an abortion-inducing drug in this state; or (2) mail, transport, deliver, prescribe, or provide an abortion-inducing drug in any manner to any person or location in this state.

✓ Quote verified word for word in the bill text

↓Restricts abortion access model confidence 95%

Prohibits manufacture, distribution, mailing, transport, delivery, prescription or provision of abortion-inducing drugs in or to the state (with narrow exceptions), so less access to medication abortion.

a person may not: (1) manufacture or distribute an abortion-inducing drug in this state; or (2) mail, transport, deliver, prescribe, or provide an abortion-inducing drug in any manner to any person or location in this state.

✓ Quote verified word for word in the bill text

↓Restricts abortion access model confidence 90%

Imposes civil liability for wrongful death or personal injury of an 'unborn child' from use of an abortion-inducing drug and allows the mother or father to sue for the unborn child's wrongful death, so expands legal recognition of the unborn as a rights-bearing person.

a person who manufactures, distributes, mails, prescribes, or provides an abortion-inducing drug, or who engages in any conduct prohibited by Section 171A.051 is strictly, absolutely, and jointly and severally liable for: (1) the wrongful death of an unborn child or pregnant woman from the use of the abortion-inducing drug; and (2) personal injury of an unborn child or pregnant woman from the use of the abortion-inducing drug.

✓ Quote verified word for word in the bill text

↓Restricts abortion access model confidence 85%

Authorizes private civil actions and qui tam suits imposing massive liability (including market-share liability, no proximate-cause defense, 6-year statute of limitations, no class actions, limits on defenses) on anyone who distributes or facilitates abortion-inducing drugs, so greater legal risk to

a person who manufactures, distributes, mails, prescribes, or provides an abortion-inducing drug, or who engages in any conduct prohibited by Section 171A.051 is strictly, absolutely, and jointly and severally liable for: (1) the wrongful death of an unborn child or pregnant woman from the use of the abortion-inducing drug; and (2) personal injury of an unborn child or pregnant woman from the use of the abortion-inducing drug.

✓ Quote verified word for word in the bill text

↓Restricts abortion access model confidence 85%

Applies Texas law to use of abortion-inducing drugs by a Texas resident regardless of where the use occurs, voids choice-of-law or choice-of-forum clauses favoring other states, and bars reliance on out-of-state or interstate abortion shield laws as a defense, so reduces interstate-shield protection

the law of this state applies to the use of an abortion-inducing drug by a resident of this state, regardless of where the use of the drug occurs, and to an action brought under Section 171A.101 to the maximum extent permitted by the Texas Constitution and federal law, including the United States Constitution.

✓ Quote verified word for word in the bill text