According to the Legislative Budget Board (LBB), the fiscal implications of SB 7 are indeterminate. The core uncertainty stems from the bill’s reliance on civil enforcement through private qui tam actions, which makes it difficult to predict how many lawsuits will be filed, what damages may be awarded, or how state or local revenue might be affected.

The bill authorizes the Attorney General to bring civil actions on behalf of unborn children in certain cases involving violations of abortion-related laws. While this expands the enforcement role of the Office of the Attorney General (OAG), the fiscal note assumes that any associated costs could be absorbed within the agency’s existing resources and budget.

However, the Office of Court Administration (OCA) states that it is unable to project the bill’s fiscal impact on the state judiciary. This is due to the unknown volume and complexity of civil litigation that may be triggered by the bill’s expansive provisions. Similarly, the Comptroller cannot estimate the effect on state revenue resulting from potential increases in civil penalties or court costs.

For local governments, the fiscal impact is also undetermined. The volume of new civil actions filed in local courts and their potential influence on court administration, staffing, or local fee revenue remains speculative at this stage.

SB 7, the Woman and Child Protection Act, continues Texas’s post-Roe enforcement strategy by expanding civil enforcement mechanisms against the manufacture, distribution, mailing, prescribing, or provision of abortion-inducing drugs. It creates Chapter 171A of the Health & Safety Code, prohibiting such actions except in narrowly defined circumstances, including medical emergencies, ectopic pregnancies, or miscarriage treatment. Like its predecessor, SB 7 shields neutral service providers, such as internet service providers, search engines, and cloud hosting platforms, from liability when they do not actively participate in the restricted activities.

The bill’s enforcement relies almost entirely on private civil actions through a qui tam framework, excluding governmental officials and political subdivisions from bringing suit. Any private person may initiate litigation and seek injunctive relief and statutory damages of at least $100,000 per violation, plus attorneys’ fees and costs. This mechanism mirrors the structure first seen in the Texas Heartbeat Act (SB 8, 2021), aiming to deter violations while avoiding direct state enforcement. In addition, SB 7 affirms and strengthens the Attorney General’s parens patriae authority to bring civil actions on behalf of unborn children, further reinforcing the state’s interest in protecting prenatal life through non-criminal channels.

SB 7 also introduces a complex jurisdictional architecture to insulate the statute from legal challenge. It invalidates choice-of-law and forum-selection clauses that might relocate disputes to more permissive jurisdictions. It narrows the range of available defenses, exempts actions from the Texas Citizens Participation Act and the Religious Freedom Restoration Act, and grants exclusive intermediate appellate jurisdiction to the newly created Fifteenth Court of Appeals. Sovereign immunity protections are reinforced, and fee-shifting provisions are revised to limit the recovery of legal costs by unsuccessful challengers. Taken together, these elements form a robust, procedurally insulated legal infrastructure. Accordingly, Texas Policy Research recommends that lawmakers vote YES on SB 7.

• Senate Committee on State Affairs: 10Y/1N