HB 220

Overall Vote Recommendation
No
Principle Criteria
negative
Free Enterprise
negative
Property Rights
neutral
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest
HB 220 amends Section 323.004 of the Texas Health and Safety Code to strengthen the standards of care that healthcare facilities must provide to survivors of sexual assault. Under this bill, healthcare facilities are required to offer a range of services to survivors, including a forensic medical examination, a private area to wait and consult with medical, legal, or advocacy staff, and access to a private treatment room if available. Survivors must also receive information about their rights, contact information for the nearest sexual assault crisis center, and, if medically indicated, prophylactic treatment for sexually transmitted infections.

Additionally, the bill introduces two new survivor rights. First, if shower facilities exist at the healthcare location, survivors must be offered a free shower after undergoing a forensic exam. Second, if clinically appropriate and with the survivor’s consent, the facility must provide an emergency contraceptive approved by the U.S. Food and Drug Administration to prevent pregnancy by delaying ovulation.

However, HB 220 strictly prohibits healthcare facilities from offering or providing any drug or device intended to terminate an existing pregnancy. The bill is designed to expand compassionate support for survivors without engaging facilities in practices related to abortion.

The originally filed version of HB 220 focused on enhancing the minimum standards of care for sexual assault survivors in healthcare facilities. It required facilities to provide services such as a forensic medical exam, access to a private area and private treatment room (if available), contact with a sexual assault program advocate, the required informational form, appropriate prophylaxis against sexually transmitted infections, the nearest crisis center’s contact information, a free shower (if facilities are available), and—if consented to and clinically appropriate—an FDA-approved emergency contraceptive to prevent pregnancy.

The major change introduced in HB 220 was the addition of a new prohibition: healthcare facilities are expressly barred from providing or offering any drug or device that would terminate an existing pregnancy. This change clarifies that while emergency contraception (which prevents ovulation) must be provided if clinically appropriate, abortifacient treatments are not permitted under the bill.

In terms of structure and intent, the committee substitute retains all the survivor-supportive measures from the filed bill but adds a protective limitation designed to address concerns around abortion services. This addition draws a clearer ethical and legal boundary regarding reproductive healthcare services that healthcare facilities are allowed to provide under this statute.
Author (5)
Claudia Ordaz
Angelia Orr
Toni Rose
James Frank
Donna Howard
Co-Author (21)
Sponsor (1)
Joan Huffman
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 220 is estimated to have no significant fiscal implications for the State. The report notes that any additional costs associated with the bill’s new requirements—such as providing emergency contraception, offering showers, and ensuring access to certain survivor services—are expected to be absorbed using existing resources available to healthcare facilities and the relevant state agencies.

Similarly, the fiscal analysis concludes that there would be no significant fiscal impact on units of local government. Healthcare facilities, including those operated by local governments, are assumed to manage any compliance costs without requiring additional state funding or major operational changes.

Overall, the bill is structured in a way that expands survivors’ rights and facility obligations without triggering new appropriations, major administrative expansions, or unfunded mandates on state or local entities.

Vote Recommendation Notes

While the intent of HB 220 to provide comprehensive, trauma-informed care for sexual assault survivors is commendable, serious ethical and moral concerns justify opposing the bill. Emergency contraception (EC), particularly products like Plan B and Ella, has mechanisms of action that go beyond preventing ovulation. Scientific studies and pharmaceutical labeling evidence suggest that EC can also act after fertilization by altering the uterine lining to prevent implantation of a fertilized embryo​. From a pro-life perspective, human life begins at fertilization, not implantation; thus, any action that prevents implantation can result in the death of a newly created human life.

In addition, compelling healthcare providers to offer EC could violate their conscience rights. Providers with deeply held religious or moral beliefs about the sanctity of life from conception would be forced to participate in what they see as an act that could destroy human life. No meaningful conscience protections are included in HB  220 to safeguard against this coercion.

Opposition to the bill is not opposition to providing care, compassion, or justice for sexual assault survivors. Survivors deserve access to supportive and healing care. However, that care should not introduce the risk of further victimization by endangering new human life or forcing providers to act against their conscience. For these reasons, based on the moral concerns about EC's potential abortifacient effects and the absence of conscience protections, Texas Policy Research recommends that lawmakers vote NO on HB 220, consistent with a strong commitment to protecting both survivors and preborn human life.

  • Individual Liberty: The bill enhances the individual liberty of sexual assault survivors by guaranteeing access to time-sensitive medical options like emergency contraception, with informed consent. It aims to restore agency to survivors who have had their bodily autonomy violated. However, it simultaneously threatens the individual liberty of healthcare providers who may have deeply held religious or moral objections to offering emergency contraception. Without explicit conscience protections, it forces individuals and institutions to participate in an act they may believe destroys innocent human life. Thus, the bill supports liberty for survivors but infringes on the liberty of medical professionals.
  • Personal Responsibility: The bill empowers survivors to make their own medical decisions after an assault, contingent on their consent. This respects the idea that individuals are responsible for their own health decisions when informed. However, by mandating provider participation without allowing opt-outs based on conscience, it dilutes the principle that individuals (including providers) should be personally responsible for acting in accordance with their values, not government dictates.
  • Free Enterprise: The bill places new regulatory burdens on healthcare facilities, requiring them to stock, offer, and possibly dispense emergency contraception. Even private hospitals — including religiously affiliated ones — would be bound by this mandate. This restricts the freedom of enterprise to set medical and ethical policies according to the mission of the institution, affecting operational autonomy.
  • Private Property Rights: Mandating how facilities must use their resources (for example, stocking particular medications, offering them in all qualifying cases, staffing advocates) limits the property rights of hospital owners and operators. Even though these are public-facing businesses, the bill erodes the right to govern the use of one's private facilities and inventory, particularly for those who object to EC.
  • Limited Government: The bill represents a notable expansion of state power into private medical decision-making between doctors, institutions, and patients. It mandates specific services under threat of regulatory penalties without respecting religious or ethical diversity among providers. Rather than respecting voluntary, locally determined standards of care, it imposes a one-size-fits-all rule from Austin.
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