SB 1233

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
neutral
Limited Government
positive
Individual Liberty
Digest
SB 1233, known as the Perinatal Palliative Care Act, seeks to establish a framework within the Texas Health and Safety Code to ensure that pregnant women facing a diagnosis of a life-threatening or life-limiting condition in their unborn child are informed of perinatal palliative care options. The bill creates Subchapter Z in Chapter 161 of the Health and Safety Code, outlining definitions, responsibilities for state health agencies, and the expectations for health care providers in communicating with patients.

The bill directs the Health and Human Services Commission (HHSC), in coordination with the Department of State Health Services and the Palliative Care Interdisciplinary Advisory Council, to develop and regularly update informational materials explaining perinatal palliative care. These materials must be posted on the HHSC website and include descriptions of care options and available medical assistance benefits. In addition, HHSC must maintain a geographically indexed list of perinatal palliative care providers, but this list is explicitly barred from including abortion providers or affiliates unless they only provide abortions in emergencies as defined by law.

SB 1233 also mandates that health care providers must present these materials to any pregnant patient whose unborn child is diagnosed with a qualifying condition. The patient must then sign a certification form confirming receipt of the information and provider list. Providers who fail to comply with this requirement may be subject to administrative penalties. The bill intends to ensure that families facing difficult prenatal diagnoses are offered supportive, compassionate care options rather than being left uninformed or isolated during the perinatal period.

Overall, SB 1233 codifies a structured approach to perinatal palliative care access and information, emphasizing non-abortive care pathways for women continuing high-risk pregnancies, in alignment with broader legislative trends in post-Roe Texas.

The Committee Substitute for SB 1233 makes several notable changes to the originally filed version while preserving the bill's central objective: to ensure that pregnant women carrying a fetus diagnosed with a life-threatening or life-limiting condition are informed of perinatal palliative care options. One of the most visible changes is the shift in language—replacing terms like "preborn child" and "disability" with "unborn child" and "illness or medical condition." This linguistic adjustment brings the bill in line with more widely accepted medical terminology and reduces ideologically charged language.

Additionally, the substitute expands the role of state agencies. While the original version placed the responsibility for informational materials solely on the Health and Human Services Commission (HHSC), the new version requires collaboration with the Department of State Health Services and the Palliative Care Interdisciplinary Advisory Council. It also offers a broader definition of perinatal palliative care, explicitly including support services like spiritual counseling, mental health care, and the possibility of concurrent curative treatments—elements absent or understated in the original bill.

Another significant revision concerns the listing of palliative care providers. Both versions prohibit including abortion providers and their affiliates, but the Committee Substitute clarifies this exclusion with an exception for emergency medical situations and adds requirements for transparency—such as whether services are offered free of charge and including out-of-state providers who serve Texas residents. Finally, the enforcement provisions remain consistent in both versions but are more structured in the substitute, with clear instructions on issuing warnings for first violations and $1,000 penalties for subsequent ones. Overall, the substitute version enhances clarity, coordination, and service accessibility while maintaining the bill’s underlying policy direction.
Author (1)
Kelly Hancock
Co-Author (1)
Kevin Sparks
Sponsor (5)
Valoree Swanson
Tom Oliverson
Gary Vandeaver
Greg Bonnen
Jeff Leach
Co-Sponsor (47)
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1233 is not expected to have a significant fiscal impact on the state. The analysis assumes that the Health and Human Services Commission (HHSC), in collaboration with the Department of State Health Services (DSHS), would be able to implement the bill using existing agency resources. These responsibilities include developing informational materials on perinatal palliative care and maintaining a publicly accessible, geographically indexed list of relevant providers and programs.

However, if HHSC were to delegate its duties under the bill to DSHS, the latter has indicated a need for additional staffing and resources. Specifically, DSHS would require one full-time Program Specialist V to manage informational material development, stakeholder coordination, and updates. Additionally, a Research Specialist V would be necessary to develop and maintain the geographic index of palliative care providers. DSHS also anticipates a one-time cost for licensing software or tools needed to support the development of the geographic index.

Despite these potential resource needs, the LBB concludes that any associated costs could be absorbed within current appropriations unless delegation to DSHS occurs. Furthermore, the bill is not expected to impose any significant fiscal burden on local government entities.

Vote Recommendation Notes

SB 1233 provides a thoughtful and compassionate framework for informing pregnant women whose unborn child has been diagnosed with a life-threatening or life-limiting condition about perinatal palliative care options. It mandates that health care providers deliver state-developed informational materials and a directory of support services to affected patients, and it requires signed documentation to confirm that this information was received. The bill further authorizes disciplinary measures for providers who fail to comply, ensuring accountability in sensitive and critical moments of care delivery​.

The bill aligns strongly with principles of personal responsibility and individual liberty by ensuring women have timely, structured access to information about medical, emotional, and spiritual support services. Its emphasis on holistic care—including pain management, grief counseling, and support from multidisciplinary providers—enhances maternal decision-making and upholds the dignity of life, even in medically difficult circumstances. Importantly, the bill explicitly excludes abortion providers and their affiliates from the state’s registry of care providers. This exclusion reinforces the state’s commitment to a pro-life policy framework and ensures that state-supported materials do not inadvertently steer families toward abortion under the guise of palliative support​.

The legislation is fiscally sound, with the Legislative Budget Board determining there would be no significant cost to the state. While the Department of State Health Services may require modest additional resources if delegated responsibilities by HHSC, the implementation remains well within existing capacities. Overall, SB 1233 reflects a values-driven, responsible policy solution that upholds life, informs care, and respects the moral priorities of the state. For these reasons, Texas Policy Research recommends that lawmakers vote YES on SB 1233.

  • Individual Liberty: The bill affirms individual liberty by promoting informed medical decision-making. It ensures that pregnant women facing devastating diagnoses receive comprehensive information about non-abortive support options. This strengthens a patient's ability to make autonomous choices based on clear, compassionate, and structured guidance. The bill does restrict access to abortion-related referrals by excluding abortion providers and affiliates from the state’s informational materials and provider list. For liberty advocates who favor protecting unborn life, this is not seen as a restriction on liberty but rather a reinforcement of the state’s interest in upholding life and directing patients toward life-affirming care. For others, it could be viewed as limiting the full range of medical options. However, because the bill focuses on expanding awareness of perinatal palliative care rather than limiting care access outright, it largely supports the principle of informed liberty within a defined moral framework.
  • Personal Responsibility: The bill requires pregnant women to acknowledge in writing that they have received palliative care information, and it compels health care providers to deliver and document this interaction. This fosters mutual accountability between patients and providers. It encourages proactive engagement with difficult medical choices and promotes the exercise of responsibility in navigating high-stakes prenatal care.
  • Free Enterprise: The bill introduces viewpoint-based restrictions on who can be listed in the state’s directory of palliative care providers. By excluding abortion providers and their affiliates—even if they offer relevant services—it limits participation in the state’s informational infrastructure. From a strict free market standpoint, this represents state interference in provider competition. However, if you support the exclusion of abortion providers (as you indicated), this is a principled exception to the usual free enterprise doctrine. It reflects a moral boundary placed on market participation—similar to prohibitions on taxpayer funding for services the state does not morally endorse.
  • Private Property Rights: The bill does not directly infringe on private property rights. However, by limiting who may appear in a publicly supported directory, it indirectly affects how certain medical businesses (e.g., abortion-affiliated clinics) can interface with public health systems. This is more a matter of public endorsement than regulation of ownership or use, so the effect on private property is minimal.
  • Limited Government: The bill introduces new mandates for both state agencies and private health care providers, including required forms, reporting processes, and penalties for non-compliance. From a limited government standpoint, this expands state oversight in the medical field. That said, the bill's administrative reach is modest: it operates through existing agencies, creates only light enforcement mechanisms, and imposes minimal fiscal impact. Moreover, for those who see the government as having a legitimate role in protecting unborn life and ensuring ethical medical practices, these requirements are a justified use of state authority—not government overreach.
Related Legislation
View Bill Text and Status