89th Legislature

SB 1388

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 1388 amends the Texas Health and Safety Code to further define and regulate the scope of entities and individuals eligible to participate in or receive funds from the Thriving Texas Families Program, a state-funded initiative administered by the Health and Human Services Commission (HHSC). The bill clarifies and expands key definitions within Section 54.001, originally added by SB 24 during the 88th Legislature, to include terms such as “abortion services provider,” “affiliate,” “governmental entity,” “network contractor,” and “program.”

The definition of “abortion services provider” is significantly broadened to encompass not only providers of abortions and abortion-inducing drugs but also individuals and entities who facilitate, refer, educate about, or fund abortion-related activities. This expanded definition appears intended to prevent entities involved in any aspect of abortion services from accessing state program funds or participating in the administration or delivery of family support services under the Thriving Texas Families Program.

The bill also introduces a formal definition of “affiliate,” which includes organizations with shared ownership, control, or branding with an abortion services provider, further restricting eligibility for public funds. By clearly articulating these definitions, SB 1388 aims to ensure that state support services and funding are channeled exclusively to entities that align with the program’s pro-life objectives, reinforcing the policy direction initiated in SB 24.

Through these amendments, SB 1388 enhances state oversight of program participants and narrows the eligibility criteria to exclude any direct or indirect involvement with abortion-related activities. This reflects a continued legislative effort to establish Texas as a national leader in promoting alternatives to abortion and supporting family-centered services through government programs.

The originally filed version of SB 1388 and the Committee Substitute both amend Chapter 54 of the Health and Safety Code, refining definitions and eligibility requirements for the Thriving Texas Families Program. While the core objectives remain aligned, the Committee Substitute makes notable refinements in tone, scope, and structural detail compared to the filed version.

One key difference is the removal of certain prescriptive language present in the filed bill. The original bill explicitly disqualified a wide range of entities from receiving funds, including hospitals, governmental entities, and behavioral health providers, if they shared any governance or affiliation with abortion services providers. The Committee Substitute omits these broad categorical exclusions. Instead, it focuses more narrowly on defining "abortion services providers" and "affiliates" and ensuring participants in the program are free of connections to such entities. This streamlines the bill and potentially reduces unintended disqualifications.

Additionally, while both versions emphasize disqualifying entities associated with abortion services, the Committee Substitute introduces clearer, more concise definitions of key terms like "affiliate" and "abortion services provider." The substitute also omits detailed annual certification requirements and some specific prohibitions against using program names or trademarks associated with abortion providers, which were spelled out in the filed version. This suggests a legislative preference for simpler, more enforceable administrative criteria over exhaustive regulatory detail.

In sum, the Committee Substitute reflects a refinement of policy goals present in the filed version, using more targeted language and definitions to achieve the same outcome—ensuring that entities involved in abortion-related activities are excluded from participating in or benefiting from the Thriving Texas Families Program. This more concise version could make implementation and enforcement more straightforward for the Health and Human Services Commission.

Author
Lois Kolkhorst
Co-Author
Bob Hall
Bryan Hughes
Phil King
Mayes Middleton
Charles Perry
Kevin Sparks
Sponsor
James Frank
David Spiller
Terri Leo-Wilson
Co-Sponsor
Brian Harrison
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1388 is not expected to have a significant fiscal impact on the state. The Health and Human Services Commission (HHSC), the administering agency for the Thriving Texas Families Program, is anticipated to absorb any additional administrative or implementation costs using existing agency resources.

This fiscal neutrality stems from the nature of the bill, which primarily makes definitional and eligibility adjustments rather than creating new programs or expanding service scope. By refining which entities may receive funding or participate in the program—particularly through restrictions related to affiliations with abortion services providers—the bill affects administrative oversight rather than operational scale.

Additionally, the bill imposes no mandates on local governments and is not expected to generate significant costs for them. Therefore, the fiscal impact on cities, counties, or other local entities is considered negligible. The legislation is structured to align with current state budget parameters while furthering policy objectives without additional appropriations.

Vote Recommendation Notes

SB 1388 reflects a strategic refinement of the state’s commitment to maintaining a pro-life framework within the Thriving Texas Families Program. The bill clarifies statutory language and establishes definitive eligibility boundaries for organizations seeking funding through the program, particularly disqualifying those affiliated with or supportive of abortion services. These changes are not introducing new policy but rather reinforcing and codifying the intent of SB 24 (88th Legislature), which restructured the state’s former “Alternatives to Abortion” program into a more streamlined continuum of care.

The bill’s stated intent, as described in the bill analysis, is to ensure that public funds are directed solely to organizations that affirm the program’s life-centered mission, thereby excluding entities—both governmental and private—that maintain any form of legal, operational, or ideological association with abortion providers. This serves to preserve the integrity and focus of the program, offering clarity to contractors and administrative agencies alike. The substitute version also includes transitional protections for existing contractors while requiring compliance with new eligibility standards moving forward, allowing for administrative continuity.

From a fiscal perspective, the Legislative Budget Board has determined there is no significant cost implication to the state, as HHSC is expected to manage these refinements within its current budget.

In sum, SB 1388 enhances program accountability and ideological consistency without imposing new costs or expanding government scope. It supports the principle of Limited Government by narrowing the use of taxpayer funds to mission-aligned entities, and upholds Individual Liberty as defined by state policy regarding the protection of unborn life. Accordingly, Texas Policy Research recommends that lawmakers vote YES on SB 1388.

  • Individual Liberty: The bill advances a state-defined version of individual liberty by protecting unborn life and directing state support toward life-affirming choices. For those who view life as beginning at conception, the bill strengthens liberty by promoting resources that support pregnant women without resorting to abortion. However, it also restricts access to a broader range of reproductive options and information for women, which some may view as a limitation on personal autonomy. In that respect, the bill supports individual liberty in line with the Texas Legislature's pro-life policy stance.
  • Personal Responsibility: By emphasizing parenting support, adoption services, and life skills education, the bill promotes the principle of personal responsibility. It encourages individuals and families facing unexpected pregnancies to access services designed to help them make long-term, life-affirming choices. These include financial literacy, job readiness, and parenting education—tools that empower individuals to take ownership of their circumstances and outcomes.
  • Free Enterprise: The bill introduces more restrictive eligibility criteria for organizations that wish to contract with the state through the Thriving Texas Families Program. By excluding entities based on their affiliations with abortion services, it limits the competitive landscape and narrows the market of service providers. While this aligns the program with the state's moral objectives, it may be viewed as a distortion of open market principles by favoring ideologically aligned providers over others who may offer high-quality services.
  • Private Property Rights: The legislation does not directly impact private property or land use rights. However, private organizations that are denied access to state contracts based on their affiliations may view this as an indirect constraint on how they use their resources or branding. Nonetheless, since participation in public programs is voluntary and conditional, this does not constitute an infringement on property rights per se.
  • Limited Government: The bill affirms limited government by ensuring that state funds are used narrowly and specifically for pro-life purposes, consistent with legislative intent. It prevents the state from inadvertently supporting organizations engaged in or promoting abortion-related services. This form of targeted spending reflects a restrained approach to government, focusing only on narrowly defined, ideologically consistent service delivery.
Related Legislation
View Bill Text and Status