89th Legislature Regular Session

SB 33

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 33 seeks to expand current prohibitions on governmental financial involvement with abortion-related services in Texas. It amends Section 2273 of the Government Code by introducing the term “abortion assistance entity,” defined broadly to include individuals or organizations that facilitate abortions through financial support, travel arrangements, child care, counseling, or distribution of abortion-inducing drugs. This new category is added alongside “abortion providers” and their affiliates, all of which are barred from entering into taxpayer resource transactions with governmental entities.

The bill establishes a new section (2273.0031) that explicitly prohibits governmental entities from spending public funds or entering into agreements to provide logistical support aimed at assisting a woman in procuring an abortion. Logistical support encompasses a range of services, such as transportation, lodging, meals, child care, and counseling that encourages abortion. An exception is provided if a federal law mandates such a transaction, as determined by the executive commissioner of the Health and Human Services Commission and confirmed by the Texas attorney general.

Further, SB 33 revises the enforcement mechanism under Section 2273.004 by expanding who can bring civil actions against violators to include not just the attorney general but also any Texas resident or resident of a political subdivision. Plaintiffs may seek declaratory and injunctive relief, reimbursement of funds, and attorney’s fees. The bill also waives sovereign immunity to allow such suits and prevents defendants from recovering legal fees in these cases.

Author
Donna Campbell
Paul Bettencourt
Brian Birdwell
Brandon Creighton
Peter Flores
Brent Hagenbuch
Bob Hall
Kelly Hancock
Adam Hinojosa
Joan Huffman
Phil King
Lois Kolkhorst
Mayes Middleton
Tan Parker
Angela Paxton
Charles Perry
Charles Schwertner
Kevin Sparks
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 33 is not expected to have a significant fiscal impact on the State of Texas. Agencies such as the Office of the Attorney General and the Health and Human Services Commission are assumed to be able to implement the requirements of the bill using their existing resources. This suggests that enforcement and compliance measures, including the administration of new prohibitions on government transactions with abortion assistance entities, will not necessitate additional appropriations or staffing.

Similarly, no significant fiscal impact is anticipated for local governments. While the bill allows civil actions to be initiated by private citizens and potentially increases administrative oversight at the local level, any associated costs are projected to be minimal or manageable within current operational capacities. This includes activities like contract reviews, litigation management, or changes to funding policies involving health services or nonprofits.

In short, SB 33 is crafted in a manner that minimizes direct financial burden on both state and local entities. It achieves its goals largely through prohibition and enforcement frameworks that utilize existing legal and administrative systems rather than requiring new programs or substantial budget allocations.

Vote Recommendation Notes

SB 33 represents a continuation of Texas's legislative efforts to prevent taxpayer funds from being used in any capacity to support abortion services, even indirectly. Building on existing law that bars government contracts with abortion providers, this bill extends those prohibitions to a broader category: "abortion assistance entities." These entities include individuals or organizations that provide not only financial aid but also logistical support like transportation, lodging, child care, and counseling services aimed at facilitating abortion access. The bill’s design is meant to counter municipal efforts, particularly in cities like Austin and San Antonio, that have funded support services for abortion without directly violating the letter of existing law.

In evaluating the bill against liberty principles, it is evident that the legislation most strongly aligns with the concept of limited government. It restricts the use of taxpayer resources for contentious social issues, reaffirming that public funding should not indirectly subsidize practices the legislature has sought to prohibit within the state. The bill also enhances state-level enforcement by enabling private citizens and the attorney general to take legal action against violators while explicitly waiving governmental immunity in such cases—a move aimed at ensuring accountability and compliance without the need for new bureaucratic mechanisms.

From a fiscal perspective, the Legislative Budget Board has concluded that the bill will have no significant financial impact on the state or local governments, further supporting its alignment with limited government and fiscal responsibility objectives. Since implementation will rely on existing agency resources and mechanisms, no new appropriations or administrative expansions are necessary​.

Considering the bill’s strong emphasis on limiting the scope of government spending, safeguarding the integrity of existing abortion restrictions, and preventing workarounds at the municipal level, the legislation is consistent with liberty principles as understood in Texas public policy. Thus, Texas Policy Research recommends that lawmakers vote YES on SB 33.

  • Individual Liberty: The bill narrows the scope of individual liberty by restricting the ability of individuals to receive logistical or financial support from government-funded entities for abortion services. While it does not criminalize personal decisions regarding abortion, it limits the government's role in facilitating those choices. Critics may argue that it constrains reproductive autonomy by cutting off access support. However, supporters would contend that the protection of unborn life outweighs this limitation, aligning with a more conservative interpretation of liberty that includes the unborn as rights-bearing individuals.
  • Personal Responsibility: The bill reinforces personal responsibility by placing the burden of securing and funding abortion-related services entirely on private individuals or organizations. By preventing public dollars from supporting these services, the bill emphasizes that decisions about reproductive care, including financial and logistical arrangements, are a matter of private action rather than state facilitation. This principle is central to proponents who argue that taxpayer money should not be used to subsidize elective personal medical decisions.
  • Free Enterprise: In a pro-life worldview, free enterprise should be harnessed to promote life-affirming innovation and moral integrity in the marketplace. The bill supports this by drawing a clear boundary around what types of services and entities can benefit from taxpayer-funded contracts. By excluding abortion assistance entities from public resource transactions, the bill ensures that the economic power of the state is not used to subsidize or legitimize an industry that profits from the ending of unborn lives. This protects the moral fabric of the market by signaling that profit must not come at the expense of human dignity. A truly free market is not just about economic efficiency—it must also reflect ethical standards. Pro-life policy in this context helps steer enterprise toward life-affirming alternatives such as adoption services, maternal health care, and support for crisis pregnancy centers. In this way, free enterprise remains robust but aligned with the values of life and human flourishing.
  • Private Property Rights: Private property rights are foundational to liberty, but they come with ethical obligations. From a pro-life stance, the right to own and control property should not be used as a shield for enabling practices that harm vulnerable populations, especially the unborn. The bill respects private property while ensuring that government-funded use of that property does not aid abortion logistics. For example, if a facility is owned by an entity that provides abortion travel services, that entity can still operate freely—but it cannot do so with taxpayer support. This is not an attack on property rights but a defense of the public trust. It draws a principled line: public money should not be used in ways that conflict with the values of a pro-life society. Furthermore, by empowering citizens to take legal action against violations, the bill strengthens the public’s ability to hold government actors accountable without infringing on private ownership. The core property rights remain untouched—what changes is the ethical framework for how public partnerships with private actors are formed.
  • Limited Government: This principle is the most clearly supported by the bill. The bill explicitly seeks to reduce government involvement in abortion services by banning not only direct funding of providers but also indirect support through assistance entities. It further empowers citizens and the attorney general to enforce these restrictions, reduces reliance on regulatory oversight, and waives sovereign immunity to ensure accountability. These mechanisms reflect a robust application of limited government philosophy—curtailing the scope of public authority and expenditures to prevent mission creep into ideologically contested areas.
References


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