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 existing restrictions on the use of public funds for abortion-related services by amending Chapter 2273 of the Texas Government Code. The legislation introduces a new term—“abortion assistance entity”—to include individuals and organizations that financially or logistically aid in obtaining abortions. This encompasses those who provide travel, lodging, meals, child care, counseling, or abortion-inducing drugs with the intent to facilitate an abortion, regardless of where the abortion takes place.

The bill broadens the current prohibition against “taxpayer resource transactions” by barring governmental entities from spending or appropriating public money for the purpose of assisting in the procurement of abortions. It adds a new section explicitly outlawing logistical support provided by government entities for abortion services. Exemptions are made only for situations where compliance with federal law would cause a conflict, and such a determination must be confirmed in writing by the Attorney General.

Additionally, SB 33 enhances enforcement mechanisms by authorizing civil actions against governmental entities or other parties involved in prohibited transactions. It allows the Attorney General, any resident of Texas, or local residents to bring lawsuits and seek declaratory and injunctive relief, along with recovery of court costs and attorney’s fees. To facilitate enforcement, the bill waives sovereign and governmental immunity for violations of the act and disallows courts from awarding fees to defendants in such cases.

Overall, SB 33 represents a significant tightening of Texas’s public funding prohibitions related to abortion and expands both the scope of regulated entities and the mechanisms for legal accountability.

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
Co-Author
Bryan Hughes
Sponsor
Candy Noble
Terri Leo-Wilson
Co-Sponsor
Daniel Alders
Keith Bell
Greg Bonnen
Bradley Buckley
Ben Bumgarner
Briscoe Cain
Giovanni Capriglione
David Cook
Drew Darby
Jay Dean
Mano DeAyala
Mark Dorazio
James Frank
Cody Harris
Caroline Harris Davila
Brian Harrison
Richard Hayes
Cole Hefner
Hillary Hickland
Janis Holt
Andy Hopper
Lacey Hull
Carrie Isaac
Helen Kerwin
Marc LaHood
Jeff Leach
Mitch Little
Janie Lopez
A.J. Louderback
J. M. Lozano
Don McLaughlin
William Metcalf
Brent Money
Mike Olcott
Tom Oliverson
Angelia Orr
Jared Patterson
Dennis Paul
Katrina Pierson
Keresa Richardson
Nate Schatzline
Alan Schoolcraft
Matthew Shaheen
Joanne Shofner
Shelby Slawson
John Smithee
David Spiller
Valoree Swanson
Steve Toth
Ellen Troxclair
Cody Vasut
Wesley Virdell
Trey Wharton
Terry Wilson
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 33 is not expected to have a significant fiscal impact on the state budget. The analysis assumes that any administrative or implementation costs associated with enforcing the expanded prohibitions on transactions with abortion providers and assistance entities can be absorbed within the existing resources of state agencies. This includes the Office of the Attorney General and the Health and Human Services Commission, which may have enforcement or compliance roles under the bill’s provisions.

At the local government level, no significant fiscal impact is anticipated. Although the bill authorizes private and state-initiated civil litigation to enforce its provisions, the Office of Court Administration expects that any resulting increase in court activity would be minimal and manageable within current judicial system capacities. Similarly, local governments are not expected to incur new expenditures, as the bill primarily limits the types of transactions they may enter into, rather than mandating new services or programs.

In summary, SB 33’s fiscal implications are minimal and manageable. It imposes regulatory restrictions rather than new funding obligations and does not create a demand for significant new infrastructure or personnel at either the state or local level.

Vote Recommendation Notes

SB 33 strengthens existing statutory prohibitions on taxpayer-funded abortion support by closing perceived loopholes in current law. According to the bill analysis, lawmakers initiated SB 33 in response to instances where local governments allegedly circumvented abortion funding restrictions by contracting with third-party organizations that provide indirect assistance for abortion services. This bill expands the scope of the law to explicitly bar such financial or logistical support and clearly defines “abortion assistance entities” to include those facilitating travel, child care, lodging, meals, and related services in connection with obtaining an abortion.

The legislation is consistent with Texas’s existing policy framework following the near-total ban on abortion after the overturning of Roe v. Wade. From a policy standpoint, the bill upholds the liberty principles of limited government and personal responsibility by preventing the use of public funds for procedures or services that many Texans oppose on moral grounds. It also affirms fiscal restraint and taxpayer protection, ensuring that governmental entities cannot indirectly subsidize abortion-related activity using taxpayer dollars.

Importantly, the bill does not create new criminal penalties or expand law enforcement authority. Instead, it provides for civil enforcement through a private right of action, allowing both the state and private citizens to seek injunctive relief and recover legal costs. This mechanism mirrors strategies used in other Texas abortion-related laws, such as SB 8 from the 87th Legislature, and continues a policy trend favoring decentralized enforcement through civil litigation.

Based on the legislative intent, the clear alignment with established state policy, Texas Policy Research recommends that lawmakers vote YES on SB 33. It reinforces the state’s stance on restricting public funding for abortion while using limited government mechanisms to promote accountability without imposing significant new fiscal burdens.

  • 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


View Bill Text and Status