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HB 218

Relating to prohibition of transporting or funding the transportation of an unemancipated minor for an abortion; providing a civil penalty; creating a criminal offense.

89th Legislature, 2nd Called Session (2025) Introduced by Ellen Troxclair

Texas bill criminalizes transporting unemancipated minors out of state for abortion without parental consent, creating civil penalties and criminal liability.

Referred to State Affairs
#abortion(i0005) #civilremedies&liabilities(i0065) #crimes--miscellaneous(i0200) #healthcareproviders(i0387) #minors--health&safety(i0533) #parentalconsent(s0318) #pregnancy&childbirth(s0294)
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Bill Summary · HB 218

Legislative bill overview

HB 218 would prohibit transporting or funding the transportation of an unemancipated minor across state lines to obtain an abortion without parental consent. The bill establishes both civil penalties and creates a criminal offense for violations, affecting parents, guardians, relatives, and other individuals who assist minors in accessing abortion services out of state.

Why is this important

This legislation addresses a practical enforcement gap that emerged after Texas's near-total abortion ban took effect in 2021. By restricting interstate travel for abortion access, the bill attempts to extend state abortion restrictions beyond its borders. The measure could significantly impact families' constitutional rights to travel and parental relationships, while creating legal liability for relatives and healthcare providers who assist minors.

Potential points of contention

  • Constitutional questions: The bill may conflict with the constitutional right to interstate travel and potentially violate the dormant Commerce Clause, as courts have struck down similar out-of-state travel restrictions in other contexts
  • Enforcement practicality: Determining who "funds" transportation and proving intent would be difficult; the law could affect grandparents, aunts, uncles, and family friends without clear legal definitions
  • Parental rights conflicts: The bill assumes parental notification is always appropriate, but doesn't account for situations involving parental abuse, abandonment, or medical necessity where minors may reasonably seek independent medical decisions

Compiled from official sources — confirm details with the bill’s official record.

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