SB1388

The program already offered pregnancy, parenting and adoption support, supplies, referrals and housing services as a continuation of alternatives to abortion. SB1388 expressly adds its alternative-to-abortion mission to the establishment provision and adds help identifying and applying for stable housing beyond maternity-home housing. It requires the Health and Human Services Commission (HHSC) to seek provider comments when choosing performance indicators; periodic outcome reporting remains. Prior program; Prior services; Prior reporting; Final law.

The new definition of an abortion services provider reaches beyond someone performing abortions: it includes providing or referring for drugs to induce an abortion terminating pregnancy, funding or facilitating abortion-related travel, providing abortion-related information or education, and other activities recommending or advocating abortion-related services. An affiliate is defined through a written legal relationship showing common ownership, management or control, a franchise, or permission to use specified branding. Final law, section 54.001.

HHSC must ensure providers do not provide, refer patients to, advocate for or promote abortion services. It must verify that program service providers remain legally separate from abortion services providers; have no legal relationship with them; do not contract with or transfer money to them or their affiliates; and do not share employees or governing-board members with them or their affiliates. Providers also must not recommend abortion to a client or use an abortion services provider’s names or trademarks to describe themselves. Network contractors and service providers must annually certify in writing that they uphold the program’s stated mission and do not engage in activities contradicting its alternative-to-abortion objective. Final law, section 54.002.

The existing ban on family-planning services through the network expands to any abortion-related services, and the existing funding restriction expressly adds abortion services providers. New funding exclusions cover governmental and quasi-governmental entities; hospitals and hospital districts; organizations primarily functioning as medical, behavioral-health or mental-health providers; organizations sharing personnel or board members with an abortion services provider; and organizations affiliated with, collaborating with or related to an organization with those personnel ties. Prior network restriction; Prior funding restrictions; Final law.

The grandfather clause is limited. Only the hospital and primarily-medical/behavioral/mental-health exclusions do not apply to organizations that contracted with HHSC before September 1, 2023, to provide an alternative to abortion, or organizations that subcontracted with those contractors for that purpose. It does not waive the governmental-entity or abortion-related relationship exclusions. Final law, section 54.011(d)–(e).

HHSC must simplify grant applications, payments, reporting and implementation requirements for providers with total annual revenue under $2 million; it may develop technical-assistance materials. The act requires necessary implementing rules as soon as practicable after its effective date. This is not a promise of funding to every small applicant. Final law, sections 6–8.

Amendments matter: the Senate substitute narrowed the drug language to inducing an abortion to terminate pregnancy, clarified the annual certification, and narrowed the introduced bill’s broader grandfather exception. Senate-passed and House committee text match. Frank’s adopted House amendment added the small-provider provision. Capriglione’s third-reading amendment would instead have used grants requested under $1 million and changed “implementation” to “contract”; it failed, so those changes are not law. Introduced; Senate substitute; Senate-passed; House committee; Adopted House amendment; Failed House amendment; Amendment index; Version index; Final law.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

Eligible families may receive additional help navigating housing resources. Small providers gain a requirement for simpler participation procedures, while excluded organizations lose eligibility for this program’s money unless the precise exception applies. Providers and contractors face separation checks and annual certifications. The act does not change the existing participant-eligibility section or guarantee a housing placement. Its restrictions concern this program, not a general ban on all medical or counseling services. Existing participant eligibility; Final law.

The final May 21 fiscal note anticipates no significant state or local fiscal impact and assumes implementation costs can be absorbed with existing resources, consistent with the earlier notes. It does not quantify private compliance costs, the number of excluded organizations or effects on families’ access to services. The act contains no new appropriation. Final-stage fiscal note; Introduced fiscal note; Final law.