SB33

Restricting government support for abortion assistance

SB33 expands Texas restrictions on state and local government transactions and spending connected with abortion. Signed June 20, 2025, it took effect September 1, 2025. Its central target is government-supported abortion assistance, including travel for abortions outside Texas—not a general ban in this act on privately funded travel or all private donations. official history; final law.

The law defines an “abortion assistance entity” to include a person who facilitates an abortion by paying, reimbursing or offsetting abortion-related costs; paying for or arranging travel, meals or lodging; providing services such as child care or abortion doula support; or collecting/distributing abortion-inducing drugs to increase access. The payment and travel provisions expressly apply regardless of where the abortion occurs. “Abortion provider” expands from specified licensed facilities to a person who performs or induces an abortion, subject to the chapter’s retained exceptions. final law, Section 1.

Government already could not enter into a taxpayer-resource transaction with an abortion provider or affiliate. SB33 adds a prohibition on such transactions with an abortion assistance entity for the purpose of providing an abortion or abortion assistance. A taxpayer-resource transaction includes sales, purchases, leases, donations and other transfers of value derived from state or local tax revenue, even if government gets something in return; it is not limited to cash grants. The existing definition excludes ordinary basic public services, such as police/fire protection and utilities, supplied to providers or affiliates on the same basis as to the public. final law, Section 2; existing Section 2273.001; existing Section 2273.003.

A separate provision bars government transactions, appropriations or spending to give any person logistical support for the express purpose of helping a woman obtain an abortion or an abortion provider’s services. Its list includes child care, transportation, lodging, food, counseling that encourages abortion and other facilitating services. The purpose requirement matters: the act does not declare every government food, child-care or transportation program prohibited. final law, Section 2273.0031.

Exceptions are retained

The chapter still excludes licensed hospitals, physician offices performing 50 or fewer abortions in a 12-month period, state hospitals, teaching hospitals and accredited physician residency programs. A facility is not an abortion provider solely because it performs an abortion during the specified medical emergency. SB33 does not repeal these chapter-wide limits. existing Section 2273.002; final law.

The transaction restriction and new logistical-support restriction have exceptions for conflicting federal law, but only as determined by the Health and Human Services Commission’s executive commissioner and confirmed in writing by the attorney general. A local government cannot claim this statutory exception merely by declaring a conflict itself. existing Section 2273.003; final law, Section 2273.0031(b).

Attorney-general enforcement, not the proposed private lawsuits

The attorney general may sue a party to an actual or proposed prohibited government transaction, appropriation or expenditure—but not the woman who may obtain or obtains the abortion. Available relief includes a declaration of rights, an injunction terminating the arrangement and reimbursing value already conferred, an order against future prohibited arrangements, court costs and reasonable attorney’s fees. Government immunity is waived only to the extent of the liability this enforcement provision creates. This is a civil enforcement mechanism, not a new criminal sentence in SB33. final law, Section 2273.004.

Defendants cannot receive costs or attorney’s fees under Texas civil Rule 91a or another Supreme Court rule adopted under the specified Government Code authority. The Texas Citizens Participation Act, which provides procedures protecting speech, petition and association, and the state Religious Freedom Restoration Act do not apply to these actions. Those exclusions concern the named state statutes and rules; they do not say that all constitutional defenses disappear. The act also includes a severability provision intended to preserve valid provisions/applications if another is invalidated. final law, Sections 4–5; existing Section 27.002; existing Section 110.003.