Disclaimer: Opinions expressed in this guest post are solely those of the guest author.
On Wednesday, the Commissioners’ Court of Camp County, Texas, passed an ordinance outlawing abortion and abortion trafficking within the unincorporated area of Camp County. It was passed in a unanimous 5-0 vote by Judge A.J. Mason and County Commissioners Jed Hefner, Tommy Rozell, Perry Weeks, and Steve Lindley. The passage made Camp County the eighth county in Texas to outlaw abortion trafficking — following Mitchell (pop. 9,070), Goliad (pop. 7,012), Cochran (pop. 2,547), Lubbock (pop. 317,561), Dawson (pop. 12,130), Jack (pop. 8,875), and Shackelford (pop. 3,105) counties — and the 84th political subdivision to outlaw abortion in the United States.
After the vote, Judge Mason shared, “I am so proud of our commissioners court for the strong position taken on protecting the unborn. I can think of no greater cause to be a part of than defending those who can’t defend themselves. This is a great day.”
While some have questioned the authority of counties and cities to pass ordinances outlawing abortion, the Texas Legislature has been clear on the issue. During the 86th Legislative Session, the State of Texas prohibited any political subdivision in the State of Texas from using taxpayer dollars to fund any abortion provider or any affiliate of an abortion provider. In the prohibition the State Legislature made this clear. Texas Government Code § 2273.005 states, “This chapter may not be construed to restrict a municipality or county from prohibiting abortion.”
During the 87th Legislative Session, the State of Texas explicitly allowed municipalities and counties to outlaw and prohibit abortion, and to establish penalties and remedies against those who perform or enable unlawful abortions. Texas Government Code § 311.036(b) states:
A statute may not be construed to restrict a political subdivision from regulating or prohibiting abortion in a manner that is at least as stringent as the laws of this state unless the statute explicitly states that political subdivisions are prohibited from regulating or prohibiting abortion in the manner described by the statute.
While the Texas Attorney General’s Office has stated that cities could always do this, the passage of this provision in The Texas Heartbeat Act explicitly stated as law that political subdivisions (which includes cities and counties) could not be restricted from exercising this authority.
Upon hearing the news, State Representative Cole Hefner posted on Facebook:
While I couldn’t be there in person due to session in Austin, I’m incredibly proud to celebrate some powerful news out of Camp County this morning. With a unanimous 5-0 vote, the Commissioners’ Court passed an ordinance officially making Camp County a Sanctuary County for the Unborn — the first in East Texas, the eighth in our state, and the tenth in the entire nation to do so.
This bold step not only outlaws abortion within the unincorporated areas of the county, but it also prohibits abortion trafficking and the aiding and abetting of elective abortions—even when those efforts begin or pass through Camp County.
Hefner continued:
I commend Judge A.J. Mason and the entire Commissioners’ Court for their courage and commitment to protecting the most vulnerable among us. This isn’t just a symbolic statement—it’s a legally enforceable action that honors the sanctity of life and strengthens Texas’ stance as a leader in the fight for the unborn. I’m proud to stand with Camp County as they take a bold stand for life.
Camp County Courthouse (Photo: Mark Lee Dickson)
In addition to prohibiting elective abortions and the aiding or abetting of elective abortions within the unincorporated area of Camp County, the ordinance also prohibits the performing of an elective abortion and the aiding or abetting of an elective abortion on a resident of the unincorporated area of Camp County “regardless of the location of the abortion, regardless of the law in the jurisdiction where the abortion occurred, and regardless of whether the person knew or should have known that the abortion was performed or induced on a resident of the unincorporated area of Camp County.”
The ordinance also prohibits abortion-inducing drugs within the unincorporated area of Camp County, prohibits Texas waste management companies from transporting and disposing of aborted fetal remains from any out-of-state abortion provider within the unincorporated area of Camp County, prohibits criminal abortion organizations from operating within the unincorporated area of Camp County, and prohibits abortion trafficking by making it unlawful “for any person to knowingly transport any individual for the purpose of providing or obtaining an elective abortion, regardless of where the elective abortion will occur” as long as such activity “begins, ends, or passes through the unincorporated area of Camp County.”
The ordinance makes it illegal to use the sections of U.S. Highway 271, State Highway 11, and all sections of all other roads found in the unincorporated area of Camp County for the purpose of abortion trafficking. This prohibits those who live within Camp County from driving people out of the county for the purpose of obtaining an elective abortion in another state, as such actions would be considered abortion trafficking. This also means that those who transport pregnant mothers from other parts of Texas to obtain an elective abortion in a state like Kansas cannot legally pass through Camp County, as those actions would also be considered abortion trafficking.
The ordinance also educates about the Thriving Texas Families Program and directs people to the Texas Pregnancy Care Network website and The Pregnancy Network website operated by Human Coalition for resources available to women experiencing unexpected pregnancies.
Camp County’s Ordinance is enforced through the same private right of action found in the Texas Heartbeat Act and 65 other local ordinances throughout the State of Texas, which allows private citizens to file a lawsuit against those found in violation of the ordinance. It does not allow for a lawsuit against the mother of the unborn child, but only against those assisting in the killing of her child when they cross the unincorporated area of Camp County.
The two incorporated cities of Camp County that are not covered by the county ordinance are Pittsburg (pop. 4,707) and Rocky Mound (pop. 75). Each one of these cities could pass the ordinance at a future date to make sure that their city is covered with the same protections provided by the county ordinance. The effort to see Texas political subdivisions outlaw abortion trafficking is supported by lawmakers across Texas. The Sanctuary Cities for the Unborn initiative has now seen a total of 10 counties and 74 cities across 7 different states — all seeking to do as much as possible to prohibit abortion within their jurisdictions.
Those who wish to see their county or city go as far as they can to prohibit abortion within their jurisdiction are encouraged to sign the online petition on the Sanctuary Cities for the Unborn website.
