Relating to family support services provided under a Health and Human Services Commission program.
CriticalImmediate action required
Medium Cost
Effective:2025-09-01
Enforcing Agencies
Health and Human Services Commission (HHSC)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025. (You must meet eligibility and corporate separation requirements on day one to retain funding).
Agency Rulemaking: HHSC is required to adopt rules "as soon as practicable" after the effective date.
*Regulatory Gray Zone:* Between September 1, 2025, and final rulemaking, the statutory prohibitions are active, but the specific forms for the "simplified process" (for providers with <$2M revenue) and specific "performance indicators" will likely be undefined. Operate under the strictest interpretation of the statute until rules are finalized.
Immediate Action Plan
1.Determine Eligibility: If you are a medical provider, confirm you hold a contract pre-dating Sept 1, 2023. If you are a governmental entity, prepare to offboard from the program.
2.Audit the Board: Review all board members and key executives for cross-affiliations with abortion providers. Request resignations where conflicts exist.
3.Scrub Referral Lists: Remove any entity from your resource database that facilitates, funds, or advocates for abortion to prevent accidental prohibited referrals.
4.Update Housing Protocols: If you offer housing services, integrate the new "housing assistance" reimbursable category into your billing workflow.
5.Draft Certification: Prepare the "Life-Affirming Mission" certification template now so it is ready for signature immediately upon the law's effective date.
Operational Changes Required
Contracts
Subcontractor Indemnification: You must amend vendor agreements (especially for housing and job training) to include warranties that the vendor is not an "affiliate" of an abortion provider.
Employment & Board Agreements: Update bylaws and employment contracts to explicitly prohibit simultaneous service on the board or staff of an abortion services provider. This is now a disqualifying event for state funding.
Grandfathering Documentation: If you are a medical or mental health provider, locate and preserve your original HHSC contract dated prior to September 1, 2023. Without this, you are statutorily ineligible.
Hiring/Training
Referral Ban Training: Staff must be trained that providing "information or education" regarding abortion services is prohibited. Update intake scripts to ensure no referrals are made to entities classified as abortion providers or their affiliates.
Officer Vetting: Conduct immediate due diligence on all Directors and Officers. Any shared governance with an abortion provider triggers funding forfeiture.
Reporting & Record-Keeping
Annual Certification: You must file a written annual certification with HHSC confirming adherence to the program's "life-affirming mission" and non-involvement in contradicting activities.
Performance Outcomes: Prepare data systems to track long-term client outcomes (e.g., housing stability, workforce entry) rather than just service outputs. HHSC will mandate specific indicators shortly.
Corporate Separation: Maintain distinct books, payroll, and physical premises from any entity that could be construed as an abortion provider to satisfy the "objective integrity" requirements.
Fees & Costs
Funding Risk: The primary financial impact is the potential total loss of grant eligibility for non-compliance.
Administrative Costs: Budget for legal review of corporate structure and increased reporting burdens, though providers with <$2M revenue may eventually see reduced administrative costs once the "simplified process" is defined.
Strategic Ambiguities & Considerations
"Advocating For" Abortion: The definition of a prohibited "abortion services provider" includes entities that "advocate for" abortion. The statute does not define the threshold for advocacy.
*Risk:* Does a personal social media post by a senior staff member constitute organizational advocacy?
*Strategy:* Tighten social media and external communication policies immediately to avoid ambiguity.
Performance Indicators: The specific metrics for "performance outcomes" are not yet defined.
*Strategy:* Participate in the comment period. If you do not, HHSC may select metrics that are irrelevant to your service model or impossible to track retrospectively.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
In 2023, the Texas Legislature passed S.B. 24 to improve pregnancy and family intervention-focused programs and place them under one state agency. The bill codified the former "Alternatives to Abortion" program and renamed it "Thriving Texas Families."
Historically, the program provided grants to non-profit organizations that were contractually restricted from providing abortion services or affiliated with organizations that facilitated, referred, or advocated for abortion services.
For clarification and consistency S.B. 1388 ensures that the Thriving Texas Families program under Health and Safety Code Chapter 54 continues its pro-life mission and that organizations that have collaborations or legal connections to entities that promote abortion are not eligible for funding.
The bill also sets program guardrails to focus on the core mission. S.B. 1388 clarifies that government or private sector entities focused primarily on medical or mental healthcare are ineligible for Thriving Texas Families funds.
As proposed, S.B. 1388 amends current law relating to family support services provided under a Health and Human Services Commission program.
SECTION 1. Amends Section 54.001, Health and Safety Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, by amending Subdivision (2) and adding Subdivisions (3), (4), (5), and (6) to define "abortion services provider," "affiliate," "governmental entity," and "program."
SECTION 2. Amends Section 54.002, Health and Safety Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, by amending Subsections (a) and (d) and adding Subsection (f), as follows:
(a) Requires the Health and Human Services Commission (HHSC) to establish the Thriving Texas Families Program (program) as a continuation of the alternatives to abortion program to facilitate the operation of a statewide support network that provides certain services, including an alternative to abortion through life-affirming pregnancy, adoption, and parenting and family support services. Makes nonsubstantive changes.
(d) Requires HHSC, in developing the statewide network of service providers, to take certain actions, including ensuring that service providers are not associated with an abortion services provider and do not provide, refer patients to, advocate for, or promote abortion services by verifying the provider meets certain requirements. Makes nonsubstantive changes.
(f) Requires each network contractor and service provider to annually certify in writing to HHSC that the network contractor or service provider upholds the life-affirming mission of the program and is not involved in activities contradicting the program's objectives.
SECTION 3. Amends Sections 54.003(b) and (e), Health and Safety Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, as follows:
(b) Provides that services provided through the program include certain services, including assistance in identifying and applying for stable housing services other than housing provided as authorized by Subsection (d) (relating to authorizing a network contractor to provide housing services through a maternity home). Makes nonsubstantive changes.
(e) Prohibits HHSC or the network contractor from providing family planning or any abortion-related services through the network.
SECTION 4. Amends Section 54.006(b), Health and Safety Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, to require HHSC to seek comments from network providers in identifying, rather than to identify, indicators to measure the performance outcomes under Subsection (a) (relating to providing that HHSC and its network contractors are authorized to contract only with service providers whose performance outcomes include certain standards) and require periodic reporting on the outcomes by network contractors and participating service providers.
SECTION 5. Amends Section 54.011, Health and Safety Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, by amending Subsection (b) and adding Subsections (d) and (e), as follows:
(b) Prohibits HHSC or a service provider from taking certain actions relating to funds, including granting funds to an abortion provider, an affiliate of an abortion provider, or an abortion services provider. Makes a nonsubstantive change.
(d) Provides that an organization is not eligible for funding under Chapter 54 (Living Organ Donor Education Program) if the organization meets certain criteria.
(e) Provides that Subsection (d) does not apply to certain organizations.
SECTION 6. Requires the executive commissioner of HHSC, as soon as practicable after the effective date of this Act, to adopt rules as necessary to implement the changes in law made by this Act.
SB1388 fundamentally restructures the Thriving Texas Families Program (formerly Alternatives to Abortion) by statutorily excluding governmental entities and non-grandfathered medical providers from funding eligibility. Current contractors must immediately audit their corporate structure and vendor relationships to ensure total separation from abortion service providers, as the law mandates strict new annual certifications and authorizes immediate contract termination for non-compliance. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025.
Q
Who authored SB1388?
SB1388 was authored by Texas Senator Lois Kolkhorst during the Regular Session.
Q
When was SB1388 signed into law?
SB1388 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce SB1388?
SB1388 is enforced by Health and Human Services Commission (HHSC).
Q
How urgent is compliance with SB1388?
The compliance urgency for SB1388 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB1388?
The cost impact of SB1388 is estimated as "medium". This may vary based on industry and implementation requirements.
Q
What topics does SB1388 address?
SB1388 addresses topics including abortion, family, family--parent & child, health & human services commission and pregnancy & childbirth.
Legislative data provided by LegiScanLast updated: November 25, 2025
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