Birth Tourism Criminalization Act — Will Campbell For Texas

By: ___________________

H.B. No. _____

A BILL TO BE ENTITLED AN ACT

relating to the criminalization of birth tourism enterprises and related conduct; expanding the criminal offense of illegal entry to include entry for purposes of birth tourism; creating additional criminal offenses; providing civil penalties; authorizing and directing the attorney general to investigate and prosecute certain offenses; amending provisions of the Health and Safety Code, Penal Code, Business & Commerce Code, and Family Code; and adopting legislative resolutions regarding birthright citizenship.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. PURPOSE AND DEFINITIONS

Sec. 1.01. STATEMENT OF PURPOSE.

SECTION 1.01. STATEMENT OF PURPOSE. The purpose of this Act is to:

(1)protect the integrity of Texas vital records and the meaning of United States citizenship;

(2)deter and criminalize the commercial exploitation of birth on Texas soil for the purpose of obtaining citizenship documentation for children of noncitizens;

(3)expand the criminal offense of illegal entry to expressly encompass entry into Texas for the primary purpose of birth tourism;

(4)assign comprehensive enforcement authority to the attorney general; and

(5)formally communicate to the Congress of the United States and the President of the United States this legislature’s demand that birthright citizenship be corrected by federal legislative action.

SECTION 1.02. Chapter 192, Health and Safety Code, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. BIRTH TOURISM — DEFINITIONS AND ADMINISTRATIVE PROVISIONS

Sec. 192.101. DEFINITIONS.

In this subchapter and in Sections 20.08, 20.09, and 20.10, Penal Code, and Section 17.4625, Business & Commerce Code, as created by this Act:

(1)“Birth tourism” means the organized commercial practice of recruiting, soliciting, transporting, housing, or providing medical coordination services to a noncitizen, with the primary or a substantial purpose of facilitating the birth of that person’s child on Texas soil in order to obtain a United States birth certificate, citizenship documentation, or other government identification for the child.

(2)“Birth tourism enterprise” means a person, entity, business, organization, network, or combination of persons who, for pecuniary benefit, engage in, organize, direct, manage, or facilitate birth tourism activities, including:

(A)operating a maternity hotel, birthing house, or similar residential or lodging facility used primarily by pregnant noncitizens for the purpose of giving birth in Texas;

(B)recruiting or soliciting pregnant noncitizens inside or outside the United States, including through internet-based platforms and social media, to travel to or remain in Texas for the purpose of giving birth;

(C)coordinating, arranging, or providing prenatal, obstetric, or postpartum medical care in Texas for pregnant noncitizens whose primary purpose in being in Texas is to give birth for citizenship or documentation purposes; or

(D)providing coaching, consulting, or advisory services to a noncitizen regarding how to misrepresent the purpose of travel on a visa application or to a federal or state officer in order to facilitate birth in Texas.

(3)“Country of concern” means a country identified as a foreign adversary under Section 572.070, Government Code, or designated by the governor under that section. As of the effective date of this Act, countries of concern include the People’s Republic of China, the Islamic Republic of Iran, the Russian Federation, and the Democratic People’s Republic of North Korea.

(4)“Maternity hotel” means any real property, dwelling, apartment, rental unit, short-term rental, hotel room, or similar structure that is operated, marketed, or used primarily to house pregnant noncitizens who are in Texas for the purpose of giving birth.

(5)“Noncitizen” means a person who is not a citizen or national of the United States and who is not a lawful permanent resident of the United States.

(6)“Pecuniary benefit” has the meaning assigned by Section 1.07, Penal Code.

(7)“Person” means an individual, corporation, limited liability company, partnership, association, trust, or other legal entity, whether domestic or foreign.

ARTICLE 2. CRIMINAL OFFENSES — BIRTH TOURISM ENTERPRISE

SECTION 2.01. Chapter 20, Penal Code, is amended by adding Section 20.08 to read as follows:

Sec. 20.08. OPERATION OF A BIRTH TOURISM ENTERPRISE.

(a)A person commits an offense if the person, for pecuniary benefit, intentionally or knowingly:

(1)operates, manages, directs, or participates in the management of a birth tourism enterprise as defined by Section 192.101, Health and Safety Code;

(2)operates or controls a maternity hotel for the purpose of facilitating birth tourism;

(3)advertises or solicits, including through an internet website, social media platform, mobile application, or electronic communication directed at or accessible to persons located in Texas or outside the United States, birth tourism services or birth packages in connection with birth in Texas;

(4)recruits, transports, or arranges the transport of a noncitizen into or within Texas for the primary purpose of facilitating birth tourism;

(5)provides, arranges, or coordinates prenatal, obstetric, or postpartum medical services in Texas to a noncitizen as part of a birth tourism enterprise; or

(6)instructs, coaches, or assists a noncitizen to make a material misrepresentation to a federal or state officer or on a federal or state government form regarding the purpose of the person’s presence in or entry into Texas or the United States.

(b)An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:

(1)the offense generates gross receipts of $100,000 or more within any 12-month period;

(2)the offense involves a noncitizen who is a citizen or national of a country of concern as defined by Section 192.101, Health and Safety Code; or

(3)the actor was previously convicted of an offense under this section or Section 20.09.

(c)If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

SECTION 2.02. Chapter 20, Penal Code, is amended by adding Section 20.09 to read as follows:

Sec. 20.09. CONTINUOUS BIRTH TOURISM ENTERPRISE.

(a)A person commits an offense if, during a period that is 10 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20.08.

(b)An offense under this section is a felony of the first degree.

(c)If the trier of fact is a jury, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under Section 20.08 or on which exact date the defendant engaged in that conduct. The jury must agree unanimously that the defendant, during a period that is 10 or more days in duration, engaged two or more times in conduct that constitutes an offense under Section 20.08.

(d)A defendant may not be convicted of an offense under Section 20.08 in the same criminal action as an offense under this section for conduct alleged to have occurred within the same period, unless the offense under Section 20.08 is:

(1)charged in the alternative;

(2)alleged to have occurred outside the period in which the offense under this section is alleged to have been committed; or

(3)considered by the trier of fact to be a lesser included offense.

SECTION 2.03. Chapter 20, Penal Code, is amended by adding Section 20.10 to read as follows:

Sec. 20.10. PARTICIPATION IN A BIRTH TOURISM ENTERPRISE.

(a)A person commits an offense if the person knowingly participates in, assists, or facilitates a birth tourism enterprise as defined by Section 192.101, Health and Safety Code, regardless of whether the person receives pecuniary benefit, including by:

(1)providing lodging at a maternity hotel or similar facility knowing the facility is used for birth tourism purposes;

(2)providing translation, financial, legal, or logistical services to a birth tourism enterprise; or

(3)referring a noncitizen to a birth tourism enterprise knowing the purpose is to facilitate the birth of the noncitizen’s child in Texas for citizenship documentation purposes.

(b)An offense under this section is a state jail felony, except that the offense is a felony of the third degree if:

(1)the person committed the offense for pecuniary benefit; or

(2)the offense involves a noncitizen who is a citizen or national of a country of concern.

(c)It is a defense to prosecution under this section that the actor is the gestational carrier who carried the child at issue and did not organize, manage, or control the enterprise.

(d)If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

ARTICLE 3. ILLEGAL ENTRY — EXPANSION TO INCLUDE BIRTH TOURISM PURPOSE

SECTION 3.01. Section 51.02, Penal Code, is amended by adding Subsection (e) to read as follows:

Sec. 51.02(e). ILLEGAL ENTRY FROM FOREIGN NATION — BIRTH TOURISM PURPOSE.

(e)Notwithstanding Subsection (b), an offense under this section is a felony of the third degree, without the possibility of deferred adjudication, if it is shown on the trial of the offense that:

(1)the defendant entered or attempted to enter this state from a foreign nation at a location other than a lawful port of entry; and

(2)the primary purpose of the defendant’s entry or attempted entry into this state was to give birth in Texas in order to obtain a United States birth certificate or citizenship documentation for the child to be born.

ARTICLE 4. VITAL RECORDS — ADMINISTRATIVE NOTATION AND INSTITUTIONAL REPORTING

SECTION 4.01. Section 192.002, Health and Safety Code, is amended by adding Subsection (e) to read as follows:

Sec. 192.002(e). IMMIGRATION STATUS ADMINISTRATIVE NOTATION.

(e)The form of the birth certificate shall include a designated space, not part of the legal birth certificate, for recording the immigration status and visa classification, if known, of the mother at the time of birth as reported by the person required to file the birth certificate under Section 192.003. This information:

(1)is a confidential administrative notation and shall not be included in any certified copy of a birth certificate issued to any person;

(2)shall be retained by the vital statistics unit and made available only to the attorney general upon written request in connection with a birth tourism investigation or prosecution under this Act or Sections 20.08, 20.09, or 20.10, Penal Code; and

(3)may not be used as a basis to deny, delay, or condition the issuance of a birth certificate to any child born in Texas.

SECTION 4.02. Chapter 192, Health and Safety Code, Subchapter C, as added by Section 1.02 of this Act, is amended by adding Section 192.102 to read as follows:

Sec. 192.102. MATERNITY HOTEL AND BIRTH TOURISM REPORTING BY LICENSED INSTITUTIONS.

(a)A licensed institution that provides obstetric services shall report to the vital statistics unit and the attorney general, not later than the 30th day of each month, the number of births at that institution in the preceding month in which the attending physician or administrator observed, or in which hospital admission documentation reflects, one or more of the following indicators:

(1)the mother presented immigration documentation indicating she is a noncitizen who entered the United States on a tourist, business, or other temporary nonimmigrant visa;

(2)the mother identified a maternity hotel, birth house, or short-term rental facility used exclusively or primarily by pregnant noncitizens as her place of lodging in Texas; or

(3)the mother indicated that her prenatal care was arranged or coordinated by a third-party birth tourism broker, service, or enterprise.

(b)A report required by this section:

(1)must be submitted in a form and manner prescribed by the vital statistics unit;

(2)must be aggregate in nature and may not include the name, date of birth, or other personally identifying information of the mother or child; and

(3)is confidential and not subject to disclosure under Chapter 552, Government Code, except to the attorney general upon written request.

(c)The vital statistics unit shall compile reports submitted under this section and submit aggregate statewide data to the legislature annually, not later than December 1 of each year.

ARTICLE 5. CIVIL ENFORCEMENT AND ATTORNEY GENERAL AUTHORITY

SECTION 5.01. Chapter 195, Health and Safety Code, is amended by adding Section 195.010 to read as follows:

Sec. 195.010. ATTORNEY GENERAL — INVESTIGATION AND CIVIL ENFORCEMENT OF BIRTH TOURISM PROHIBITION.

(a)The attorney general shall investigate any person reasonably suspected of operating a birth tourism enterprise as defined by Section 192.101 of this code.

(b)In addition to criminal prosecution under Sections 20.08, 20.09, and 20.10, Penal Code, the attorney general may bring a civil action in the name of the state against a person who operates a birth tourism enterprise for:

(1)a civil penalty of not more than $10,000 per occurrence per day that the violation continues;

(2)injunctive relief, including a temporary or permanent injunction, restraining order, or other order necessary to prevent continued operation of a birth tourism enterprise; and

(3)reasonable attorney’s fees, investigative costs, and court costs.

(c)The attorney general may bring an action under this section in a district court in Travis County or in any county in which a violation is alleged to have occurred.

(d)In an investigation under this section, the attorney general may issue civil investigative demands and subpoenas for documents, records, and testimony to the same extent and in the same manner as authorized under Chapter 402, Government Code.

(e)Civil penalties collected under this section shall be deposited to the credit of the state general revenue fund.

(f)The attorney general shall establish a Birth Tourism Enforcement Unit within the Office of the Attorney General, staffed and funded as necessary to carry out the duties imposed by this Act.

SECTION 5.02. Chapter 17, Business & Commerce Code, is amended by adding Section 17.4625 to read as follows:

Sec. 17.4625. BIRTH TOURISM ADVERTISING — DECEPTIVE AND UNLAWFUL TRADE PRACTICE.

(a)A person engages in a false, misleading, or deceptive act or practice actionable under this subchapter if the person advertises, markets, promotes, or sells, whether in Texas, to a Texas resident, or through an internet platform or electronic service with substantial Texas users or Texas-based subscribers:

(1)birth tourism services, birth packages, maternity hotel accommodations, or any combination of services designed to facilitate the birth of a child in Texas for the purpose of obtaining for that child a United States birth certificate or citizenship documentation; or

(2)visa application coaching or document preparation services that include instructions, scripts, or strategies for a noncitizen to conceal a birth tourism purpose from a United States Customs and Border Protection officer or United States Consular officer.

(b)The consumer protection provisions of this subchapter apply to an advertisement or solicitation described by this section regardless of whether the advertiser, the service, or the recipient of the advertisement is physically located in Texas.

(c)The attorney general may pursue a consumer protection enforcement action under this section using the same remedies available under this subchapter, including civil penalties and injunctive relief.

ARTICLE 6. SURROGACY AND ADOPTION — COUNTRIES OF CONCERN

SECTION 6.01. Chapter 160, Family Code, is amended by adding Section 160.0021 to read as follows:

Sec. 160.0021. GESTATIONAL SURROGACY AGREEMENTS — COUNTRIES OF CONCERN — VOID.

(a)A gestational agreement under this subchapter is void and unenforceable if any party to the agreement who is an intended parent is:

(1)a citizen or national of a country of concern as defined by Section 192.101, Health and Safety Code; or

(2)a corporation, limited liability company, or other legal entity owned or controlled by a citizen, national, or the government of a country of concern.

(b)This section does not apply to a gestational agreement in which:

(1)at least one intended parent is a United States citizen, United States national, or lawful permanent resident; and

(2)the gestational agreement was entered into for bona fide family formation purposes unrelated to birth tourism.

(c)A court may not validate, confirm, or enforce a gestational agreement that is void under this section.

(d)A gestational carrier who performed under an agreement void under this section shall not be subject to civil liability to the intended parents under such a void agreement.

SECTION 6.02. Chapter 162, Family Code, is amended by adding Section 162.0081 to read as follows:

Sec. 162.0081. PREPLANNED ADOPTION AGREEMENTS — COUNTRIES OF CONCERN — VOID.

(a)An adoption initiated pursuant to a preplanned agreement, also known as a “birth parent agreement,” is void and a court may not grant or confirm the adoption if:

(1)the agreement was entered into primarily for the purpose of obtaining for a child a United States birth certificate or citizenship documentation through birth in Texas; and

(2)the prospective adoptive parents are citizens or nationals of a country of concern as defined by Section 192.101, Health and Safety Code.

(b)A court shall treat a preplanned adoption agreement void under this section as if the agreement were never executed and shall dismiss without prejudice any adoption proceeding initiated solely under that agreement.

ARTICLE 7. LEGISLATIVE FINDINGS AND RESOLUTIONS

Sec. 7.01. LEGISLATIVE FINDINGS.

SECTION 7.01. LEGISLATIVE FINDINGS. The legislature finds and declares:

(1)Commercial birth tourism enterprises operating in and targeting Texas represent an organized, profit-driven industry that exploits the proximity of Texas to international borders, the availability of world-class obstetric care, and the doctrine of birthright citizenship to manufacture citizenship documentation for children of foreign nationals for a fee.

(2)The value of United States citizenship, earned at great cost including the lives of countless Texans and Americans across generations of military service, is undermined by commercial enterprises that sell access to citizenship through birth tourism.

(3)On June 30, 2026, the United States Supreme Court issued its decision in Trump v. Barbara, 609 U.S. ___ (2026), holding 5-4 that children born in the United States to parents unlawfully or temporarily present are “subject to the jurisdiction” of the United States and are citizens at birth under the Fourteenth Amendment, invalidating Executive Order 14160 signed by President Trump on January 20, 2025.

(4)The legislature respectfully but firmly objects to the holding and reasoning of Trump v. Barbara and finds that the Court’s decision perpetuates the exploitation of birthright citizenship by commercial birth tourism enterprises and by citizens of adversary nations.

(5)Because birthright citizenship is a matter of constitutional law as interpreted by the federal courts, the remedy for Trump v. Barbara lies with the United States Congress through either a statute clarifying the Citizenship Clause or a constitutional amendment, and Texas demands that Congress act immediately.

Sec. 7.02. FORMAL RESOLUTIONS.

SECTION 7.02. FORMAL RESOLUTIONS. The legislature of the State of Texas hereby:

(1)formally objects to and condemns the decision of the United States Supreme Court in Trump v. Barbara, 609 U.S. ___ (2026), as an incorrect construction of the Fourteenth Amendment that perpetuates the commercial exploitation of birthright citizenship;

(2)formally demands that the Congress of the United States take any and all necessary actions — including legislation clarifying the scope of the Citizenship Clause and, if necessary, a constitutional amendment — to end the exploitation of birthright citizenship by birth tourism enterprises and foreign adversary nationals; and

(3)directs the secretary of state to transmit certified copies of this Act, and of the legislative findings and resolutions contained in this Article, to:

(A)the President of the United States;

(B)the President pro tempore of the United States Senate;

(C)the Speaker of the United States House of Representatives; and

(D)each member of the Texas congressional delegation.

ARTICLE 8. SAVING CLAUSE, TRANSITION, AND EFFECTIVE DATE

Sec. 8.01. CRIMINAL SAVING CLAUSE.

SECTION 8.01. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

Sec. 8.02. TRANSITION — PRIOR AGREEMENTS.

SECTION 8.02. Gestational agreements and preplanned adoption agreements entered into before the effective date of this Act are not affected by the additions made by Article 6 of this Act.

Sec. 8.03. TRANSITION — VITAL STATISTICS FORMS.

SECTION 8.03. Not later than the 60th day after the effective date of this Act:

(1)the vital statistics unit shall develop and distribute the immigration status notation form required by Section 192.002(e), Health and Safety Code, as added by this Act; and

(2)the vital statistics unit shall develop and disseminate reporting forms required under Section 192.102, Health and Safety Code, as added by this Act.

Sec. 8.04. TRANSITION — BIRTH TOURISM ENFORCEMENT UNIT.

SECTION 8.04. Not later than the 90th day after the effective date of this Act, the attorney general shall establish the Birth Tourism Enforcement Unit required by Section 195.010(f), Health and Safety Code, as added by this Act.

Sec. 8.05. EFFECTIVE DATE.

SECTION 8.05. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2026.

Texas Birth Tourism Criminalization Act