McCulloch County Texas Delays Passage of Sanctuary for the Unborn Ordinance
On Monday February, 23rd, McCulloch County Judge Frank Trull and the McCulloch County Commissioners’ Court tabled a Sanctuary County for the Unborn (SCFTU) ordinance that would have further protected pregnant mothers and their unborn children from the tragedy and violence of abortion. The vote to delay the measure by Precinct 1 Commissioner Carol Anderson, Precinct 2 Commissioner Randy Deans, Precinct 3 Commissioner Rod Young, and Precinct 4 Commissioner Gary Maricle was unanimous.
Had the ordinance been passed, the proposed SCFTU ordinance would have immediately put into place six provisions. These provisions would have: (1) prohibited the performing of elective abortions and the aiding or abetting of elective abortions within the unincorporated area of McCulloch County, (2) prohibited elective abortions on residents of the unincorporated area of McCulloch County – regardless of where the abortion takes place, (3) prohibited abortion trafficking through the unincorporated area of McCulloch County, (4) prohibited abortion-inducing drugs being mailed or brought into the unincorporated area of McCulloch County, (5) prohibited criminal organizations from doing business inside the unincorporated area of McCulloch County, and (6) prohibit the transport and disposal of the remains of unborn children killed by an elective abortion by abortion providers outside of the State of Texas from being brought through or disposed of in the unincorporated area of McCulloch County. The ordinance considered by the court was identical in substance to the ordinances passed by the 29 political subdivisions that passed the measure in 2025 and the 6 political subdivisions that have passed the measure so-far this year. Had the measure passed, it would have been enforced the same way the Texas Heartbeat Act is enforced, through a private enforcement mechanism allowing private citizens to file a lawsuit against anyone in violation of the ordinance. Since June 11, 2019, a total of 77 cities and 17 counties throughout the State of Texas have passed local ordinances utilizing this private enforcement mechanism.
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While McCulloch County Judge Frank Trull received a letter signed by Texas Senator Charles Perry, Texas Speaker of the House Dustin Burrows, and 18 other conservative Texas Legislators in support of the passage of the measure, Judge Trull and multiple McCulloch County Commissioners disagreed with the position of the Texas Legislators – stating that they were told that they did not have the authority to pass such a measure and that such a measure was unnecessary.
The “Authority” Argument
The County Judge and Commissioners were influenced by an email from Attorney Jim Allison, which was a response to a question from Hockley County Judge Sharla Baldridge about the constitutionality of the ordinance. Attorney Jim Allison is an influential Democrat who serves as Senior General Counsel for the County Judges and Commissioners Association of Texas (CJCAT). When State Representative Dustin Burrows (HD-83) heard of Allison’s involvement in opposing the Mason County Ordinance in September 2023, the news did not come as a surprise. At that time, Representative Burrows shared, “Many important policies myself and other conservatives have fought for in the legislature, including tax relief, banning taxpayer funded lobbying, and regulatory consistency, have always been strongly opposed by Allison and others.” Burrows continued, “It would be disappointing and problematic if any representative of one of these associations let their personal political ideology get in the way of giving true and accurate advice.”
The fact that the Texas Legislature had passed several measures “addressing the authority cities and counties have at prohibiting abortion in their jurisdiction” was clear. In their letter, addressed “To Texas City Councils, County Commissions, and Local Officials,” the Texas Legislators wrote, “During the 2019 Legislative Session, a bill was passed (Senate Bill 22) which prohibited tax dollars from funding abortion providers and their affiliates at the state and local level and included an amendment specifically clarifying that the bill does not prohibit cities and counties from banning abortion. Taking their cue from this amendment, on June 11, 2019, the City Council of Waskom, Texas, passed an ordinance banning all abortions within their city limits and prohibiting any abortion provider from doing business within the town’s jurisdiction. During the 2021 Legislative Session, the Texas Legislature made it even more clear that cities and counties could pass ordinances outlawing abortion when they passed Senate Bill 8 – also known as the Texas Heartbeat Act. This bill prohibited an abortion being performed on any child which is found to have a detectable heartbeat, but also included a section addressing the authority cities and counties have at prohibiting abortion in their jurisdiction. The law states in Texas Government Code § 311.036(b), ‘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.’”
The “Unnecessary” Argument
At one point, Judge Trull asked McCulloch County Sheriff Matt Andrews if it was already against the law for minors to be taken out of state without parental consent. Sheriff Andrews answered incorrectly — both related to the subject in general and also in regards to the subject of abortion specifically.
If it were already against the laws of Texas, organizations like Jane’s Due Process, which “helps young people in Texas navigate parental consent laws and abortion bans to confidentially access abortion and birth control” including by providing “Abortion and practical support funding for young people under 18 traveling out of Texas for abortion care” would have already been shut down. Furthermore, if it were already against the law for minors to be taken across state lines for abortions without parental consent, then legislation would not have been introduced at the state and federal levels seeking to address some of these problems. On March 12, 2025, during the 89th Regular Session of the Texas Legislature, Senator Phil King (SD-10) filed SB 2352, “Relating to prohibiting transporting or funding the transportation of an unemancipated minor for an abortion; providing a civil penalty; creating a criminal offense,” but the bill never made it out of committee. Representative Ellen Troxclair (HD-19) filed the companion bill, HB 4595, which was co-sponsored by Representative Wes Virdell, but the bill never made it out of committee. Earlier this month, on February 2, 2026, Senator John Cornyn co-sponsored the Child Interstate Abortion Notification Act. While this would be a step in the right direction at the federal level, there is no guarantee that such legislation will pass. That being said, even if it did pass, it is a “notification law” and not a law banning the practice.
The Aftermath
In a statement made to the Brady Standard-Herald, published on Wednesday, February 25, Representative Wes Virdell (HD-53) wrote, “I am disappointed it was motioned to be tabled. I am concerned that the court has been given bad legal advice by Jim Allison, who has a long history of working in the Democratic Party and supporting abortion. He has used his position as the general counsel for CJCAT to weaponize local governments against enacting these ordinances. While I have a lot of respect for our local officials, as an elected official myself, I believe it is my duty to stand up wherever and however I can for the unborn. The Texas Legislature worked very hard to give the local governments the ability to take a stance against these egregious acts. It is rare that the Texas legislature does give power back to local governments in this manner and I hope local governments will utilize it. Some of the most prominent members of the Legislature have taken very public stances supporting it. The good news is the Commissioners didn’t vote against it and they have the ability to bring it back up. I hope they will do so in the near future.”
Turning Point USA at Texas Tech President Preston Parsons, who is a 2025 Brady High School graduate, told the local paper, “I am pretty disappointed with the decision of the commissioners court in McCulloch County to table this. As we showed them, this is supported by the Republican Party of Texas, their own senator, their own house representative, their own attorney general, and their speaker of the house. While I understand their hindrances, they are choosing to listen to a lifelong Democrat from Austin, Jim Allison, instead of the Republican Party of Texas and taking a stand for life. It is very disappointing to see that from them.”
Those who wish to see their county or city pass an ordinance prohibiting abortion are encouraged to sign the online petition at www.
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