Zwiener Bill Narrows Fetal Heartbeat Suits, Shields Speech And Counseling

The text as introduced · 872 words

By: Zwiener
H.B. No. 5422

A BILL TO BE ENTITLED

AN ACT

relating to civil liability for a violation of or for aiding or

abetting a violation of fetal heartbeat abortion laws.

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

SECTION 1. Section 171.208, Health and Safety Code, is

amended by amending Subsections (a), (b), (d), (f), and (j) and

adding Subsections (a-1), (a-2), (e-1), and (g-1), to read as

follows:

(a) Any person, other than an officer or employee of a state

or local governmental entity in this state, may bring a civil action

against any person who:

(1) performs or induces an abortion in violation of

this subchapter;

(2) except as provided by Subsections (a-1) and (j),

knowingly engages in conduct that aids or abets the performance or

inducement of an abortion, including paying for or reimbursing the

costs of an abortion through insurance or otherwise, [ if the

abortion is performed or induced ] in violation of this subchapter[ ,

regardless of whether the person knew or should have known that the

abortion would be performed or induced in violation of this

subchapter ]; or

(3) except as provided by Subsections (a-1) and (j),

intends to engage in the conduct described by Subdivision (1) or

(2).

(a-1) Conduct subject to liability under Subsection (a)(2)

or (a)(3) is limited to conduct intended to facilitate a violation

of this subchapter. General speech, counseling, emotional support,

or nonfinancial assistance is not considered aiding or abetting

under this section.

(a-2) To recover in an action brought under Subsection

(a)(2) or (a)(3) for aiding or abetting or intending to aid or abet

a violation of this subchapter, a claimant must prove by clear and

convincing evidence that the defendant acted with actual knowledge

of the violation or potential violation and with the specific

intent to facilitate the violation.

(b) If a claimant prevails in an action brought under this

section, the court shall award:

(1) injunctive relief sufficient to prevent the

defendant from violating this subchapter or engaging in acts that

aid or abet violations of this subchapter;

(2) statutory damages in an amount of not less than

$10,000 for each abortion that the defendant performed or induced

in violation of this subchapter, and for each abortion performed or

induced in violation of this subchapter that the defendant aided or

abetted , calculated based on actual harm caused by the defendant's

conduct ; and

(3) costs and attorney's fees.

(d) Notwithstanding Chapter 16, Civil Practice and Remedies

Code, or any other law, a person may bring an action under this

section not later than the second [ fourth ] anniversary of the date

the cause of action accrues.

(e-1) A defendant in an action brought under this section

may raise any defense or constitutional challenge available under

state or federal law, including reliance on court decisions

effective at the time the conduct that is the subject of the action

occurred. This section does not preclude the application of

binding judicial precedent or the assertion of constitutional

rights.

(f) It is a [ an affirmative ] defense if:

(1) a person sued under Subsection (a)(2) reasonably

believed, after conducting a reasonable investigation or relying on

a licensed physician's written assurance , that the physician

performing or inducing the abortion had complied or would comply

with this subchapter; or

(2) a person sued under Subsection (a)(3) reasonably

believed, after conducting a reasonable investigation , or for an

alleged intent to aid or abet a violation relying on a licensed

physician's written assurance , that the physician performing or

inducing the abortion will comply with this subchapter.

(g-1) This section does not apply to any speech, counseling,

or advocacy protected by the First Amendment to the United States

Constitution, as interpreted by the United States Supreme Court or

by Section 8, Article I, Texas Constitution, including:

(1) the provision of information about legally

available abortion services;

(2) discussion or promotion of reproductive health

care options; and

(3) engagement in public protest or commentary

regarding abortion laws.

(j) Notwithstanding any other law, a civil action under this

section may not be brought :

(1) by a person who impregnated the abortion patient

through an act of rape, sexual assault, incest, or any other act

prohibited by Sections 22.011, 22.021, or 25.02, Penal Code ; or

(2) against an individual who provided support,

assistance, or counseling to a survivor of an act described by

Subdivision (1) in connection with an abortion .

SECTION 2. Section 171.208(e), Health and Safety Code, is

repealed.

SECTION 3. Section 171.208, Health and Safety Code, as

amended by this Act, applies only to an action filed on or after the

effective date of this Act. An action filed before the effective

date of this Act is governed by the law as it existed immediately

before the effective date of this Act, and that law is continued in

effect for that purpose.

SECTION 4. 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, 2025.