Toth Abortion Bill Lets Citizens Sue Libraries And Schools

The text as introduced · 8,931 words

By: Toth
H.B. No. 991

A BILL TO BE ENTITLED

AN ACT

relating to abortion, including civil liability for distribution of

abortion-inducing drugs and duties of Internet service providers;

creating a criminal offense; authorizing a private civil right of

action.

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

SECTION 1. This Act shall be known as the Women and Child

Safety Act.

SECTION 2. The legislature finds that:

(1) human life begins at fertilization;

(2) abortion is a murderous act of violence that

purposefully and knowingly terminates a human life in the womb;

(3) unborn human beings are entitled to the full and

equal protection of the laws that prohibit violence against other

human beings;

(4) the United States Supreme Court's ruling in Dobbs

v. Jackson Women's Health Organization , No. 19-1392 (U.S. June 24,

2022), correctly overruled the lawless and unconstitutional

pronouncements in Roe v. Wade , 410 U.S. 113 (1973) and Planned

Parenthood of Southern Pennsylvania v. Casey , 505 U.S. 833 (1992),

which had invented and perpetuated a supposed constitutional right

to abortion that cannot be found anywhere in the text of the United

States Constitution;

(5) so-called abortion funds that operate in this

state have been funding and otherwise aiding or abetting criminal

abortions performed in violation of the laws of this state,

exposing themselves and each of their donors to felony criminal

prosecution;

(6) the abortion funds and their donors are not and

never were protected by an injunction in any abortion-related case

because they are not parties to those cases, and there has never

been an injunction that restrains a state official from prosecuting

abortion funds and their donors who aided or abetted abortions

performed in violation of the laws of this state;

(7) the abortion funds and their donors are not and

never were protected from criminal prosecution by Roe v. Wade , 410

U.S. 113 (1973), because:

(A) there is no constitutional right to pay for

another person's abortion;

(B) abortion funds and their donors lack

third-party standing to assert the supposed constitutional rights

of women seeking abortions; and

(C) any immunity from prosecution that the

abortionist might have enjoyed on account of Roe does not preclude

the imposition of accomplice liability on abortion funds and their

donors;

(8) it is a federal crime to mail abortion-inducing

drugs or to receive them in the mail, punishable by five years

imprisonment, under 18 U.S.C. Section 1461;

(9) it is also a federal crime to transport

abortion-inducing drugs in interstate or foreign commerce under 18

U.S.C. Section 1462(c);

(10) these federal statutes are fully enforceable now

that Roe has been overruled, and the statute of limitations for each

of these crimes is five years;

(11) violations of 18 U.S.C. Sections 1461-1462 are

predicate offenses under the federal Racketeer Influenced and

Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), which

exposes distribution networks of abortion-inducing drugs and their

donors to civil racketeering liability as well as criminal

prosecution as a racketeering enterprise under federal law;

(12) the legislature calls on the attorney general and

each district attorney in this state to investigate and prosecute

abortion funds and each of their donors for aiding or abetting

criminal abortion in this state in violation of the laws of this

state; and

(13) the legislature calls on state and federal

prosecutors in this state to investigate and prosecute every

distribution network for abortion-inducing drugs under federal

racketeering laws as well as 18 U.S.C. Sections 1461-1462.

SECTION 3. Subtitle H, Title 2, Health and Safety Code, is

amended by adding Chapter 171A to read as follows:

CHAPTER 171A. ABORTION-INDUCING DRUGS AND FACILITATION OF

ABORTION; ENFORCEMENT OF ABORTION LAWS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 171A.001. DEFINITIONS. In this chapter:

(1) "Abortion" means the act of using, prescribing,

administering, procuring, or selling an instrument, medicine,

drug, or any other substance, device, or means with the purpose to

terminate a pregnancy of a woman, with knowledge that the

termination by any of those means will with reasonable likelihood

cause the death of a living human being in the womb. The term does

not include:

(A) in vitro fertilization or fertility

treatments of any type;

(B) the use, prescription, administration,

procuring, or selling of an emergency contraceptive, including Plan

B and morning-after pills, intrauterine devices, or any other type

of contraceptive; or

(C) an act performed with the purpose to:

(i) save the life or preserve the health of

the unborn child;

(ii) remove a dead unborn child caused by

spontaneous abortion; or

(iii) remove or treat an ectopic pregnancy.

(2) "Abortion-inducing drug" means a drug or

medication, including mifepristone and misoprostol, that is used to

terminate the life of an unborn child. The term does not include:

(A) an emergency contraceptive, including Plan B

and morning-after pills, intrauterine devices, or any other type of

contraceptive; or

(B) drugs or medications that are possessed or

distributed for a purpose that does not include the termination of a

pregnancy, including for the treatment of an unrelated medical

condition.

(3) "Abortion funds" means a corporation,

organization, government, governmental agency, business trust,

estate, trust, partnership, association, or any other legal entity

that:

(A) exists for the purpose of aiding or abetting

elective abortions; and

(B) pays for, reimburses, or subsidizes in any

way the costs associated with obtaining an elective abortion.

(4) "Abortion provider" means a person who performs

elective abortions.

(5) "Elective abortion" means an abortion other than

those performed or induced in response to a medical emergency.

(6) "Fertilization" means the fusion of a human

spermatozoon with a human ovum.

(7) "Governmental entity" means this state, a state

agency, or a political subdivision of this state.

(8) "Human being" means an individual member of the

species homo sapiens at any state of development beginning at

fertilization.

(9) "Information content provider" means a person who

is responsible, wholly or partly, for the creation or development

of information provided through the Internet or any other

interactive computer service.

(10) "Interactive computer service" means an

information service, system, or access software provider that

provides or enables computer access by multiple users to a computer

server, including specifically a service or system that provides

access to the Internet and such systems operated or services

offered by libraries or educational institutions.

(11) "Medical emergency" means a condition in which an

abortion is necessary to preserve the life of a pregnant woman whose

life is endangered by a physical disorder, physical illness, or

physical injury, including a life-endangering physical condition

caused by or arising from the pregnancy itself.

(12) "Unborn child" means an individual organism of

the species homo sapiens in any stage of gestation from

fertilization until live birth.

(13) "Woman" means an individual whose biological sex

is female, including an individual with XX chromosomes and an

individual with a uterus, regardless of any gender identity that

the individual attempts to assert or claim.

SUBCHAPTER B. PROTECTION FROM ABORTION-INDUCING DRUGS

Sec. 171A.051. PROHIBITIONS RELATED TO ABORTION-INDUCING

DRUGS. (a) Except as provided by Subsection (b), a person may not:

(1) manufacture, possess, or distribute an

abortion-inducing drug in this state;

(2) mail, transport, deliver, or provide an

abortion-inducing drug in any manner to or from any person or

location in this state;

(3) provide information on how to obtain an

abortion-inducing drug;

(4) create, edit, upload, publish, host, maintain, or

register a domain name for an Internet website, platform, or other

interactive computer service that assists or facilitates a person's

effort in obtaining an abortion-inducing drug;

(5) create, edit, program, or distribute any

application or software for use on a computer or an electronic

device that is intended to enable individuals to obtain an

abortion-inducing drug or to facilitate an individual's access to

an abortion-inducing drug; or

(6) engage in conduct that would make a person

criminally responsible under Chapter 7, Penal Code, as a party to a

criminal act described by Subdivision (1) or (2).

(b) Notwithstanding any other law, Subsection (a) does not

prohibit:

(1) speech or conduct protected by the First Amendment

of the United States Constitution, as made applicable to the states

through the United States Supreme Court's interpretation of the

Fourteenth Amendment of the United States Constitution or protected

by Section 8, Article I, Texas Constitution;

(2) conduct this state is prohibited from regulating

under federal law, including the United States Constitution;

(3) conduct engaged in by a pregnant woman who aborts

or attempts to abort the woman's unborn child;

(4) possessing, distributing, mailing, transporting,

delivering, or providing an abortion-inducing drug for a purpose

that does not include performing, inducing, or attempting an

abortion;

(5) possessing an abortion-inducing drug for purposes

of entrapping a person that violates this section;

(6) conduct engaged in by a person as directed by a

federal agency, contractor, or employee to carry out a duty under

federal law, if prohibiting that conduct would violate the

doctrines of preemption or intergovernmental immunity; or

(7) conduct described by Section 171A.201(a)(1), (2),

or (3).

SUBCHAPTER C. CIVIL LIABILITY FOR DISTRIBUTION OF

ABORTION-INDUCING DRUGS

Sec. 171A.101. CIVIL ACTION FOR DISTRIBUTION OF

ABORTION-INDUCING DRUGS. (a) Notwithstanding any other law and

except as provided by this section, a person who manufactures,

distributes, mails, transports, delivers, or provides an

abortion-inducing drug in violation of Section 171A.051 or who aids

or abets the manufacture, distribution, mailing, transportation,

delivery, or provision of an abortion-inducing drug in violation of

Section 171A.051, or who otherwise engages in any conduct

prohibited by Section 171A.051 is strictly and jointly and

severally liable for:

(1) the wrongful death of an unborn child or pregnant

woman from the use of the abortion-inducing drug; and

(2) personal injury of an unborn child or pregnant

woman from the use of the abortion-inducing drug.

(b) A claimant may not bring an action under this section if

the action is preempted by 47 U.S.C. Section 230(c).

(c) Notwithstanding any other law, a civil action may not be

brought under this section:

(1) against the woman who used or sought to obtain

abortion-inducing drugs to abort or attempt to abort her unborn

child;

(2) against a person that acted at the behest of a

federal agency, contractor, or employee who is carrying out duties

under federal law if the imposition of liability would violate the

doctrines of preemption or intergovernmental immunity; or

(3) by any person who impregnated the woman who used

abortion-inducing drugs through conduct constituting an offense

under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code,

or by another person who acts in concert or participation with that

person.

(d) Notwithstanding any other law, including rules of civil

procedure adopted under Chapter 26, Civil Practice and Remedies

Code, an action brought under this section may not be litigated on

behalf of a claimant class or a defendant class, and no court may

certify a class in the action.

Sec. 171A.102. DEFENSES. (a) It is an affirmative defense

to an action brought under Section 171A.101 that the defendant:

(1) was unaware that the defendant was engaged in the

conduct described by Section 171A.101(a); and

(2) took every reasonable precaution to ensure that

the defendant would not manufacture, distribute, mail, transport,

deliver, provide, or aid or abet the manufacture, distribution,

mail, transportation, delivery, or provision of abortion-inducing

drugs.

(b) A defendant has the burden of proving an affirmative

defense under Subsection (a) by a preponderance of the evidence.

(c) Notwithstanding any other law, the following are not a

defense to an action brought under this section:

(1) ignorance or mistake of law;

(2) a defendant's belief that the requirements or

provisions of this chapter are unconstitutional or were

unconstitutional;

(3) a defendant's reliance on a court decision that has

been vacated, reversed, or overruled on appeal or by a subsequent

court, even if that court decision had not been vacated, reversed,

or overruled when the cause of action accrued;

(4) a defendant's reliance on a state or federal court

decision that is not binding on the court in which the action has

been brought;

(5) a defendant's reliance on a federal statute,

agency rule or action, or treaty that has been repealed,

superseded, or declared invalid or unconstitutional, even if that

federal statute, agency rule or action, or treaty had not been

repealed, superseded, or declared invalid or unconstitutional when

the cause of action accrued;

(6) non-mutual issue preclusion or non-mutual claim

preclusion;

(7) the consent of the claimant or the unborn child's

mother to the abortion;

(8) contributory or comparative negligence;

(9) assumption of risk; or

(10) a claim that the enforcement of this chapter or

the imposition of civil liability against the defendant will

violate the constitutional rights of third parties.

Sec. 171A.103. APPORTIONED LIABILITY. Notwithstanding any

other law, if a claimant who brings an action under Section 171A.101

is unable to identify the specific manufacturer of the

abortion-inducing drug that caused the death or injury that is the

basis for the action, the liability is apportioned among all

manufacturers of abortion-inducing drugs in proportion to each

manufacturer's share of the market for abortion-inducing drugs.

Sec. 171A.104. STATUTE OF LIMITATIONS. Notwithstanding any

other law, a person may bring an action under Section 171A.101 not

later than the sixth anniversary of the date the cause of action

accrues.

Sec. 171A.105. WAIVER PROHIBITED. A waiver or purported

waiver of the right to bring an action under Section 171A.101 is

void as against public policy and is not enforceable in any court.

Sec. 171A.106. CONSTRUCTION OF SUBCHAPTER. This subchapter

may not be construed to impose liability on speech or conduct

protected by the First Amendment of the United States Constitution,

as made applicable to the states through the United States Supreme

Court's interpretation of the Fourteenth Amendment of the United

States Constitution or protected by Section 8, Article I, Texas

Constitution.

Sec. 171A.107. JURISDICTION; APPLICABILITY OF STATE LAW.

(a) Notwithstanding any other law, including Subchapter C, Chapter

17, Civil Practice and Remedies Code, the courts of this state have

personal jurisdiction over a defendant sued under Section 171A.101

to the maximum extent permitted by the Fourteenth Amendment to the

United States Constitution.

(b) Notwithstanding any other law, the law of this state

applies to the use of an abortion-inducing drug by a resident of

this state, regardless of where the use of the drug occurs, and to

an action brought under Section 171A.101 to the maximum extent

permitted by the United States Constitution.

(c) Chapters 27 and 110, Civil Practice and Remedies Code,

do not apply to an action brought under Section 171A.101.

SUBCHAPTER D. PRIVATE CIVIL ENFORCEMENT OF PROHIBITIONS RELATING

TO ABORTION-INDUCING DRUGS

Sec. 171A.151. CIVIL ACTION AUTHORIZED. (a) Except as

provided by this section, a person, other than this state, a

political subdivision of this state, and an officer or employee of

this state or a political subdivision of this state, has standing to

bring and may bring a civil action against a person who:

(1) violates Section 171A.051; or

(2) intends to violate Section 171A.051.

(b) A claimant may not bring an action under this section if

the action is preempted by 47 U.S.C. Section 230(c).

(c) Notwithstanding any other law, a civil action may not be

brought under this section:

(1) against the woman who used or sought to obtain

abortion-inducing drugs to abort or attempt to abort her unborn

child;

(2) against a person that acted at the behest of a

federal agency, contractor, or employee who is carrying out duties

under federal law if the imposition of liability would violate the

doctrines of preemption or intergovernmental immunity; or

(3) by any person who impregnated the woman who used

or sought to obtain abortion-inducing drugs through conduct

constituting an offense under Section 21.02, 21.11, 22.011, 22.021,

or 25.02, Penal Code, or by another person who acts in concert or

participation with that person.

(d) Notwithstanding any other law, including rules of civil

procedure adopted under Chapter 26, Civil Practice and Remedies

Code, an action brought under this section may not be litigated on

behalf of a claimant class or a defendant class, and no court may

certify a class in the action.

Sec. 171A.152. DEFENSES. (a) It is an affirmative defense

to an action brought under Section 171A.151 that the defendant:

(1) was unaware that the defendant was engaged in the

conduct prohibited by Section 171A.051; and

(2) took every reasonable precaution to ensure that

the defendant would not violate Section 171A.051.

(b) A defendant has the burden of proving an affirmative

defense under Subsection (a) by a preponderance of the evidence.

(c) Notwithstanding any other law, the following are not a

defense to an action brought under this section:

(1) ignorance or mistake of law;

(2) a defendant's belief that the requirements or

provisions of this chapter are unconstitutional or were

unconstitutional;

(3) a defendant's reliance on a court decision that has

been vacated, reversed, or overruled on appeal or by a subsequent

court, even if that court decision had not been vacated, reversed,

or overruled when the cause of action accrued;

(4) a defendant's reliance on a state or federal court

decision that is not binding on the court in which the action has

been brought;

(5) a defendant's reliance on a federal statute,

agency rule or action, or treaty that has been repealed,

superseded, or declared invalid or unconstitutional, even if that

federal statute, agency rule or action, or treaty had not been

repealed, superseded, or declared invalid or unconstitutional when

the cause of action accrued;

(6) non-mutual issue preclusion or non-mutual claim

preclusion;

(7) the consent of the claimant or the unborn child's

mother to the abortion;

(8) contributory or comparative negligence;

(9) assumption of risk; or

(10) a claim that the enforcement of this chapter or

the imposition of civil liability against the defendant will

violate the constitutional rights of third parties.

Sec. 171A.153. STATUTE OF LIMITATIONS. Notwithstanding any

other law, a person may bring an action under Section 171A.151 not

later than the sixth anniversary of the date the cause of action

accrues.

Sec. 171A.154. REMEDIES. (a) Except as provided by

Subsection (c), if a claimant prevails in an action brought under

Section 171A.151, the court shall award:

(1) injunctive relief sufficient to prevent the

defendant from violating Section 171A.051;

(2) nominal damages or compensatory damages if the

claimant has suffered injury or harm from the defendant's conduct,

including loss of consortium and emotional distress;

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

$10,000 for each violation of Section 171A.051; and

(4) costs and reasonable attorney's fees.

(b) A court may not award relief under Subsection (a)(3) or

(a)(4) in response to a violation of Section 171A.051 if the

defendant demonstrates that a court has already ordered the

defendant to pay the full amount of statutory damages under

Subsection (a)(3) in another action for that particular violation.

(c) A court may not award costs or attorney's fees to a

defendant against whom an action is brought under Section 171A.151.

Sec. 171A.155. CONSTRUCTION OF SUBCHAPTER. This subchapter

may not be construed to impose liability on speech or conduct

protected by the First Amendment of the United States Constitution,

as made applicable to the states through the United States Supreme

Court's interpretation of the Fourteenth Amendment of the United

States Constitution or protected by Section 8, Article I, Texas

Constitution.

Sec. 171A.156. PUBLIC ENFORCEMENT PROHIBITED. (a)

Notwithstanding any other law, this state, a political subdivision

of this state, or an officer or employee of this state or a

political subdivision of this state may not:

(1) act in concert or participation with a claimant

bringing an action under Section 171A.151;

(2) establish or attempt to establish any type of

agency or fiduciary relationship with a claimant bringing an action

under Section 171A.151;

(3) make any attempt to control or influence a person's

decision to bring an action under Section 171A.151 or that person's

conduct of the litigation; or

(4) intervene in an action brought under Section

171A.151.

(b) This section does not prohibit a governmental entity or

officer or employee of a governmental entity from filing an amicus

curiae brief in an action brought under Section 171A.151 if the

entity, officer, or employee does not act in concert or

participation with the claimant.

Sec. 171A.157. JURISDICTION; APPLICABILITY OF STATE LAW.

(a) Notwithstanding any other law, including Subchapter C, Chapter

17, Civil Practice and Remedies Code, the courts of this state have

personal jurisdiction over a defendant sued under Section 171A.151

to the maximum extent permitted by the Fourteenth Amendment to the

United States Constitution.

(b) Notwithstanding any other law, the law of this state

applies to an action brought under Section 171A.151 to the maximum

extent permitted by the United States Constitution.

(c) Chapters 27 and 110, Civil Practice and Remedies Code,

do not apply to an action brought under Section 171A.151.

SUBCHAPTER E. PRIVATE CIVIL ENFORCEMENT AGAINST INTERACTIVE

COMPUTER SERVICES FACILITATING ABORTION

Sec. 171A.201. CIVIL ACTION AGAINST INTERACTIVE COMPUTER

SERVICE PROVIDER. (a) A person, other than this state, a political

subdivision of this state, and an officer or employee of this state

or a political subdivision of this state, has standing to bring and

may bring a civil action against a person who provides or maintains:

(1) an interactive computer service that allows

residents of this state to access information or material that

assists or facilitates efforts to obtain elective abortions or

abortion-inducing drugs;

(2) a platform for downloading any application or

software for use on a computer or electronic device that is designed

to assist or facilitate efforts to obtain elective abortions or

abortion-inducing drugs; or

(3) a platform that allows or enables those who

provide or aid or abet elective abortions, or those who

manufacture, distribute, mail, transport, deliver, or provide

abortion-inducing drugs, to collect money, digital currency,

resources, or any other thing of value in connection with that

conduct.

(b) Notwithstanding any other law, including rules of civil

procedure adopted under Chapter 26, Civil Practice and Remedies

Code, an action brought under this section may not be litigated on

behalf of a claimant class or a defendant class, and no court may

certify a class in the action.

Sec. 171A.202. DEFENSES. (a) It is an affirmative defense

to an action brought under Section 171A.201 that the defendant:

(1) was unaware that the defendant's interactive

computer service or platform was being used to assist or facilitate

efforts to obtain elective abortions or abortion-inducing drugs;

and

(2) on learning that the defendant's interactive

computer service or platform was being used to assist or facilitate

efforts to obtain elective abortions or abortion-inducing drugs,

took prompt action to:

(A) block access to any information, material,

application, or software that assists or facilitates efforts to

obtain elective abortions or abortion-inducing drugs; and

(B) block those who provide or aid or abet

elective abortions and those who manufacture, distribute, mail,

transport, deliver, or provide abortion-inducing drugs, from

collecting money, digital currency, resources, or any other thing

of value through its interactive computer service or platform.

(b) A defendant has the burden of proving an affirmative

defense under Subsection (a) by a preponderance of the evidence.

Sec. 171A.203. REMEDIES. (a) Except as provided by

Subsection (b), if a claimant prevails in an action brought under

Section 171A.201, the court shall award only declaratory or

injunctive relief. A court may not award:

(1) damages in the action, even if the claimant

demonstrates harm from the defendant's conduct; or

(2) a prevailing claimant's attorney's fees or costs.

(b) A court may not award relief under Subsection (a) if the

action was brought in response to:

(1) the exercise of a constitutional right that

belongs personally to the defendant;

(2) conduct engaged in at the direction of a federal

agency, contractor, or employee who is carrying out a duty under

federal law, if the relief authorized by Subsection (a) would

violate the doctrines of preemption or intergovernmental immunity;

or

(3) conduct engaged in by a woman who aborted or

attempted to abort her unborn child, if that woman is the named

defendant in the action.

Sec. 171A.204. RELATION TO OTHER INFORMATION CONTENT

PROVIDERS. A person who engages in conduct described by Section

171A.201(a)(1), (2), or (3) may not be:

(1) held vicariously liable for nominal, statutory, or

compensatory damages incurred by another information content

provider;

(2) held liable or legally responsible for the conduct

of a publisher or speaker of any information provided by another

information content provider; or

(3) treated as the speaker or publisher of any

information provided by another information content provider under

any provision of the laws of this state.

Sec. 171A.205. EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW.

(a) Notwithstanding any other law, conduct described by Section

171A.201(1), (2), or (3) is not subject to criminal, civil, or

administrative liability except solely through the private civil

action described by Section 171A.201. This state, a political

subdivision of this state, or an officer or employee of this state

or a political subdivision of this state may not take a direct or

indirect enforcement action under this subchapter against any

person, by any means.

(b) Except as provided by Subsection (c), a person may not

use conduct described by Section 171A.201(1), (2), or (3) as a

justification for the enforcement of any other law or any type of

adverse consequence under any other law except as provided by

Section 171A.201.

(c) This section does not preclude or limit the enforcement

of any other law or regulation against conduct that is

independently prohibited by that other law or regulation.

Sec. 171A.206. PUBLIC ENFORCEMENT PROHIBITED. (a)

Notwithstanding any other law, this state, a political subdivision

of this state, or an officer or employee of this state or a

political subdivision of this state may not:

(1) act in concert or participation with a claimant

bringing an action under Section 171A.201;

(2) establish or attempt to establish any type of

agency or fiduciary relationship with a claimant bringing an action

under Section 171A.201;

(3) make any attempt to control or influence a person's

decision to bring an action under Section 171A.201 or that person's

conduct of the litigation; or

(4) intervene in an action brought under Section

171A.201.

(b) This section does not prohibit a governmental entity or

officer or employee of a governmental entity from filing an amicus

curiae brief in an action brought under Section 171A.201 if the

entity, officer, or employee does not act in concert or

participation with the claimant.

Sec. 171A.207. JURISDICTION; APPLICABILITY OF STATE LAW.

(a) Notwithstanding any other law, including Subchapter C, Chapter

17, Civil Practice and Remedies Code, the courts of this state have

personal jurisdiction over a defendant sued under Section 171A.201

to the maximum extent permitted by the Fourteenth Amendment to the

United States Constitution.

(b) Notwithstanding any other law, the law of this state

applies to an action brought under Section 171A.201 to the maximum

extent permitted by the United States Constitution.

(c) Chapters 27 and 110, Civil Practice and Remedies Code,

do not apply to an action brought under Section 171A.151.

Sec. 171A.208. INTERACTIVE COMPUTER SERVICE USER OR

PROVIDER IMMUNITY FOR CERTAIN ACTIONS. Notwithstanding any other

law, a provider or user of an interactive computer service has

absolute and nonwaivable immunity from liability or suit for:

(1) an action taken to restrict access to or

availability of information or material that assists or facilitates

access to elective abortions or abortion-inducing drugs,

regardless of whether the information or material is

constitutionally protected;

(2) an action taken to enable or make available to

information content providers or others the technical means to

restrict access to information or material described by Subdivision

(1); or

(3) a denial of service to persons who provide or aid

or abet elective abortions or who manufacture, mail, distribute,

transport, or provide abortion-inducing drugs.

SUBCHAPTER F. PROVISIONS GENERALLY APPLICABLE TO CIVIL LIABILITY

FOR FACILITATING ABORTION

Sec. 171A.251. AFFIRMATIVE DEFENSE. (a) A defendant

against whom an action is brought under Section 171A.101, 171A.151,

or 171A.201 may assert an affirmative defense to liability under

this section if:

(1) the imposition of civil liability on the defendant

will violate constitutional or federally protected rights that

belong to the defendant personally; or

(2) the defendant:

(A) has standing to assert the rights of a third

party under the tests for third-party standing established by the

United States Supreme Court; and

(B) demonstrates that the imposition of civil

liability on the defendant will violate constitutional or federally

protected rights belonging to a third party.

(b) The defendant has the burden of proving an affirmative

defense described by Subsection (a) by a preponderance of the

evidence.

Sec. 171A.252. CONSTRUCTION OF CHAPTER WITH RESPECT TO

CIVIL LIABILITY AND ENFORCEMENT. This chapter may not be construed

to limit or preclude a defendant from asserting the

unconstitutionality of any provision or application of the laws of

this state as a defense to liability under Section 171A.101,

171A.151, or 171A.201 or from asserting any other defense that

might be available under any other source of law.

Sec. 171A.253. APPLICATION OF OTHER LAW. Notwithstanding

any other law, a court may not apply the law of another state or

jurisdiction to any civil action brought under Section 171A.101,

171A.151, or 171A.201 unless Article VI of the United States

Constitution compels it to do so.

Sec. 171A.254. VENUE. (a) Notwithstanding any other law, a

civil action brought under Section 171A.101, 171A.151, or 171A.201

must be brought in:

(1) the county in which all or a substantial part of

the events or omissions giving rise to the claim occurred;

(2) the county of a defendant's residence at the time

the cause of action accrued if a defendant is an individual;

(3) the county of the principal office in this state of

a defendant that is not an individual; or

(4) the county of the claimant's residence if the

claimant is an individual residing in this state.

(b) If a civil action is brought under Section 171A.101,

171A.151, or 171A.201 in a venue described by Subsection (a), the

action may not be transferred to a different venue without the

written consent of all parties.

Sec. 171A.255. PROTECTION FROM COUNTER ACTIONS. If an

action brought against a person or liability imposed in a judgment

entered against a person is wholly or partly based on the person's

decision to bring or threat to bring an action under Section

171A.101, 171A.151, or 171A.201, the person may recover damages

from the claimant who brought the action or obtained the judgment or

who has sought to enforce the judgment. The damages include:

(1) compensatory damages created by the action or

judgment, including money damages in an amount of the judgment and

costs, expenses, and reasonable attorney's fees spent in defending

the action;

(2) costs, expenses, and reasonable attorney's fees

incurred in bringing an action under this section; and

(3) additional statutory damages in an amount of not

less than $100,000.

SUBCHAPTER G. INTERNET SERVICE PROVIDER DUTIES

Sec. 171A.301. RESTRICTIONS ON ACCESS TO CERTAIN

INFORMATION AND MATERIALS ACCESSIBLE THROUGH CERTAIN INTERNET

WEBSITES. Each Internet service provider that provides Internet

services in this state shall make every reasonable and

technologically feasible effort to block Internet access to

information or material intended to assist or facilitate efforts to

obtain an elective abortion or an abortion-inducing drug, including

information or material accessible through:

(1) the following Internet websites:

(A) aidaccess.org;

(B) heyjane.co;

(C) plancpills.org;

(D) mychoix.co;

(E) justthepill.com; and

(F) carafem.org;

(2) an Internet website, platform, or other

interactive computer service operated by or on behalf of an

abortion provider or abortion fund;

(3) an Internet website, platform, or other

interactive computer service for downloading any application or

software for use on a computer or electronic device that is designed

to assist or facilitate efforts to obtain an elective abortion or an

abortion-inducing drug; or

(4) an Internet website, platform, or other

interactive computer service that allows or enables those who

provide or aid or abet elective abortions, or those who

manufacture, mail, distribute, transport, or provide

abortion-inducing drugs, to collect money, digital currency,

resources, or any other thing of value.

Sec. 171A.302. NOTIFICATION TO INTERNET SERVICE PROVIDER.

A person who becomes aware that information or material described

by Section 171A.301 is accessible through an Internet service

provider that provides Internet services in this state may notify

the provider and request that the provider block access to the

information or material in accordance with that section. A person

may provide the notification by:

(1) calling the provider's customer support number and

providing a precise description and location of the information or

material; or

(2) mailing a letter to the provider that includes a

precise description and location of the information or material.

Sec. 171A.303. PUBLIC ENFORCEMENT PROHIBITED. (a)

Notwithstanding any other law, direct or indirect enforcement of

this subchapter may not be taken or threatened by this state or a

political subdivision of this state, or by any officer, employee,

or agent of this state or a political subdivision of this state, by

any means.

(b) This state, a political subdivision of this state, or an

officer, employee, or agent of this state or a political

subdivision of this state may request or encourage an Internet

service provider to comply with the requirements of this

subchapter.

Sec. 171A.304. LIABILITY; RECOVERY OF DAMAGES. (a)

Notwithstanding any other law, an Internet service provider that

provides Internet services in this state has absolute and

nonwaivable immunity from liability or suit for:

(1) an action taken to comply with the requirements of

this subchapter, or to restrict access to or availability of the

information or material described by Section 171A.301;

(2) an action taken to enable or make available to

information content providers or others the technical means to

restrict access to information or material described by Section

171A.301; or

(3) a denial of service to persons who use or seek to

use the Internet to make available information or material

described by Section 171A.301.

(b) An Internet service provider against whom an action is

brought or a judgment is entered in state or federal court that is

wholly or partly based on the provider's compliance with the

requirements of this subchapter may recover damages from a claimant

that brought the action or obtained the judgment or who has sought

to enforce the judgment. The damages include:

(1) compensatory damages created by the action or

judgment, including money damages in an amount of the judgment, and

expenses and reasonable attorney's fees spent in defending the

action;

(2) costs, expenses, and reasonable attorney's fees

incurred in bringing an action under this section; and

(3) additional statutory damages in an amount of not

less than $100,000.

SUBCHAPTER H. CRIMINAL OFFENSES

Sec. 171A.351. OFFENSE: PAYING OR REIMBURSING ABORTION

COSTS. (a) A person that knowingly pays for or reimburses the

costs associated with obtaining an elective abortion performed on a

pregnant woman commits an offense. An offense under this

subsection is a felony of the second degree, except that the offense

is a felony of the first degree if an unborn child dies as a result

of the offense.

(b) The prohibition under Subsection (a) applies regardless

of:

(1) the individual on whom the elective abortion is

performed;

(2) the location at which the elective abortion is

performed;

(3) the law of the jurisdiction in which the elective

abortion is performed; and

(4) whether the payment or reimbursement is provided

directly or through an intermediary.

(c) The prohibition under Subsection (a) does not apply to a

pregnant woman on whom an elective abortion is performed or

attempted.

(d) The prohibition under Subsection (a) applies

extraterritorially to the maximum extent permitted by the United

States Constitution or the Texas Constitution.

Sec. 171A.352. OFFENSE: DESTROYING EVIDENCE OF ABORTION.

(a) A person commits an offense if the person knowingly or

recklessly conceals, destroys, or spoliates evidence of an elective

abortion performed or attempted:

(1) in this state; or

(2) on a resident of this state, regardless of whether

the person knew or should have known that the elective abortion was

performed or attempted on the resident.

(b) An offense under Subsection (a) is a felony of the

second degree, except that the offense is a felony of the first

degree if an unborn child dies as a result of the offense.

(c) The prohibition under Subsection (a) does not apply to a

pregnant woman on whom an elective abortion is performed or

attempted.

(d) The prohibition under Subsection (a) applies

extraterritorially to the maximum extent permitted by the United

States Constitution or the Texas Constitution.

SUBCHAPTER I. PROVISIONS RELATING TO ENFORCEMENT OF ABORTION LAWS

Sec. 171A.401. DEFINITION. In this subchapter, "abortion

law" means any law of this state regulating abortion, including

this chapter and Chapter 6-1/2, Title 71, Revised Statutes.

Sec. 171A.402. STATUTE OF LIMITATIONS. Notwithstanding any

other law, there is no applicable statute of limitations for an

offense committed under an abortion law.

Sec. 171A.403. CONCURRENT JURISDICTION OF ATTORNEY

GENERAL. Notwithstanding any other law, the attorney general has

concurrent jurisdiction to prosecute any abortion law and may

authorize a district attorney to investigate or prosecute a

violation of an abortion law if a local district attorney fails or

refuses to investigate or prosecute the violation.

Sec. 171A.404. ATTORNEY GENERAL ACTION FOR VIOLATION OF

CERTAIN ABORTION LAWS. (a) The attorney general has parens patriae

standing to bring an action under this section on behalf of unborn

children of residents of this state.

(b) The attorney general may bring an action for damages or

injunctive relief on behalf of an unborn child of a resident of this

state against a person who violates any abortion law of this state

except for Subchapter H, Chapter 171, or Subchapter B, C, or E of

this chapter.

Sec. 171A.405. FEE SHIFTING. (a) Notwithstanding any

other law, a person, including an entity, attorney, or law firm, who

brings an action seeking declaratory or injunctive relief to

prevent a person, including this state, a political subdivision of

this state, or an officer, employee, or agent of this state or a

political subdivision of this state, from enforcing or bringing an

action to enforce a law, including a statute, ordinance, rule, or

regulation, that regulates or restricts abortion or that limits

taxpayer funding for persons that perform or promote abortions in a

state or federal court or who represents a litigant seeking such

relief in a state or federal court is jointly and severally liable

to pay the costs and reasonable attorney's fees of the prevailing

party in the action seeking declaratory or injunctive relief.

(b) For purposes of this section, a party is considered a

prevailing party if a state or federal court:

(1) dismisses a claim or cause of action brought

against the party that seeks the declaratory or injunctive relief

described by Subsection (a), regardless of the reason for the

dismissal; or

(2) enters judgment in the party's favor on that claim

or cause of action.

(c) A prevailing party may recover costs and reasonable

attorney's fees under this section only to the extent that those

costs and attorney's fees were incurred while defending claims or

causes of action on which the party prevailed.

(d) Regardless of whether a prevailing party sought to

recover costs or attorney's fees in the underlying action, a

prevailing party under this section may bring a civil action to

recover costs and attorney's fees against a person, including an

entity, attorney, or law firm, who sought declaratory or injunctive

relief described by Subsection (a) not later than the third

anniversary of the date on which, as applicable:

(1) the dismissal or judgment described by Subsection

(b) becomes final on the conclusion of appellate review; or

(2) the time for seeking appellate review expires.

(e) It is not a defense to an action brought under

Subsection (d) that:

(1) a prevailing party under this section failed to

seek recovery of costs or attorney's fees in the underlying action;

(2) the court in the underlying action declined to

recognize or enforce this section; or

(3) the court in the underlying action held that any

provisions of this section are invalid, unconstitutional, or

preempted by federal law, notwithstanding the doctrines of issue or

claim preclusion.

SUBCHAPTER J. IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION

Sec. 171A.451. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL

IMMUNITY. (a) Except as provided by Subsection (b) but

notwithstanding any other law, the state has sovereign immunity, a

political subdivision of this state has governmental immunity, and

an officer or employee of this state or a political subdivision of

this state has official immunity in an action, claim, counterclaim,

or any other type of legal or equitable action that:

(1) challenges the validity of any provision or

application of this chapter, on constitutional grounds or

otherwise; or

(2) seeks to prevent or enjoin this state, a political

subdivision of this state, or an officer or employee of this state

or a political subdivision of this state from:

(A) enforcing any provision or application of

this chapter; or

(B) hearing, adjudicating, or docketing a civil

action brought under Section 171A.101, 171A.151, or 171A.201.

(b) Subsection (a) does not apply to the extent that

immunity has been abrogated or preempted by federal law in a manner

consistent with the United States Constitution.

(c) Sovereign immunity conferred by this section includes

the constitutional sovereign immunity recognized by the United

States Supreme Court, which applies in both state and federal court

and may not be abrogated by Congress or by a state or federal court

except under legislation authorized by:

(1) Section 5 of the Fourteenth Amendment, United

States Constitution;

(2) the Bankruptcy Clause of Article I, United States

Constitution; or

(3) Congress's powers to raise and support armies and

to provide and maintain a navy.

Sec. 171A.452. APPLICABILITY OF IMMUNITY. Notwithstanding

any other law, the immunity conferred by Section 171A.451 applies

to every court, both state and federal, and in every type of

adjudicative proceeding.

Sec. 171A.453. CONSTRUCTION OF CHAPTER. This chapter may

not be construed to prevent a litigant from asserting the

invalidity or unconstitutionality of a provision or application of

this chapter as a defense to an action, claim, or counterclaim

brought against the litigant.

Sec. 171A.454. WAIVER OF IMMUNITY. (a) Notwithstanding

any other law, a provision of the laws of this state may not be

construed to waive or abrogate an immunity conferred by Section

171A.451 unless it expressly waives or abrogates immunity with

specific reference to that section.

(b) Notwithstanding any other law, an attorney representing

the state, a political subdivision of this state, or an officer or

employee of this state or a political subdivision of this state may

not waive an immunity conferred by Section 171A.451 or take an

action that would result in a waiver of that immunity. A purported

waiver or action described by this subsection is considered void

and an ultra vires act.

Sec. 171A.455. JURISDICTION. Notwithstanding any other

law, a court of this state does not have jurisdiction to consider

and may not award relief under any action, claim, or counterclaim

that:

(1) seeks declaratory or injunctive relief, or any

type of writ, that would pronounce any provision or application of

this subchapter invalid or unconstitutional; or

(2) would restrain a person, including this state, a

political subdivision of this state, or an officer or employee of

this state or a political subdivision of this state, from:

(A) enforcing any provision or application of

this chapter; or

(B) hearing, adjudicating, or docketing a civil

action brought under Section 171A.101, 171A.151, or 171A.201.

Sec. 171A.456. EFFECT OF CONTRARY JUDICIAL ACTIONS. (a)

Notwithstanding any other law, judicial relief issued by a court of

this state that disregards the immunity conferred by Section

171A.451 or the jurisdictional limitation described by Section

171A.455:

(1) is considered void because a court without

jurisdiction issued the relief; and

(2) may not be enforced or obeyed by an officer,

employee, or agent, including a judicial official, of this state or

a political subdivision of this state.

(b) Notwithstanding any other law, a writ, injunction, or

declaratory judgment issued by a court of this state that purports

to restrain a person, including the state, a political subdivision

of this state, or an officer or employee of this state or a

political subdivision of this state, from hearing, adjudicating,

docketing, or filing an action brought under Section 171A.101,

171A.151, or 171A.201:

(1) is considered void and a violation of the Due

Process Clause of the Fourteenth Amendment to the United States

Constitution; and

(2) may not be enforced or obeyed by an officer,

employee, or agent, including a judicial official, of this state or

a political subdivision of this state.

Sec. 171A.457. LIABILITY FOR VIOLATION. (a)

Notwithstanding any other law, a person may bring an action against

an officer, employee, or agent, including a judicial official, of

this state or a political subdivision of this state, who issues,

enforces, or obeys a writ, injunction, or declaratory judgment

described by Subsection (b) if the writ, injunction, or judgment

prevents or delays the person from bringing an action under Section

171A.101, 171A.151, or 171A.201.

(b) A claimant who prevails in an action brought under this

section is entitled to:

(1) injunctive relief;

(2) compensatory damages;

(3) exemplary damages of not less than $100,000; and

(4) costs and reasonable attorney's fees.

(c) Notwithstanding any other law, in an action brought

under this section, a person who violates Section 171A.455 or

171A.456(b):

(1) may not assert and is not entitled to any type of

immunity defense, including sovereign immunity, governmental

immunity, official immunity, or judicial immunity;

(2) may not be indemnified for an award of damages or

costs and attorney's fees entered against the person or for the

costs of the person's legal defense; and

(3) may not receive or obtain legal representation

from the attorney general.

Sec. 171A.458. ACTION TO RECOVER COSTS. (a)

Notwithstanding any other law, a claimant who brings an action

seeking a writ, injunction, or declaratory judgment that would

restrain a person from hearing, adjudicating, docketing, or filing

an action under Section 171A.101, 171A.151, or 171A.201 is liable

to the person for the person's costs and attorney's fees incurred in

connection with the action.

(b) A person entitled to recover costs and attorney's fees

under this section may bring an action in state or federal court.

(c) It is not a defense to an action brought under this

section that:

(1) the claimant failed to seek recovery of costs or

attorney's fees in the underlying action;

(2) the court in the underlying action declined to

recognize or enforce this section; or

(3) the court in the underlying action held that any

provisions of this section are invalid, unconstitutional, or

preempted by federal law, notwithstanding the doctrines of issue or

claim preclusion.

SECTION 4. Section 71.02(a), Penal Code, is amended to read

as follows:

(a) A person commits an offense if, with the intent to

establish, maintain, or participate in a combination or in the

profits of a combination or as a member of a criminal street gang,

the person commits or conspires to commit one or more of the

following:

(1) murder, capital murder, arson, aggravated

robbery, robbery, burglary, theft, aggravated kidnapping,

kidnapping, aggravated assault, aggravated sexual assault, sexual

assault, continuous sexual abuse of young child or disabled

individual, solicitation of a minor, forgery, deadly conduct,

assault punishable as a Class A misdemeanor, burglary of a motor

vehicle, or unauthorized use of a motor vehicle;

(2) any gambling offense punishable as a Class A

misdemeanor;

(3) promotion of prostitution, aggravated promotion

of prostitution, or compelling prostitution;

(4) unlawful manufacture, transportation, repair, or

sale of firearms or prohibited weapons;

(5) unlawful manufacture, delivery, dispensation, or

distribution of a controlled substance or dangerous drug, or

unlawful possession of a controlled substance or dangerous drug

through forgery, fraud, misrepresentation, or deception;

(5-a) causing the unlawful delivery, dispensation, or

distribution of a controlled substance or dangerous drug in

violation of Subtitle B, Title 3, Occupations Code;

(6) any unlawful wholesale promotion or possession of

any obscene material or obscene device with the intent to wholesale

promote the same;

(7) any offense under Subchapter B, Chapter 43,

depicting or involving conduct by or directed toward a child

younger than 18 years of age;

(8) any felony offense under Chapter 32;

(9) any offense under Chapter 36;

(10) any offense under Chapter 34, 35, or 35A;

(11) any offense under Section 37.11(a);

(12) any offense under Chapter 20A;

(13) any offense under Section 37.10;

(14) any offense under Section 38.06, 38.07, 38.09, or

38.11;

(15) any offense under Section 42.10;

(16) any offense under Section 46.06(a)(1) or 46.14;

(17) any offense under Section 20.05 or 20.06;

(18) any offense under Section 16.02; [ or ]

(19) any offense classified as a felony under the Tax

Code ;

(20) a violation of 18 U.S.C. Section 1462(c);

(21) a violation of an abortion law under Chapter 170,

170A, 171, or 171A, Health and Safety Code, or Chapter 6-1/2, Title

71, Revised Statutes; and

(22) an offense under Chapter 28 directed at a church,

a crisis pregnancy center, an adoption agency, or an entity that

offers alternatives to abortion services .

SECTION 5. (a) Mindful of Leavitt v. Jane L. , 518 U.S. 137

(1996), in which in the context of determining the severability of a

state statute regulating abortion the United States Supreme Court

held that an explicit statement of legislative intent is

controlling, it is the intent of the legislature that every

provision, section, subsection, sentence, clause, phrase, or word

in this Act, and every application of the provisions in this Act to

every person, group of persons, or circumstances, are severable

from each other.

(b) If any application of any provision in this Act to any

person, group of persons, or circumstances is found by a court to be

invalid, preempted, or unconstitutional, for any reason

whatsoever, then the remaining applications of that provision to

all other persons and circumstances shall be severed and preserved,

and shall remain in effect. All constitutionally valid

applications of the provisions in this Act shall be severed from any

applications that a court finds to be invalid, preempted, or

unconstitutional, because it is the legislature's intent and

priority that every single valid application of every statutory

provision be allowed to stand alone.

(c) The legislature further declares that it would have

enacted this Act, and each provision, section, subsection,

sentence, clause, phrase, or word, and all constitutional

applications of the provisions of this Act, irrespective of the

fact that any provision, section, subsection, sentence, clause,

phrase, or word, or applications of this Act were to be declared

invalid, preempted, or unconstitutional.

(d) If any provision of this Act is found by any court to be

unconstitutionally vague, then the applications of that provision

that do not present constitutional vagueness problems shall be

severed and remain in force, consistent with the severability

requirements of Subsections (a), (b), and (c) of this section.

(e) No court may decline to enforce the severability

requirements of Subsections (a), (b), (c), and (d) of this section

on the ground that severance would rewrite the statute or involve

the court in legislative or lawmaking activity. A court that

declines to enforce or enjoins a state official from enforcing a

statutory provision is not rewriting a statute or engaging in

legislative or lawmaking activity, as the statute continues to

contain the same words as before the court's decision. A judicial

injunction or declaration of unconstitutionality:

(1) is nothing more than an edict prohibiting

enforcement of the disputed statute against the named parties to

that lawsuit, which may subsequently be vacated by a later court if

that court has a different understanding of the requirements of the

Texas Constitution or United States Constitution;

(2) is not a formal amendment of the language in a

statute; and

(3) no more rewrites a statute than a decision by the

executive not to enforce a duly enacted statute in a limited and

defined set of circumstances.

(f) If any state or federal court disregards any of the

severability requirements in Subsections (a), (b), (c), (d), or (e)

of this section, and declares or finds any provision of this Act

facially invalid, preempted, or unconstitutional, when there are

discrete applications of that provision that can be enforced

against a person, a group of persons, or circumstances without

violating federal law or the United States Constitution or Texas

Constitution, then that provision shall be interpreted, as a matter

of state law, as if the legislature had enacted a provision limited

to the persons, group of persons, or circumstances for which the

provision's application will not violate federal law or the United

States Constitution or Texas Constitution, and every court shall

adopt this saving construction of that provision until the court

ruling that pronounced the provision facially invalid, preempted,

or unconstitutional is vacated or overruled.

SECTION 6. Chapter 171A, Health and Safety Code, as added by

this Act, applies only to a cause of action that accrues on or after

the effective date of this Act.

SECTION 7. Section 71.02, Penal Code, as amended 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.

SECTION 8. This Act takes effect September 1, 2025.