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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of pregnancy resource centers as |
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essential businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 10, Government Code, is |
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amended by adding Chapter 2402 to read as follows: |
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CHAPTER 2402. PROTECTION OF PREGNANCY RESOURCE CENTERS |
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Sec. 2402.001. DEFINITIONS. In this chapter: |
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(1) "Disaster" has the meaning assigned by Section |
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418.004. |
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(2) "Governmental entity" has the meaning assigned by |
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Section 2252.001. |
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(3) "Public health disaster" has the meaning assigned |
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by Section 81.003, Health and Safety Code. |
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Sec. 2402.002. ESSENTIAL BUSINESS; PROHIBITED |
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RESTRICTIONS. (a) A pregnancy resource center is considered an |
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essential business at all times in this state, including during a |
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declared state of disaster or public health disaster, and the |
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center's services are considered essential regardless of whether |
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the services are listed as essential or included in a category of |
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services allowed to operate in an order issued under Chapter 418 or |
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Chapter 81, Health and Safety Code. |
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(b) An order issued under Chapter 418 or Chapter 81, Health |
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and Safety Code, may not: |
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(1) prohibit a pregnancy resource center from |
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continuing to operate in the discharge of the center's purpose; or |
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(2) require a pregnancy resource center to close. |
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(c) This section does not prohibit a governmental entity |
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from closing an individual pregnancy resource center in relation to |
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an allegation of criminal activity at the center or a violation of |
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law protecting public health and safety by the center. |
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Sec. 2402.003. RELIEF AVAILABLE. (a) A person may assert |
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an actual or threatened violation of Section 2402.002 as a claim or |
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defense in a judicial or administrative proceeding and obtain: |
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(1) injunctive relief; |
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(2) declaratory relief; and |
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(3) court costs and reasonable attorney's fees. |
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(b) Notwithstanding any other law, a person may commence an |
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action under this section and relief may be granted regardless of |
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whether the person has sought or exhausted available administrative |
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remedies. |
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Sec. 2402.004. IMMUNITY WAIVED. A person who alleges a |
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violation of Section 2402.002 may sue for the relief provided under |
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Section 2402.003. Sovereign or governmental immunity, as |
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applicable, is waived and abolished to the extent of liability for |
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that relief. |
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Sec. 2402.005. ATTORNEY GENERAL ACTION; INTERVENTION IN |
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PROCEEDING. (a) The attorney general may bring an action for |
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injunctive or declaratory relief to enforce compliance with this |
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chapter. |
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(b) This section may not be construed to deny, impair, or |
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otherwise affect any authority of the attorney general or a |
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governmental entity acting under other law to institute or |
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intervene in a proceeding. |
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(c) The attorney general may not recover expenses incurred |
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in bringing, instituting, or intervening in an action under this |
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section. |
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SECTION 2. Chapter 2402, Government Code, as added by this |
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Act, applies only to a cause of action that accrues on or after the |
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effective date of this Act. A cause of action that accrued before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |