|
|
|
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 |
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immunity defense, including sovereign immunity, governmental |
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immunity, official immunity, or judicial immunity; |
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(2) may not be indemnified for an award of damages or |
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costs and attorney's fees entered against the person or for the |
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costs of the person's legal defense; and |
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(3) may not receive or obtain legal representation |
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from the attorney general. |
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Sec. 171A.458. ACTION TO RECOVER COSTS. (a) |
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Notwithstanding any other law, a claimant who brings an action |
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seeking a writ, injunction, or declaratory judgment that would |
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restrain a person from hearing, adjudicating, docketing, or filing |
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an action under Section 171A.101, 171A.151, or 171A.201 is liable |
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to the person for the person's costs and attorney's fees incurred in |
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connection with the action. |
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(b) A person entitled to recover costs and attorney's fees |
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under this section may bring an action in state or federal court. |
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(c) It is not a defense to an action brought under this |
|
section that: |
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(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. |
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SECTION 4. Section 71.02(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with the intent to |
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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] |
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(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, 2023. |