88R10301 JG-D
 
  By: Tinderholt H.B. No. 2813
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a restriction on a company's facilitation of an
  employee's travel to obtain an abortion outside of this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 171, Health and Safety
  Code, is amended by adding Section 171.009 to read as follows:
         Sec. 171.009.  RESTRICTION ON COMPANY'S FACILITATION OF
  TRAVEL TO OBTAIN ABORTION OUTSIDE THIS STATE.  (a)  In this section,
  "governing person" has the meaning assigned by Section 1.002,
  Business Organizations Code.
         (b)  A governing person of a company doing business in this
  state who facilitates travel of an employee of the company outside
  of this state to obtain an abortion is considered in breach of the
  person's fiduciary duty to the company.
         (c)  The company, the company's shareholders, or another
  aggrieved person may bring any action or derivative action
  available under the laws of this state against the governing person
  for breach of the fiduciary duty described by Subsection (b).
         (d)  The business judgment rule is not a defense to liability
  in an action brought under this section.
         SECTION 2.  Section 171.009, Health and Safety Code, as
  added by this Act, applies only to conduct that occurs on or after
  the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.