88R6129 MLH-D
 
  By: Springer S.B. No. 1440
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the processing of certain credit card transactions;
  creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 5, Business & Commerce Code, is
  amended by adding Chapter 121 to read as follows:
  CHAPTER 121. PROCESSING OF CERTAIN CREDIT CARD TRANSACTIONS
         Sec. 121.001.  DEFINITIONS. In this chapter:
               (1)  "Abortion-inducing drug" means a drug, a medicine,
  or any other substance, including a regimen of two or more drugs,
  medicines, or substances, prescribed, dispensed, or administered
  with the intent of terminating a clinically diagnosable pregnancy
  of a woman and with knowledge that the termination will, with
  reasonable likelihood, cause the death of the woman's unborn child.  
  The term includes off-label use of drugs, medicines, or other
  substances known to have abortion-inducing properties that are
  prescribed, dispensed, or administered with the intent of causing
  an abortion, including the Mifeprex regimen, misoprostol
  (Cytotec), mifepristone, and methotrexate.  The term does not
  include a drug, medicine, or other substance that may be known to
  cause an abortion but is prescribed, dispensed, or administered for
  other medical reasons.
               (2)  "Credit card issuer" has the meaning assigned by
  Section 505.001.
         Sec. 121.002.  PROHIBITED TRANSACTIONS. A credit card
  issuer may not process a transaction for the provision of an
  abortion-inducing drug by courier, delivery, or mail service.
         Sec. 121.003.  CRIMINAL OFFENSE. (a)  A credit card issuer
  that intentionally, knowingly, or recklessly violates this chapter
  commits an offense. An offense under this subsection is a state jail
  felony.
         (b)  A pregnant woman on whom a drug-induced abortion is
  attempted, induced, or performed in violation of Section 171.063,
  Health and Safety Code, is not criminally liable for the violation.
         Sec. 121.004.  CIVIL ACTION. (a)  A person may bring a civil
  action against a credit card issuer that violates this chapter.
         (b)  Notwithstanding Sections 41.003 and 41.004, Civil
  Practice and Remedies Code, a person who prevails in an action under
  this section is entitled to recover:
               (1)  treble damages;
               (2)  court costs; and
               (3)  attorney's fees.
         Sec. 121.005.  CONSTRUCTION OF CHAPTER. (a) This chapter
  shall be construed, as a matter of state law, to be enforceable up
  to but no further than the maximum possible extent consistent with
  federal constitutional requirements, even if that construction is
  not readily apparent, as such constructions are authorized only to
  the extent necessary to save the chapter from judicial
  invalidation.  Judicial reformation of statutory language is
  explicitly authorized only to the extent necessary to save the
  statutory provision from invalidity.
         (b)  If any court determines that a provision of this chapter
  is unconstitutionally vague, the court shall interpret the
  provision, as a matter of state law, to avoid the vagueness problem
  and shall enforce the provision to the maximum possible extent.  If
  a federal court finds any provision of this chapter or its
  application to any person, group of persons, or circumstances to be
  unconstitutionally vague and declines to impose the saving
  construction described by this subsection, the Supreme Court of
  Texas shall provide an authoritative construction of the
  objectionable statutory provisions that avoids the constitutional
  problems while enforcing the statute's restrictions to the maximum
  possible extent and shall agree to answer any question certified
  from a federal appellate court regarding the statute.
         (c)  A state executive or administrative official may not
  decline to enforce this chapter, or adopt a construction of this
  chapter in a way that narrows its applicability, based on the
  official's own beliefs about what the state or federal constitution
  requires, unless the official is enjoined by a state or federal
  court from enforcing this chapter.
         (d)  This chapter may not be construed to authorize the
  prosecution of or a cause of action to be brought against a woman on
  whom an abortion is performed or induced or attempted to be
  performed or induced in violation of Section 171.063, Health and
  Safety Code.
         Sec. 121.006.  ENFORCEMENT OF CHAPTER. A state executive or
  administrative official may not decline to enforce this chapter, or
  adopt a construction of this chapter in a way that narrows its
  applicability, based on the official's own beliefs on the
  requirements of the state or federal constitution, unless the
  official is enjoined by a state or federal court from enforcing this
  chapter.
         SECTION 2.  This Act takes effect September 1, 2023.