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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability and criminal penalties for performing |
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certain abortions; providing civil penalties; creating criminal |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.002, Civil Practice and Remedies |
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Code, is amended by adding Subsection (f) to read as follows: |
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(f) A person is liable for damages arising from a violation |
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of Section 170.002(a), 171.043, 171.044, 171.102, or 171.152, |
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Health and Safety Code. |
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SECTION 2. Section 71.004(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) The surviving spouse, children, and parents of the |
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deceased may bring the action or one or more of those individuals |
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may bring the action for the benefit of all. A next friend may bring |
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an action for damages under Section 71.002(f). |
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SECTION 3. Chapter 170, Health and Safety Code, is amended |
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by adding Sections 170.003 and 170.004 to read as follows: |
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Sec. 170.003. CRIMINAL PENALTY. (a) A person who violates |
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Section 170.002(a) commits an offense. |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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the person has previously been convicted of an offense under this |
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section or under Section 171.049, 171.103, or 171.153. |
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(c) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or |
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the Penal Code, the actor may be prosecuted under this section or |
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under both sections. |
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Sec. 170.004. CIVIL PENALTY. (a) A person who violates |
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Section 170.002(a) is liable to this state for a civil penalty of |
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$30,000 for each violation. |
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(b) The attorney general may sue to collect the penalty. |
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(c) The attorney general shall file an action under this |
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section in a district court in Travis County or the county in which |
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the violation occurred. |
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(d) The attorney general may recover reasonable expenses |
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incurred in obtaining a civil penalty under this section, including |
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court costs, attorney's fees, investigative costs, witness fees, |
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and deposition expenses. |
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SECTION 4. Subchapter C, Chapter 171, Health and Safety |
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Code, is amended by adding Sections 171.049 and 171.050 to read as |
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follows: |
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Sec. 171.049. CRIMINAL PENALTY. (a) A person who violates |
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Section 171.043 or 171.044 commits an offense. |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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the person has previously been convicted of an offense under this |
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section or under Section 170.003, 171.103, or 171.153. |
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(c) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or |
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the Penal Code, the actor may be prosecuted under this section or |
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under both sections. |
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Sec. 171.050. CIVIL PENALTY. (a) A person who violates |
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Section 171.043 or 171.044 is liable to this state for a civil |
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penalty of $30,000 for each violation. |
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(b) The attorney general may sue to collect the penalty. |
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(c) The attorney general shall file an action under this |
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section in a district court in Travis County or the county in which |
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the violation occurred. |
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(d) The attorney general may recover reasonable expenses |
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incurred in obtaining a civil penalty under this section, including |
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court costs, attorney's fees, investigative costs, witness fees, |
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and deposition expenses. |
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SECTION 5. Section 171.103, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.103. CRIMINAL PENALTY. (a) A person who violates |
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Section 171.102 commits an offense. |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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the person has previously been convicted of an offense under this |
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section or under Section 170.003, 171.049, or 171.153 [state jail
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felony]. |
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(c) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or |
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the Penal Code, the actor may be prosecuted under this section or |
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under both sections. |
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SECTION 6. Subchapter F, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.1045 to read as follows: |
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Sec. 171.1045. CIVIL PENALTY. (a) A person who violates |
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Section 171.102 is liable to this state for a civil penalty of |
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$30,000 for each violation. |
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(b) The attorney general may sue to collect the penalty. |
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(c) The attorney general shall file an action under this |
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section in a district court in Travis County or the county in which |
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the violation occurred. |
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(d) The attorney general may recover reasonable expenses |
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incurred in obtaining a civil penalty under this section, including |
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court costs, attorney's fees, investigative costs, witness fees, |
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and deposition expenses. |
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SECTION 7. Section 171.153, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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the person has previously been convicted of an offense under this |
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section or under Section 170.003, 171.049, or 171.103 [state jail
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felony]. |
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(c) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or |
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the Penal Code, the actor may be prosecuted under this section or |
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under both sections. |
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SECTION 8. Subchapter G, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.1535 to read as follows: |
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Sec. 171.1535. CIVIL PENALTY. (a) A person who violates |
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Section 171.152 is liable to this state for a civil penalty of |
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$30,000 for each violation. |
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(b) The attorney general may sue to collect the penalty. |
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(c) The attorney general shall file an action under this |
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section in a district court in Travis County or the county in which |
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the violation occurred. |
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(d) The attorney general may recover reasonable expenses |
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incurred in obtaining a civil penalty under this section, including |
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court costs, attorney's fees, investigative costs, witness fees, |
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and deposition expenses. |
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SECTION 9. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 10. The change in law made by this Act applies only |
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to an abortion performed on or after the effective date of this Act. |
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An abortion performed before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 11. This Act takes effect September 1, 2019. |