87R1669 SRA-D
 
  By: Swanson H.B. No. 92
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil liability for performing certain abortions;
  providing civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 71.002, Civil Practice and Remedies
  Code, is amended by adding Subsection (f) to read as follows:
         (f)  A person is liable for damages arising from a violation
  of Section 170.002(a), 171.043, 171.044, 171.102, or 171.152,
  Health and Safety Code.
         SECTION 2.  Section 71.004(b), Civil Practice and Remedies
  Code, is amended to read as follows:
         (b)  The surviving spouse, children, and parents of the
  deceased may bring the action or one or more of those individuals
  may bring the action for the benefit of all.  A next friend may bring
  an action for damages under Section 71.002(f).
         SECTION 3.  Chapter 170, Health and Safety Code, is amended
  by adding Section 170.003 to read as follows:
         Sec. 170.003.  CIVIL PENALTY. (a)  A person who violates
  Section 170.002(a) is liable to this state for a civil penalty of
  $30,000 for each violation.
         (b)  The attorney general may sue to collect the penalty.
         (c)  The attorney general shall file an action under this
  section in a district court in Travis County or the county in which
  the violation occurred.
         (d)  The attorney general may recover reasonable expenses
  incurred in obtaining a civil penalty under this section, including
  court costs, attorney's fees, investigative costs, witness fees,
  and deposition expenses.
         SECTION 4.  Subchapter C, Chapter 171, Health and Safety
  Code, is amended by adding Section 171.049 to read as follows:
         Sec. 171.049.  CIVIL PENALTY. (a)  A person who violates
  Section 171.043 or 171.044 is liable to this state for a civil
  penalty of $30,000 for each violation.
         (b)  The attorney general may sue to collect the penalty.
         (c)  The attorney general shall file an action under this
  section in a district court in Travis County or the county in which
  the violation occurred.
         (d)  The attorney general may recover reasonable expenses
  incurred in obtaining a civil penalty under this section, including
  court costs, attorney's fees, investigative costs, witness fees,
  and deposition expenses.
         SECTION 5.  Subchapter F, Chapter 171, Health and Safety
  Code, is amended by adding Section 171.1045 to read as follows:
         Sec. 171.1045.  CIVIL PENALTY. (a)  A person who violates
  Section 171.102 is liable to this state for a civil penalty of
  $30,000 for each violation.
         (b)  The attorney general may sue to collect the penalty.
         (c)  The attorney general shall file an action under this
  section in a district court in Travis County or the county in which
  the violation occurred.
         (d)  The attorney general may recover reasonable expenses
  incurred in obtaining a civil penalty under this section, including
  court costs, attorney's fees, investigative costs, witness fees,
  and deposition expenses.
         SECTION 6.  Subchapter G, Chapter 171, Health and Safety
  Code, is amended by adding Section 171.1535 to read as follows:
         Sec. 171.1535.  CIVIL PENALTY. (a)  A person who violates
  Section 171.152 is liable to this state for a civil penalty of
  $30,000 for each violation.
         (b)  The attorney general may sue to collect the penalty.
         (c)  The attorney general shall file an action under this
  section in a district court in Travis County or the county in which
  the violation occurred.
         (d)  The attorney general may recover reasonable expenses
  incurred in obtaining a civil penalty under this section, including
  court costs, attorney's fees, investigative costs, witness fees,
  and deposition expenses.
         SECTION 7.  The changes in law made by this Act apply only to
  a cause of action that accrues on or after the effective date of
  this Act. A cause of action that accrues before the effective date
  of this Act is governed by the law applicable to the cause of action
  immediately before that date, and that law is continued in effect
  for that purpose.
         SECTION 8.  The changes in law made by this Act apply only to
  an abortion performed, induced, or attempted on or after the
  effective date of this Act. An abortion performed, induced, or
  attempted before the effective date of this Act is governed by the
  law in effect immediately before the effective date of this Act, and
  the former law is continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2021.