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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for performing certain abortions; |
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providing civil penalties. |
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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 Section 170.003 to read as follows: |
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Sec. 170.003. 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 Section 171.049 to read as follows: |
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Sec. 171.049. 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. 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 6. 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 7. The changes in law made by this Act apply only to |
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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 8. The changes in law made by this Act apply only to |
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an abortion performed, induced, or attempted on or after the |
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effective date of this Act. An abortion performed, induced, or |
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attempted before the effective date of this Act is governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2021. |