88R6630 JG/SCL-F
 
  By: Toth H.B. No. 2690
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to abortion, including civil liability for distribution of
  abortion-inducing drugs and duties of Internet service providers;
  creating a criminal offense; authorizing a private civil right of
  action.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Women and Child
  Safety Act.
         SECTION 2.  The legislature finds that:
               (1)  human life begins at fertilization;
               (2)  abortion is a murderous act of violence that
  purposefully and knowingly terminates a human life in the womb;
               (3)  unborn human beings are entitled to the full and
  equal protection of the laws that prohibit violence against other
  human beings;
               (4)  the United States Supreme Court's ruling in Dobbs
  v. Jackson Women's Health Organization, No. 19-1392 (U.S. June 24,
  2022), correctly overruled the lawless and unconstitutional
  pronouncements in Roe v. Wade, 410 U.S. 113 (1973) and Planned
  Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833 (1992),
  which had invented and perpetuated a supposed constitutional right
  to abortion that cannot be found anywhere in the text of the United
  States Constitution;
               (5)  so-called abortion funds that operate in this
  state have been funding and otherwise aiding or abetting criminal
  abortions performed in violation of the laws of this state,
  exposing themselves and each of their donors to felony criminal
  prosecution;
               (6)  the abortion funds and their donors are not and
  never were protected by an injunction in any abortion-related case
  because they are not parties to those cases, and there has never
  been an injunction that restrains a state official from prosecuting
  abortion funds and their donors who aided or abetted abortions
  performed in violation of the laws of this state;
               (7)  the abortion funds and their donors are not and
  never were protected from criminal prosecution by Roe v. Wade, 410
  U.S. 113 (1973), because:
                     (A)  there is no constitutional right to pay for
  another person's abortion;
                     (B)  abortion funds and their donors lack
  third-party standing to assert the supposed constitutional rights
  of women seeking abortions; and
                     (C)  any immunity from prosecution that the
  abortionist might have enjoyed on account of Roe does not preclude
  the imposition of accomplice liability on abortion funds and their
  donors;
               (8)  it is a federal crime to mail abortion-inducing
  drugs or to receive them in the mail, punishable by five years
  imprisonment, under 18 U.S.C. Section 1461;
               (9)  it is also a federal crime to transport
  abortion-inducing drugs in interstate or foreign commerce under 18
  U.S.C. Section 1462(c);
               (10)  these federal statutes are fully enforceable now
  that Roe has been overruled, and the statute of limitations for each
  of these crimes is five years;
               (11)  violations of 18 U.S.C. Sections 1461-1462 are
  predicate offenses under the federal Racketeer Influenced and
  Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), which
  exposes distribution networks of abortion-inducing drugs and their
  donors to civil racketeering liability as well as criminal
  prosecution as a racketeering enterprise under federal law;
               (12)  the legislature calls on the attorney general and
  each district attorney in this state to investigate and prosecute
  abortion funds and each of their donors for aiding or abetting
  criminal abortion in this state in violation of the laws of this
  state; and
               (13)  the legislature calls on state and federal
  prosecutors in this state to investigate and prosecute every
  distribution network for abortion-inducing drugs under federal
  racketeering laws as well as 18 U.S.C. Sections 1461-1462.
         SECTION 3.  Subtitle H, Title 2, Health and Safety Code, is
  amended by adding Chapter 171A to read as follows:
  CHAPTER 171A. ABORTION-INDUCING DRUGS AND FACILITATION OF
  ABORTION; ENFORCEMENT OF ABORTION LAWS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 171A.001.  DEFINITIONS. In this chapter:
               (1)  "Abortion" means the act of using, prescribing,
  administering, procuring, or selling an instrument, medicine,
  drug, or any other substance, device, or means with the purpose to
  terminate a pregnancy of a woman, with knowledge that the
  termination by any of those means will with reasonable likelihood
  cause the death of a living human being in the womb. The term does
  not include:
                     (A)  in vitro fertilization or fertility
  treatments of any type;
                     (B)  the use, prescription, administration,
  procuring, or selling of an emergency contraceptive, including Plan
  B and morning-after pills, intrauterine devices, or any other type
  of contraceptive; or
                     (C)  an act performed with the purpose to:
                           (i)  save the life or preserve the health of
  the unborn child;
                           (ii)  remove a dead unborn child caused by
  spontaneous abortion; or
                           (iii)  remove or treat an ectopic pregnancy.
               (2)  "Abortion-inducing drug" means a drug or
  medication, including mifepristone and misoprostol, that is used to
  terminate the life of an unborn child. The term does not include:
                     (A)  an emergency contraceptive, including Plan B
  and morning-after pills, intrauterine devices, or any other type of
  contraceptive; or
                     (B)  drugs or medications that are possessed or
  distributed for a purpose that does not include the termination of a
  pregnancy, including for the treatment of an unrelated medical
  condition.
               (3)  "Abortion funds" means a corporation,
  organization, government, governmental agency, business trust,
  estate, trust, partnership, association, or any other legal entity
  that:
                     (A)  exists for the purpose of aiding or abetting
  elective abortions; and
                     (B)  pays for, reimburses, or subsidizes in any
  way the costs associated with obtaining an elective abortion.
               (4)  "Abortion provider" means a person who performs
  elective abortions.
               (5)  "Elective abortion" means an abortion other than
  those performed or induced in response to a medical emergency.
               (6)  "Fertilization" means the fusion of a human
  spermatozoon with a human ovum.
               (7)  "Governmental entity" means this state, a state
  agency, or a political subdivision of this state.
               (8)  "Human being" means an individual member of the
  species homo sapiens at any state of development beginning at
  fertilization.
               (9)  "Information content provider" means a person who
  is responsible, wholly or partly, for the creation or development
  of information provided through the Internet or any other
  interactive computer service.
               (10)  "Interactive computer service" means an
  information service, system, or access software provider that
  provides or enables computer access by multiple users to a computer
  server, including specifically a service or system that provides
  access to the Internet and such systems operated or services
  offered by libraries or educational institutions.
               (11)  "Medical emergency" means a condition in which an
  abortion is necessary to preserve the life of a pregnant woman whose
  life is endangered by a physical disorder, physical illness, or
  physical injury, including a life-endangering physical condition
  caused by or arising from the pregnancy itself.
               (12)  "Unborn child" means an individual organism of
  the species homo sapiens in any stage of gestation from
  fertilization until live birth.
               (13)  "Woman" means an individual whose biological sex
  is female, including an individual with XX chromosomes and an
  individual with a uterus, regardless of any gender identity that
  the individual attempts to assert or claim.
  SUBCHAPTER B. PROTECTION FROM ABORTION-INDUCING DRUGS
         Sec. 171A.051.  PROHIBITIONS RELATED TO ABORTION-INDUCING
  DRUGS. (a) Except as provided by Subsection (b), a person may not:
               (1)  manufacture, possess, or distribute an
  abortion-inducing drug in this state;
               (2)  mail, transport, deliver, or provide an
  abortion-inducing drug in any manner to or from any person or
  location in this state;
               (3)  provide information on how to obtain an
  abortion-inducing drug;
               (4)  create, edit, upload, publish, host, maintain, or
  register a domain name for an Internet website, platform, or other
  interactive computer service that assists or facilitates a person's
  effort in obtaining an abortion-inducing drug;
               (5)  create, edit, program, or distribute any
  application or software for use on a computer or an electronic
  device that is intended to enable individuals to obtain an
  abortion-inducing drug or to facilitate an individual's access to
  an abortion-inducing drug; or
               (6)  engage in conduct that would make a person
  criminally responsible under Chapter 7, Penal Code, as a party to a
  criminal act described by Subdivision (1) or (2).
         (b)  Notwithstanding any other law, Subsection (a) does not
  prohibit:
               (1)  speech or conduct protected by the First Amendment
  of the United States Constitution, as made applicable to the states
  through the United States Supreme Court's interpretation of the
  Fourteenth Amendment of the United States Constitution or protected
  by Section 8, Article I, Texas Constitution;
               (2)  conduct this state is prohibited from regulating
  under federal law, including the United States Constitution;
               (3)  conduct engaged in by a pregnant woman who aborts
  or attempts to abort the woman's unborn child;
               (4)  possessing, distributing, mailing, transporting,
  delivering, or providing an abortion-inducing drug for a purpose
  that does not include performing, inducing, or attempting an
  abortion;
               (5)  possessing an abortion-inducing drug for purposes
  of entrapping a person that violates this section;
               (6)  conduct engaged in by a person as directed by a
  federal agency, contractor, or employee to carry out a duty under
  federal law, if prohibiting that conduct would violate the
  doctrines of preemption or intergovernmental immunity; or
               (7)  conduct described by Section 171A.201(a)(1), (2),
  or (3).
  SUBCHAPTER C. CIVIL LIABILITY FOR DISTRIBUTION OF
  ABORTION-INDUCING DRUGS
         Sec. 171A.101.  CIVIL ACTION FOR DISTRIBUTION OF
  ABORTION-INDUCING DRUGS. (a) Notwithstanding any other law and
  except as provided by this section, a person who manufactures,
  distributes, mails, transports, delivers, or provides an
  abortion-inducing drug in violation of Section 171A.051 or who aids
  or abets the manufacture, distribution, mailing, transportation,
  delivery, or provision of an abortion-inducing drug in violation of
  Section 171A.051, or who otherwise engages in any conduct
  prohibited by Section 171A.051 is strictly and jointly and
  severally liable for:
               (1)  the wrongful death of an unborn child or pregnant
  woman from the use of the abortion-inducing drug; and
               (2)  personal injury of an unborn child or pregnant
  woman from the use of the abortion-inducing drug.
         (b)  A claimant may not bring an action under this section if
  the action is preempted by 47 U.S.C. Section 230(c).
         (c)  Notwithstanding any other law, a civil action may not be
  brought under this section:
               (1)  against the woman who used or sought to obtain
  abortion-inducing drugs to abort or attempt to abort her unborn
  child;
               (2)  against a person that acted at the behest of a
  federal agency, contractor, or employee who is carrying out duties
  under federal law if the imposition of liability would violate the
  doctrines of preemption or intergovernmental immunity; or
               (3)  by any person who impregnated the woman who used
  abortion-inducing drugs through conduct constituting an offense
  under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code,
  or by another person who acts in concert or participation with that
  person.
         (d)  Notwithstanding any other law, including rules of civil
  procedure adopted under Chapter 26, Civil Practice and Remedies
  Code, an action brought under this section may not be litigated on
  behalf of a claimant class or a defendant class, and no court may
  certify a class in the action.
         Sec. 171A.102.  DEFENSES. (a) It is an affirmative defense
  to an action brought under Section 171A.101 that the defendant:
               (1)  was unaware that the defendant was engaged in the
  conduct described by Section 171A.101(a); and
               (2)  took every reasonable precaution to ensure that
  the defendant would not manufacture, distribute, mail, transport,
  deliver, provide, or aid or abet the manufacture, distribution,
  mail, transportation, delivery, or provision of abortion-inducing
  drugs.
         (b)  A defendant has the burden of proving an affirmative
  defense under Subsection (a) by a preponderance of the evidence.
         (c)  Notwithstanding any other law, the following are not a
  defense to an action brought under this section:
               (1)  ignorance or mistake of law;
               (2)  a defendant's belief that the requirements or
  provisions of this chapter are unconstitutional or were
  unconstitutional; 
               (3)  a defendant's reliance on a court decision that has
  been vacated, reversed, or overruled on appeal or by a subsequent
  court, even if that court decision had not been vacated, reversed,
  or overruled when the cause of action accrued;
               (4)  a defendant's reliance on a state or federal court
  decision that is not binding on the court in which the action has
  been brought;
               (5)  a defendant's reliance on a federal statute,
  agency rule or action, or treaty that has been repealed,
  superseded, or declared invalid or unconstitutional, even if that
  federal statute, agency rule or action, or treaty had not been
  repealed, superseded, or declared invalid or unconstitutional when
  the cause of action accrued;
               (6)  non-mutual issue preclusion or non-mutual claim
  preclusion;
               (7)  the consent of the claimant or the unborn child's
  mother to the abortion;
               (8)  contributory or comparative negligence;
               (9)  assumption of risk; or
               (10)  a claim that the enforcement of this chapter or
  the imposition of civil liability against the defendant will
  violate the constitutional rights of third parties.
         Sec. 171A.103.  APPORTIONED LIABILITY. Notwithstanding any
  other law, if a claimant who brings an action under Section 171A.101
  is unable to identify the specific manufacturer of the
  abortion-inducing drug that caused the death or injury that is the
  basis for the action, the liability is apportioned among all
  manufacturers of abortion-inducing drugs in proportion to each
  manufacturer's share of the market for abortion-inducing drugs.
         Sec. 171A.104.  STATUTE OF LIMITATIONS. Notwithstanding any
  other law, a person may bring an action under Section 171A.101 not
  later than the sixth anniversary of the date the cause of action
  accrues.
         Sec. 171A.105.  WAIVER PROHIBITED. A waiver or purported
  waiver of the right to bring an action under Section 171A.101 is
  void as against public policy and is not enforceable in any court.
         Sec. 171A.106.  CONSTRUCTION OF SUBCHAPTER. This subchapter
  may not be construed to impose liability on speech or conduct
  protected by the First Amendment of the United States Constitution,
  as made applicable to the states through the United States Supreme
  Court's interpretation of the Fourteenth Amendment of the United
  States Constitution or protected by Section 8, Article I, Texas
  Constitution.
         Sec. 171A.107.  JURISDICTION; APPLICABILITY OF STATE LAW.
  (a) Notwithstanding any other law, including Subchapter C, Chapter
  17, Civil Practice and Remedies Code, the courts of this state have
  personal jurisdiction over a defendant sued under Section 171A.101
  to the maximum extent permitted by the Fourteenth Amendment to the
  United States Constitution.
         (b)  Notwithstanding any other law, the law of this state
  applies to the use of an abortion-inducing drug by a resident of
  this state, regardless of where the use of the drug occurs, and to
  an action brought under Section 171A.101 to the maximum extent
  permitted by the United States Constitution.
         (c)  Chapters 27 and 110, Civil Practice and Remedies Code,
  do not apply to an action brought under Section 171A.101.
  SUBCHAPTER D. PRIVATE CIVIL ENFORCEMENT OF PROHIBITIONS RELATING
  TO ABORTION-INDUCING DRUGS
         Sec. 171A.151.  CIVIL ACTION AUTHORIZED. (a) Except as
  provided by this section, a person, other than this state, a
  political subdivision of this state, and an officer or employee of
  this state or a political subdivision of this state, has standing to
  bring and may bring a civil action against a person who:
               (1)  violates Section 171A.051; or
               (2)  intends to violate Section 171A.051.
         (b)  A claimant may not bring an action under this section if
  the action is preempted by 47 U.S.C. Section 230(c).
         (c)  Notwithstanding any other law, a civil action may not be
  brought under this section:
               (1)  against the woman who used or sought to obtain
  abortion-inducing drugs to abort or attempt to abort her unborn
  child;
               (2)  against a person that acted at the behest of a
  federal agency, contractor, or employee who is carrying out duties
  under federal law if the imposition of liability would violate the
  doctrines of preemption or intergovernmental immunity; or
               (3)  by any person who impregnated the woman who used
  or sought to obtain abortion-inducing drugs through conduct
  constituting an offense under Section 21.02, 21.11, 22.011, 22.021,
  or 25.02, Penal Code, or by another person who acts in concert or
  participation with that person.
         (d)  Notwithstanding any other law, including rules of civil
  procedure adopted under Chapter 26, Civil Practice and Remedies
  Code, an action brought under this section may not be litigated on
  behalf of a claimant class or a defendant class, and no court may
  certify a class in the action.
         Sec. 171A.152.  DEFENSES. (a) It is an affirmative defense
  to an action brought under Section 171A.151 that the defendant:
               (1)  was unaware that the defendant was engaged in the
  conduct prohibited by Section 171A.051; and
               (2)  took every reasonable precaution to ensure that
  the defendant would not violate Section 171A.051.
         (b)  A defendant has the burden of proving an affirmative
  defense under Subsection (a) by a preponderance of the evidence.
         (c)  Notwithstanding any other law, the following are not a
  defense to an action brought under this section:
               (1)  ignorance or mistake of law;
               (2)  a defendant's belief that the requirements or
  provisions of this chapter are unconstitutional or were
  unconstitutional;
               (3)  a defendant's reliance on a court decision that has
  been vacated, reversed, or overruled on appeal or by a subsequent
  court, even if that court decision had not been vacated, reversed,
  or overruled when the cause of action accrued;
               (4)  a defendant's reliance on a state or federal court
  decision that is not binding on the court in which the action has
  been brought;
               (5)  a defendant's reliance on a federal statute,
  agency rule or action, or treaty that has been repealed,
  superseded, or declared invalid or unconstitutional, even if that
  federal statute, agency rule or action, or treaty had not been
  repealed, superseded, or declared invalid or unconstitutional when
  the cause of action accrued;
               (6)  non-mutual issue preclusion or non-mutual claim
  preclusion;
               (7)  the consent of the claimant or the unborn child's
  mother to the abortion;
               (8)  contributory or comparative negligence;
               (9)  assumption of risk; or
               (10)  a claim that the enforcement of this chapter or
  the imposition of civil liability against the defendant will
  violate the constitutional rights of third parties.
         Sec. 171A.153.  STATUTE OF LIMITATIONS. Notwithstanding any
  other law, a person may bring an action under Section 171A.151 not
  later than the sixth anniversary of the date the cause of action
  accrues.
         Sec. 171A.154.  REMEDIES. (a) Except as provided by
  Subsection (c), if a claimant prevails in an action brought under
  Section 171A.151, the court shall award:
               (1)  injunctive relief sufficient to prevent the
  defendant from violating Section 171A.051;
               (2)  nominal damages or compensatory damages if the
  claimant has suffered injury or harm from the defendant's conduct,
  including loss of consortium and emotional distress;
               (3)  statutory damages in an amount of not less than
  $10,000 for each violation of Section 171A.051; and
               (4)  costs and reasonable attorney's fees.
         (b)  A court may not award relief under Subsection (a)(3) or
  (a)(4) in response to a violation of Section 171A.051 if the
  defendant demonstrates that a court has already ordered the
  defendant to pay the full amount of statutory damages under
  Subsection (a)(3) in another action for that particular violation.
         (c)  A court may not award costs or attorney's fees to a
  defendant against whom an action is brought under Section 171A.151.
         Sec. 171A.155.  CONSTRUCTION OF SUBCHAPTER. This subchapter
  may not be construed to impose liability on speech or conduct
  protected by the First Amendment of the United States Constitution,
  as made applicable to the states through the United States Supreme
  Court's interpretation of the Fourteenth Amendment of the United
  States Constitution or protected by Section 8, Article I, Texas
  Constitution.
         Sec. 171A.156.  PUBLIC ENFORCEMENT PROHIBITED. (a)
  Notwithstanding any other law, this state, a political subdivision
  of this state, or an officer or employee of this state or a
  political subdivision of this state may not:
               (1)  act in concert or participation with a claimant
  bringing an action under Section 171A.151;
               (2)  establish or attempt to establish any type of
  agency or fiduciary relationship with a claimant bringing an action
  under Section 171A.151;
               (3)  make any attempt to control or influence a person's
  decision to bring an action under Section 171A.151 or that person's
  conduct of the litigation; or
               (4)  intervene in an action brought under Section
  171A.151.
         (b)  This section does not prohibit a governmental entity or
  officer or employee of a governmental entity from filing an amicus
  curiae brief in an action brought under Section 171A.151 if the
  entity, officer, or employee does not act in concert or
  participation with the claimant.
         Sec. 171A.157.  JURISDICTION; APPLICABILITY OF STATE LAW.
  (a) Notwithstanding any other law, including Subchapter C, Chapter
  17, Civil Practice and Remedies Code, the courts of this state have
  personal jurisdiction over a defendant sued under Section 171A.151
  to the maximum extent permitted by the Fourteenth Amendment to the
  United States Constitution.
         (b)  Notwithstanding any other law, the law of this state
  applies to an action brought under Section 171A.151 to the maximum
  extent permitted by the United States Constitution.
         (c)  Chapters 27 and 110, Civil Practice and Remedies Code,
  do not apply to an action brought under Section 171A.151.
  SUBCHAPTER E. PRIVATE CIVIL ENFORCEMENT AGAINST INTERACTIVE
  COMPUTER SERVICES FACILITATING ABORTION
         Sec. 171A.201.  CIVIL ACTION AGAINST INTERACTIVE COMPUTER
  SERVICE PROVIDER. (a) A person, other than this state, a political
  subdivision of this state, and an officer or employee of this state
  or a political subdivision of this state, has standing to bring and
  may bring a civil action against a person who provides or maintains:
               (1)  an interactive computer service that allows
  residents of this state to access information or material that
  assists or facilitates efforts to obtain elective abortions or
  abortion-inducing drugs;
               (2)  a platform for downloading any application or
  software for use on a computer or electronic device that is designed
  to assist or facilitate efforts to obtain elective abortions or
  abortion-inducing drugs; or
               (3)  a platform that allows or enables those who
  provide or aid or abet elective abortions, or those who
  manufacture, distribute, mail, transport, deliver, or provide
  abortion-inducing drugs, to collect money, digital currency,
  resources, or any other thing of value in connection with that
  conduct.
         (b)  Notwithstanding any other law, including rules of civil
  procedure adopted under Chapter 26, Civil Practice and Remedies
  Code, an action brought under this section may not be litigated on
  behalf of a claimant class or a defendant class, and no court may
  certify a class in the action.
         Sec. 171A.202.  DEFENSES. (a) It is an affirmative defense
  to an action brought under Section 171A.201 that the defendant:
               (1)  was unaware that the defendant's interactive
  computer service or platform was being used to assist or facilitate
  efforts to obtain elective abortions or abortion-inducing drugs;
  and
               (2)  on learning that the defendant's interactive
  computer service or platform was being used to assist or facilitate
  efforts to obtain elective abortions or abortion-inducing drugs,
  took prompt action to:
                     (A)  block access to any information, material,
  application, or software that assists or facilitates efforts to
  obtain elective abortions or abortion-inducing drugs; and 
                     (B)  block those who provide or aid or abet
  elective abortions and those who manufacture, distribute, mail,
  transport, deliver, or provide abortion-inducing drugs, from
  collecting money, digital currency, resources, or any other thing
  of value through its interactive computer service or platform.
         (b)  A defendant has the burden of proving an affirmative
  defense under Subsection (a) by a preponderance of the evidence.
         Sec. 171A.203.  REMEDIES. (a) Except as provided by
  Subsection (b), if a claimant prevails in an action brought under
  Section 171A.201, the court shall award only declaratory or
  injunctive relief. A court may not award:
               (1)  damages in the action, even if the claimant
  demonstrates harm from the defendant's conduct; or
               (2)  a prevailing claimant's attorney's fees or costs.
         (b)  A court may not award relief under Subsection (a) if the
  action was brought in response to:
               (1)  the exercise of a constitutional right that
  belongs personally to the defendant;
               (2)  conduct engaged in at the direction of a federal
  agency, contractor, or employee who is carrying out a duty under
  federal law, if the relief authorized by Subsection (a) would
  violate the doctrines of preemption or intergovernmental immunity;
  or
               (3)  conduct engaged in by a woman who aborted or
  attempted to abort her unborn child, if that woman is the named
  defendant in the action.
         Sec. 171A.204.  RELATION TO OTHER INFORMATION CONTENT
  PROVIDERS. A person who engages in conduct described by Section
  171A.201(a)(1), (2), or (3) may not be:
               (1)  held vicariously liable for nominal, statutory, or
  compensatory damages incurred by another information content
  provider;
               (2)  held liable or legally responsible for the conduct
  of a publisher or speaker of any information provided by another
  information content provider; or
               (3)  treated as the speaker or publisher of any
  information provided by another information content provider under
  any provision of the laws of this state.
         Sec. 171A.205.  EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW.
  (a) Notwithstanding any other law, conduct described by Section
  171A.201(1), (2), or (3) is not subject to criminal, civil, or
  administrative liability except solely through the private civil
  action described by Section 171A.201. This state, a political
  subdivision of this state, or an officer or employee of this state
  or a political subdivision of this state may not take a direct or
  indirect enforcement action under this subchapter against any
  person, by any means.
         (b)  Except as provided by Subsection (c), a person may not
  use conduct described by Section 171A.201(1), (2), or (3) as a
  justification for the enforcement of any other law or any type of
  adverse consequence under any other law except as provided by
  Section 171A.201.
         (c)  This section does not preclude or limit the enforcement
  of any other law or regulation against conduct that is
  independently prohibited by that other law or regulation.
         Sec. 171A.206.  PUBLIC ENFORCEMENT PROHIBITED. (a)
  Notwithstanding any other law, this state, a political subdivision
  of this state, or an officer or employee of this state or a
  political subdivision of this state may not:
               (1)  act in concert or participation with a claimant
  bringing an action under Section 171A.201;
               (2)  establish or attempt to establish any type of
  agency or fiduciary relationship with a claimant bringing an action
  under Section 171A.201;
               (3)  make any attempt to control or influence a person's
  decision to bring an action under Section 171A.201 or that person's
  conduct of the litigation; or
               (4)  intervene in an action brought under Section
  171A.201.
         (b)  This section does not prohibit a governmental entity or
  officer or employee of a governmental entity from filing an amicus
  curiae brief in an action brought under Section 171A.201 if the
  entity, officer, or employee does not act in concert or
  participation with the claimant.
         Sec. 171A.207.  JURISDICTION; APPLICABILITY OF STATE LAW.
  (a) Notwithstanding any other law, including Subchapter C, Chapter
  17, Civil Practice and Remedies Code, the courts of this state have
  personal jurisdiction over a defendant sued under Section 171A.201
  to the maximum extent permitted by the Fourteenth Amendment to the
  United States Constitution.
         (b)  Notwithstanding any other law, the law of this state
  applies to an action brought under Section 171A.201 to the maximum
  extent permitted by the United States Constitution.
         (c)  Chapters 27 and 110, Civil Practice and Remedies Code,
  do not apply to an action brought under Section 171A.151.
         Sec. 171A.208.  INTERACTIVE COMPUTER SERVICE USER OR
  PROVIDER IMMUNITY FOR CERTAIN ACTIONS. Notwithstanding any other
  law, a provider or user of an interactive computer service has
  absolute and nonwaivable immunity from liability or suit for:
               (1)  an action taken to restrict access to or
  availability of information or material that assists or facilitates
  access to elective abortions or abortion-inducing drugs,
  regardless of whether the information or material is
  constitutionally protected;
               (2)  an action taken to enable or make available to
  information content providers or others the technical means to
  restrict access to information or material described by Subdivision
  (1); or
               (3)  a denial of service to persons who provide or aid
  or abet elective abortions or who manufacture, mail, distribute,
  transport, or provide abortion-inducing drugs.
  SUBCHAPTER F. PROVISIONS GENERALLY APPLICABLE TO CIVIL LIABILITY
  FOR FACILITATING ABORTION
         Sec. 171A.251.  AFFIRMATIVE DEFENSE. (a) A defendant
  against whom an action is brought under Section 171A.101, 171A.151,
  or 171A.201 may assert an affirmative defense to liability under
  this section if:
               (1)  the imposition of civil liability on the defendant
  will violate constitutional or federally protected rights that
  belong to the defendant personally; or
               (2)  the defendant:
                     (A)  has standing to assert the rights of a third
  party under the tests for third-party standing established by the
  United States Supreme Court; and
                     (B)  demonstrates that the imposition of civil
  liability on the defendant will violate constitutional or federally
  protected rights belonging to a third party.
         (b)  The defendant has the burden of proving an affirmative
  defense described by Subsection (a) by a preponderance of the
  evidence.
         Sec. 171A.252.  CONSTRUCTION OF CHAPTER WITH RESPECT TO
  CIVIL LIABILITY AND ENFORCEMENT. This chapter may not be construed
  to limit or preclude a defendant from asserting the
  unconstitutionality of any provision or application of the laws of
  this state as a defense to liability under Section 171A.101,
  171A.151, or 171A.201 or from asserting any other defense that
  might be available under any other source of law.
         Sec. 171A.253.  APPLICATION OF OTHER LAW. Notwithstanding
  any other law, a court may not apply the law of another state or
  jurisdiction to any civil action brought under Section 171A.101,
  171A.151, or 171A.201 unless Article VI of the United States
  Constitution compels it to do so.
         Sec. 171A.254.  VENUE. (a) Notwithstanding any other law, a
  civil action brought under Section 171A.101, 171A.151, or 171A.201
  must be brought in:
               (1)  the county in which all or a substantial part of
  the events or omissions giving rise to the claim occurred;
               (2)  the county of a defendant's residence at the time
  the cause of action accrued if a defendant is an individual;
               (3)  the county of the principal office in this state of
  a defendant that is not an individual; or
               (4)  the county of the claimant's residence if the
  claimant is an individual residing in this state.
         (b)  If a civil action is brought under Section 171A.101,
  171A.151, or 171A.201 in a venue described by Subsection (a), the
  action may not be transferred to a different venue without the
  written consent of all parties.
         Sec. 171A.255.  PROTECTION FROM COUNTER ACTIONS. If an
  action brought against a person or liability imposed in a judgment
  entered against a person is wholly or partly based on the person's
  decision to bring or threat to bring an action under Section
  171A.101, 171A.151, or 171A.201, the person may recover damages
  from the claimant who brought the action or obtained the judgment or
  who has sought to enforce the judgment. The damages include:
               (1)  compensatory damages created by the action or
  judgment, including money damages in an amount of the judgment and
  costs, expenses, and reasonable attorney's fees spent in defending
  the action;
               (2)  costs, expenses, and reasonable attorney's fees
  incurred in bringing an action under this section; and
               (3)  additional statutory damages in an amount of not
  less than $100,000.
  SUBCHAPTER G. INTERNET SERVICE PROVIDER DUTIES
         Sec. 171A.301.  RESTRICTIONS ON ACCESS TO CERTAIN
  INFORMATION AND MATERIALS ACCESSIBLE THROUGH CERTAIN INTERNET
  WEBSITES. Each Internet service provider that provides Internet
  services in this state shall make every reasonable and
  technologically feasible effort to block Internet access to
  information or material intended to assist or facilitate efforts to
  obtain an elective abortion or an abortion-inducing drug, including
  information or material accessible through:
               (1)  the following Internet websites:
                     (A)  aidaccess.org;
                     (B)  heyjane.co;
                     (C)  plancpills.org;
                     (D)  mychoix.co;
                     (E)  justthepill.com; and
                     (F)  carafem.org;
               (2)  an Internet website, platform, or other
  interactive computer service operated by or on behalf of an
  abortion provider or abortion fund;
               (3)  an Internet website, platform, or other
  interactive computer service for downloading any application or
  software for use on a computer or electronic device that is designed
  to assist or facilitate efforts to obtain an elective abortion or an
  abortion-inducing drug; or
               (4)  an Internet website, platform, or other
  interactive computer service that allows or enables those who
  provide or aid or abet elective abortions, or those who
  manufacture, mail, distribute, transport, or provide
  abortion-inducing drugs, to collect money, digital currency,
  resources, or any other thing of value.
         Sec. 171A.302.  NOTIFICATION TO INTERNET SERVICE PROVIDER.
  A person who becomes aware that information or material described
  by Section 171A.301 is accessible through an Internet service
  provider that provides Internet services in this state may notify
  the provider and request that the provider block access to the
  information or material in accordance with that section. A person
  may provide the notification by:
               (1)  calling the provider's customer support number and
  providing a precise description and location of the information or
  material; or
               (2)  mailing a letter to the provider that includes a
  precise description and location of the information or material.
         Sec. 171A.303.  PUBLIC ENFORCEMENT PROHIBITED. (a)
  Notwithstanding any other law, direct or indirect enforcement of
  this subchapter may not be taken or threatened by this state or a
  political subdivision of this state, or by any officer, employee,
  or agent of this state or a political subdivision of this state, by
  any means.
         (b)  This state, a political subdivision of this state, or an
  officer, employee, or agent of this state or a political
  subdivision of this state may request or encourage an Internet
  service provider to comply with the requirements of this
  subchapter.
         Sec. 171A.304.  LIABILITY; RECOVERY OF DAMAGES. (a)
  Notwithstanding any other law, an Internet service provider that
  provides Internet services in this state has absolute and
  nonwaivable immunity from liability or suit for:
               (1)  an action taken to comply with the requirements of
  this subchapter, or to restrict access to or availability of the
  information or material described by Section 171A.301;
               (2)  an action taken to enable or make available to
  information content providers or others the technical means to
  restrict access to information or material described by Section
  171A.301; or
               (3)  a denial of service to persons who use or seek to
  use the Internet to make available information or material
  described by Section 171A.301.
         (b)  An Internet service provider against whom an action is
  brought or a judgment is entered in state or federal court that is
  wholly or partly based on the provider's compliance with the
  requirements of this subchapter may recover damages from a claimant
  that brought the action or obtained the judgment or who has sought
  to enforce the judgment. The damages include:
               (1)  compensatory damages created by the action or
  judgment, including money damages in an amount of the judgment, and
  expenses and reasonable attorney's fees spent in defending the
  action;
               (2)  costs, expenses, and reasonable attorney's fees
  incurred in bringing an action under this section; and
               (3)  additional statutory damages in an amount of not
  less than $100,000.
  SUBCHAPTER H. CRIMINAL OFFENSES
         Sec. 171A.351.  OFFENSE: PAYING OR REIMBURSING ABORTION
  COSTS. (a) A person that knowingly pays for or reimburses the
  costs associated with obtaining an elective abortion performed on a
  pregnant woman commits an offense. An offense under this
  subsection is a felony of the second degree, except that the offense
  is a felony of the first degree if an unborn child dies as a result
  of the offense.
         (b)  The prohibition under Subsection (a) applies regardless
  of:
               (1)  the individual on whom the elective abortion is
  performed;
               (2)  the location at which the elective abortion is
  performed;
               (3)  the law of the jurisdiction in which the elective
  abortion is performed; and
               (4)  whether the payment or reimbursement is provided
  directly or through an intermediary.
         (c)  The prohibition under Subsection (a) does not apply to a
  pregnant woman on whom an elective abortion is performed or
  attempted.
         (d)  The prohibition under Subsection (a) applies
  extraterritorially to the maximum extent permitted by the United
  States Constitution or the Texas Constitution.
         Sec. 171A.352.  OFFENSE: DESTROYING EVIDENCE OF ABORTION.
  (a) A person commits an offense if the person knowingly or
  recklessly conceals, destroys, or spoliates evidence of an elective
  abortion performed or attempted:
               (1)  in this state; or
               (2)  on a resident of this state, regardless of whether
  the person knew or should have known that the elective abortion was
  performed or attempted on the resident.
         (b)  An offense under Subsection (a) is a felony of the
  second degree, except that the offense is a felony of the first
  degree if an unborn child dies as a result of the offense.
         (c)  The prohibition under Subsection (a) does not apply to a
  pregnant woman on whom an elective abortion is performed or
  attempted.
         (d)  The prohibition under Subsection (a) applies
  extraterritorially to the maximum extent permitted by the United
  States Constitution or the Texas Constitution.
  SUBCHAPTER I. PROVISIONS RELATING TO ENFORCEMENT OF ABORTION LAWS
         Sec. 171A.401.  DEFINITION. In this subchapter, "abortion
  law" means any law of this state regulating abortion, including
  this chapter and Chapter 6-1/2, Title 71, Revised Statutes.
         Sec. 171A.402.  STATUTE OF LIMITATIONS. Notwithstanding any
  other law, there is no applicable statute of limitations for an
  offense committed under an abortion law.
         Sec. 171A.403.  CONCURRENT JURISDICTION OF ATTORNEY
  GENERAL. Notwithstanding any other law, the attorney general has
  concurrent jurisdiction to prosecute any abortion law and may
  authorize a district attorney to investigate or prosecute a
  violation of an abortion law if a local district attorney fails or
  refuses to investigate or prosecute the violation.
         Sec. 171A.404.  ATTORNEY GENERAL ACTION FOR VIOLATION OF
  CERTAIN ABORTION LAWS. (a) The attorney general has parens patriae
  standing to bring an action under this section on behalf of unborn
  children of residents of this state.
         (b)  The attorney general may bring an action for damages or
  injunctive relief on behalf of an unborn child of a resident of this
  state against a person who violates any abortion law of this state
  except for Subchapter H, Chapter 171, or Subchapter B, C, or E of
  this chapter.
         Sec. 171A.405.  FEE SHIFTING. (a) Notwithstanding any
  other law, a person, including an entity, attorney, or law firm, who
  brings an action seeking declaratory or injunctive relief to
  prevent a person, including this state, a political subdivision of
  this state, or an officer, employee, or agent of this state or a
  political subdivision of this state, from enforcing or bringing an
  action to enforce a law, including a statute, ordinance, rule, or
  regulation, that regulates or restricts abortion or that limits
  taxpayer funding for persons that perform or promote abortions in a
  state or federal court or who represents a litigant seeking such
  relief in a state or federal court is jointly and severally liable
  to pay the costs and reasonable attorney's fees of the prevailing
  party in the action seeking declaratory or injunctive relief.
         (b)  For purposes of this section, a party is considered a
  prevailing party if a state or federal court:
               (1)  dismisses a claim or cause of action brought
  against the party that seeks the declaratory or injunctive relief
  described by Subsection (a), regardless of the reason for the
  dismissal; or
               (2)  enters judgment in the party's favor on that claim
  or cause of action.
         (c)  A prevailing party may recover costs and reasonable
  attorney's fees under this section only to the extent that those
  costs and attorney's fees were incurred while defending claims or
  causes of action on which the party prevailed.
         (d)  Regardless of whether a prevailing party sought to
  recover costs or attorney's fees in the underlying action, a
  prevailing party under this section may bring a civil action to
  recover costs and attorney's fees against a person, including an
  entity, attorney, or law firm, who sought declaratory or injunctive
  relief described by Subsection (a) not later than the third
  anniversary of the date on which, as applicable:
               (1)  the dismissal or judgment described by Subsection
  (b) becomes final on the conclusion of appellate review; or
               (2)  the time for seeking appellate review expires.
         (e)  It is not a defense to an action brought under
  Subsection (d) that:
               (1)  a prevailing party under this section failed to
  seek recovery of costs or attorney's fees in the underlying action;
               (2)  the court in the underlying action declined to
  recognize or enforce this section; or
               (3)  the court in the underlying action held that any
  provisions of this section are invalid, unconstitutional, or
  preempted by federal law, notwithstanding the doctrines of issue or
  claim preclusion.
  SUBCHAPTER J. IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION
         Sec. 171A.451.  SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
  IMMUNITY. (a) Except as provided by Subsection (b) but
  notwithstanding any other law, the state has sovereign immunity, a
  political subdivision of this state has governmental immunity, and
  an officer or employee of this state or a political subdivision of
  this state has official immunity in an action, claim, counterclaim,
  or any other type of legal or equitable action that:
               (1)  challenges the validity of any provision or
  application of this chapter, on constitutional grounds or
  otherwise; or
               (2)  seeks to prevent or enjoin this state, a political
  subdivision of this state, or an officer or employee of this state
  or a political subdivision of this state from:
                     (A)  enforcing any provision or application of
  this chapter; or
                     (B)  hearing, adjudicating, or docketing a civil
  action brought under Section 171A.101, 171A.151, or 171A.201.
         (b)  Subsection (a) does not apply to the extent that
  immunity has been abrogated or preempted by federal law in a manner
  consistent with the United States Constitution.
         (c)  Sovereign immunity conferred by this section includes
  the constitutional sovereign immunity recognized by the United
  States Supreme Court, which applies in both state and federal court
  and may not be abrogated by Congress or by a state or federal court
  except under legislation authorized by:
               (1)  Section 5 of the Fourteenth Amendment, United
  States Constitution;
               (2)  the Bankruptcy Clause of Article I, United States
  Constitution; or
               (3)  Congress's powers to raise and support armies and
  to provide and maintain a navy.
         Sec. 171A.452.  APPLICABILITY OF IMMUNITY. Notwithstanding
  any other law, the immunity conferred by Section 171A.451 applies
  to every court, both state and federal, and in every type of
  adjudicative proceeding.
         Sec. 171A.453.  CONSTRUCTION OF CHAPTER. This chapter may
  not be construed to prevent a litigant from asserting the
  invalidity or unconstitutionality of a provision or application of
  this chapter as a defense to an action, claim, or counterclaim
  brought against the litigant.
         Sec. 171A.454.  WAIVER OF IMMUNITY. (a) Notwithstanding
  any other law, a provision of the laws of this state may not be
  construed to waive or abrogate an immunity conferred by Section
  171A.451 unless it expressly waives or abrogates immunity with
  specific reference to that section.
         (b)  Notwithstanding any other law, an attorney representing
  the state, a political subdivision of this state, or an officer or
  employee of this state or a political subdivision of this state may
  not waive an immunity conferred by Section 171A.451 or take an
  action that would result in a waiver of that immunity. A purported
  waiver or action described by this subsection is considered void
  and an ultra vires act.
         Sec. 171A.455.  JURISDICTION. Notwithstanding any other
  law, a court of this state does not have jurisdiction to consider
  and may not award relief under any action, claim, or counterclaim
  that:
               (1)  seeks declaratory or injunctive relief, or any
  type of writ, that would pronounce any provision or application of
  this subchapter invalid or unconstitutional; or
               (2)  would restrain a person, including this state, a
  political subdivision of this state, or an officer or employee of
  this state or a political subdivision of this state, from:
                     (A)  enforcing any provision or application of
  this chapter; or
                     (B)  hearing, adjudicating, or docketing a civil
  action brought under Section 171A.101, 171A.151, or 171A.201.
         Sec. 171A.456.  EFFECT OF CONTRARY JUDICIAL ACTIONS. (a)
  Notwithstanding any other law, judicial relief issued by a court of
  this state that disregards the immunity conferred by Section
  171A.451 or the jurisdictional limitation described by Section
  171A.455:
               (1)  is considered void because a court without
  jurisdiction issued the relief; and
               (2)  may not be enforced or obeyed by an officer,
  employee, or agent, including a judicial official, of this state or
  a political subdivision of this state.
         (b)  Notwithstanding any other law, a writ, injunction, or
  declaratory judgment issued by a court of this state that purports
  to restrain a person, including the state, a political subdivision
  of this state, or an officer or employee of this state or a
  political subdivision of this state, from hearing, adjudicating,
  docketing, or filing an action brought under Section 171A.101,
  171A.151, or 171A.201:
               (1)  is considered void and a violation of the Due
  Process Clause of the Fourteenth Amendment to the United States
  Constitution; and
               (2)  may not be enforced or obeyed by an officer,
  employee, or agent, including a judicial official, of this state or
  a political subdivision of this state.
         Sec. 171A.457.  LIABILITY FOR VIOLATION. (a)
  Notwithstanding any other law, a person may bring an action against
  an officer, employee, or agent, including a judicial official, of
  this state or a political subdivision of this state, who issues,
  enforces, or obeys a writ, injunction, or declaratory judgment
  described by Subsection (b) if the writ, injunction, or judgment
  prevents or delays the person from bringing an action under Section
  171A.101, 171A.151, or 171A.201.
         (b)  A claimant who prevails in an action brought under this
  section is entitled to:
               (1)  injunctive relief;
               (2)  compensatory damages;
               (3)  exemplary damages of not less than $100,000; and
               (4)  costs and reasonable attorney's fees.
         (c)  Notwithstanding any other law, in an action brought
  under this section, a person who violates Section 171A.455 or
  171A.456(b):
               (1)  may not assert and is not entitled to any type of
  immunity defense, including sovereign immunity, governmental
  immunity, official immunity, or judicial immunity;
               (2)  may not be indemnified for an award of damages or
  costs and attorney's fees entered against the person or for the
  costs of the person's legal defense; and
               (3)  may not receive or obtain legal representation
  from the attorney general.
         Sec. 171A.458.  ACTION TO RECOVER COSTS. (a)
  Notwithstanding any other law, a claimant who brings an action
  seeking a writ, injunction, or declaratory judgment that would
  restrain a person from hearing, adjudicating, docketing, or filing
  an action under Section 171A.101, 171A.151, or 171A.201 is liable
  to the person for the person's costs and attorney's fees incurred in
  connection with the action.
         (b)  A person entitled to recover costs and attorney's fees
  under this section may bring an action in state or federal court.
         (c)  It is not a defense to an action brought under this
  section that:
               (1)  the claimant failed to seek recovery of costs or
  attorney's fees in the underlying action;
               (2)  the court in the underlying action declined to
  recognize or enforce this section; or
               (3)  the court in the underlying action held that any
  provisions of this section are invalid, unconstitutional, or
  preempted by federal law, notwithstanding the doctrines of issue or
  claim preclusion.
         SECTION 4.  Section 71.02(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if, with the intent to
  establish, maintain, or participate in a combination or in the
  profits of a combination or as a member of a criminal street gang,
  the person commits or conspires to commit one or more of the
  following:
               (1)  murder, capital murder, arson, aggravated
  robbery, robbery, burglary, theft, aggravated kidnapping,
  kidnapping, aggravated assault, aggravated sexual assault, sexual
  assault, continuous sexual abuse of young child or disabled
  individual, solicitation of a minor, forgery, deadly conduct,
  assault punishable as a Class A misdemeanor, burglary of a motor
  vehicle, or unauthorized use of a motor vehicle;
               (2)  any gambling offense punishable as a Class A
  misdemeanor;
               (3)  promotion of prostitution, aggravated promotion
  of prostitution, or compelling prostitution;
               (4)  unlawful manufacture, transportation, repair, or
  sale of firearms or prohibited weapons;
               (5)  unlawful manufacture, delivery, dispensation, or
  distribution of a controlled substance or dangerous drug, or
  unlawful possession of a controlled substance or dangerous drug
  through forgery, fraud, misrepresentation, or deception;
               (5-a) causing the unlawful delivery, dispensation, or
  distribution of a controlled substance or dangerous drug in
  violation of Subtitle B, Title 3, Occupations Code;
               (6)  any unlawful wholesale promotion or possession of
  any obscene material or obscene device with the intent to wholesale
  promote the same;
               (7)  any offense under Subchapter B, Chapter 43,
  depicting or involving conduct by or directed toward a child
  younger than 18 years of age;
               (8)  any felony offense under Chapter 32;
               (9)  any offense under Chapter 36;
               (10)  any offense under Chapter 34, 35, or 35A;
               (11)  any offense under Section 37.11(a);
               (12)  any offense under Chapter 20A;
               (13)  any offense under Section 37.10;
               (14)  any offense under Section 38.06, 38.07, 38.09, or
  38.11;
               (15)  any offense under Section 42.10;
               (16)  any offense under Section 46.06(a)(1) or 46.14;
               (17)  any offense under Section 20.05 or 20.06;
               (18)  any offense under Section 16.02; [or]
               (19)  any offense classified as a felony under the Tax
  Code;
               (20)  a violation of 18 U.S.C. Section 1462(c);
               (21)  a violation of an abortion law under Chapter 170,
  170A, 171, or 171A, Health and Safety Code, or Chapter 6-1/2, Title
  71, Revised Statutes; and
               (22)  an offense under Chapter 28 directed at a church,
  a crisis pregnancy center, an adoption agency, or an entity that
  offers alternatives to abortion services.
         SECTION 5.  (a)  Mindful of Leavitt v. Jane L., 518 U.S. 137
  (1996), in which in the context of determining the severability of a
  state statute regulating abortion the United States Supreme Court
  held that an explicit statement of legislative intent is
  controlling, it is the intent of the legislature that every
  provision, section, subsection, sentence, clause, phrase, or word
  in this Act, and every application of the provisions in this Act to
  every person, group of persons, or circumstances, are severable
  from each other.
         (b)  If any application of any provision in this Act to any
  person, group of persons, or circumstances is found by a court to be
  invalid, preempted, or unconstitutional, for any reason
  whatsoever, then the remaining applications of that provision to
  all other persons and circumstances shall be severed and preserved,
  and shall remain in effect. All constitutionally valid
  applications of the provisions in this Act shall be severed from any
  applications that a court finds to be invalid, preempted, or
  unconstitutional, because it is the legislature's intent and
  priority that every single valid application of every statutory
  provision be allowed to stand alone.
         (c)  The legislature further declares that it would have
  enacted this Act, and each provision, section, subsection,
  sentence, clause, phrase, or word, and all constitutional
  applications of the provisions of this Act, irrespective of the
  fact that any provision, section, subsection, sentence, clause,
  phrase, or word, or applications of this Act were to be declared
  invalid, preempted, or unconstitutional.
         (d)  If any provision of this Act is found by any court to be
  unconstitutionally vague, then the applications of that provision
  that do not present constitutional vagueness problems shall be
  severed and remain in force, consistent with the severability
  requirements of Subsections (a), (b), and (c) of this section.
         (e)  No court may decline to enforce the severability
  requirements of Subsections (a), (b), (c), and (d) of this section
  on the ground that severance would rewrite the statute or involve
  the court in legislative or lawmaking activity. A court that
  declines to enforce or enjoins a state official from enforcing a
  statutory provision is not rewriting a statute or engaging in
  legislative or lawmaking activity, as the statute continues to
  contain the same words as before the court's decision. A judicial
  injunction or declaration of unconstitutionality:
               (1)  is nothing more than an edict prohibiting
  enforcement of the disputed statute against the named parties to
  that lawsuit, which may subsequently be vacated by a later court if
  that court has a different understanding of the requirements of the
  Texas Constitution or United States Constitution;
               (2)  is not a formal amendment of the language in a
  statute; and
               (3)  no more rewrites a statute than a decision by the
  executive not to enforce a duly enacted statute in a limited and
  defined set of circumstances.
         (f)  If any state or federal court disregards any of the
  severability requirements in Subsections (a), (b), (c), (d), or (e)
  of this section, and declares or finds any provision of this Act
  facially invalid, preempted, or unconstitutional, when there are
  discrete applications of that provision that can be enforced
  against a person, a group of persons, or circumstances without
  violating federal law or the United States Constitution or Texas
  Constitution, then that provision shall be interpreted, as a matter
  of state law, as if the legislature had enacted a provision limited
  to the persons, group of persons, or circumstances for which the
  provision's application will not violate federal law or the United
  States Constitution or Texas Constitution, and every court shall
  adopt this saving construction of that provision until the court
  ruling that pronounced the provision facially invalid, preempted,
  or unconstitutional is vacated or overruled.
         SECTION 6.  Chapter 171A, Health and Safety Code, as added by
  this Act, applies only to a cause of action that accrues on or after
  the effective date of this Act.
         SECTION 7.  Section 71.02, Penal Code, as amended by this
  Act, applies only to an offense committed on or after the effective
  date of this Act.  An offense committed before the effective date of
  this Act is governed by the law in effect on the date the offense was
  committed, and the former law is continued in effect for that
  purpose.  For purposes of this section, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         SECTION 8.  This Act takes effect September 1, 2023.