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A BILL TO BE ENTITLED
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AN ACT
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relating to a restriction on a company's facilitation of an |
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employee's travel to obtain an abortion outside of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.009 to read as follows: |
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Sec. 171.009. RESTRICTION ON COMPANY'S FACILITATION OF |
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TRAVEL TO OBTAIN ABORTION OUTSIDE THIS STATE. (a) In this section, |
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"governing person" has the meaning assigned by Section 1.002, |
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Business Organizations Code. |
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(b) A governing person of a company doing business in this |
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state who facilitates travel of an employee of the company outside |
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of this state to obtain an abortion is considered in breach of the |
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person's fiduciary duty to the company. |
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(c) The company, the company's shareholders, or another |
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aggrieved person may bring any action or derivative action |
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available under the laws of this state against the governing person |
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for breach of the fiduciary duty described by Subsection (b). |
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(d) The business judgment rule is not a defense to liability |
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in an action brought under this section. |
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SECTION 2. Section 171.009, Health and Safety Code, as |
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added by this Act, applies only to conduct that occurs on or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |