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A BILL TO BE ENTITLED
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AN ACT
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relating to the validity and enforcement of laws restricting or |
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regulating abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 110, Civil Practice and Remedies Code, |
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is amended by adding Section 110.013 to read as follows: |
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Sec. 110.013. LAWS REGULATING OR RESTRICTING ABORTION NOT |
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AFFECTED. Notwithstanding any other law, nothing in this chapter |
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may be construed to limit in any way the validity or enforcement of |
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any law regulating or restricting abortion or any law that |
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withholds taxpayer funds from entities that perform or promote |
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abortions. |
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SECTION 2. Section 110.005(c), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(c) An action under this section must be brought in a state |
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or federal district court. |
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SECTION 3. Section 110.008, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 110.008. SOVEREIGN IMMUNITY WAIVED. (a) Subject to |
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Section 110.006 and except as provided by Subsection (b), sovereign |
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immunity to suit and from liability is waived and abolished in state |
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and federal court to the extent of liability created by Section |
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110.005, and no immunity defense may be invoked to prevent a |
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claimant from suing [may sue] a government agency for damages |
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allowed by that section, or from suing a government officer for |
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declaratory and injunctive relief allowed by Section 110.005, |
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notwithstanding any other law. |
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(b) Notwithstanding Subsection (a), this chapter does not |
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waive or abolish sovereign immunity to suit and from liability |
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under the Eleventh Amendment to the United States Constitution, |
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which prohibits the citizens of another state or the citizens or |
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subjects of a foreign state from suing this state or any arm of this |
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state in federal court. |
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SECTION 4. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 5. This Act takes effect September 1, 2023. |