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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of abortion-inducing drugs, including the |
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enforcement of and exceptions to laws regulating the provision of |
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abortion-inducing drugs; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 171.061, Health and Safety Code, is |
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amended by amending Subdivision (8-a) and adding Subdivision (8-b) |
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to read as follows: |
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(8-a) "Provide" means, as used with regard to |
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abortion-inducing drugs, any act of giving, selling, dispensing, |
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administering, transferring possession, or otherwise providing or |
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prescribing an abortion-inducing drug. The term does not include |
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an activity described by Section 171.2011(b). |
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(8-b) "Supplier of an abortion-inducing drug" means a |
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person engaged in the business of providing abortion-inducing drugs |
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to patients for the purpose of obtaining an abortion. |
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SECTION 2. Section 171.063, Health and Safety Code, is |
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amended by amending Subsections (a), (b-1), and (c) and adding |
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Subsection (b-2) to read as follows: |
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(a) A person may not knowingly provide an abortion-inducing |
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drug to a pregnant woman for the purpose of inducing an abortion in |
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the pregnant woman or enabling another person to induce an abortion |
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in the pregnant woman unless: |
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(1) the person who provides the abortion-inducing drug |
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is a physician; and |
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(2) the provision of the abortion-inducing drug is in |
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response to a medical emergency [satisfies the protocol authorized |
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by this subchapter]. |
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(b-1) A manufacturer, supplier of an abortion-inducing |
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drug, physician, or any other person may not provide to a patient |
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any abortion-inducing drug by courier, delivery by a common or |
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contract carrier, or mail service. |
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(b-2) It is an exception to the application of Subsection |
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(b-1) that: |
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(1) the person providing the abortion-inducing drug |
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is: |
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(A) a physician; |
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(B) a health facility licensed under Subtitle B, |
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Title 4; or |
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(C) a pharmacy or pharmacist licensed under |
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Subtitle J, Title 3, Occupations Code; and |
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(2) the provision of the abortion-inducing drug: |
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(A) constitutes an activity described by Section |
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171.2011(b); |
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(B) is in response to a medical emergency; or |
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(C) is for a medical reason other than to |
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attempt, induce, or perform an abortion. |
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(c) Before the physician provides an abortion-inducing |
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drug, the physician must: |
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(1) examine the pregnant woman in person; and |
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(2) independently verify that a pregnancy exists, |
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including a pregnancy located outside the uterus [; |
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[(3) document, in the woman's medical record, the |
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gestational age and location of the pregnancy to determine whether |
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an ectopic pregnancy exists as defined by Section 245.002(4-a); |
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[(4) determine the pregnant woman's blood type, and |
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for a woman who is Rh negative, offer to administer Rh |
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immunoglobulin (RhoGAM) at the time the abortion-inducing drug is |
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administered or used or the abortion is performed or induced to |
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prevent Rh incompatibility, complications, or miscarriage in |
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future pregnancies; |
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[(5) document whether the pregnant woman received |
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treatment for Rh negativity, as diagnosed by the most accurate |
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standard of medical care; and |
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[(6) ensure the physician does not provide an |
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abortion-inducing drug for a pregnant woman whose pregnancy is more |
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than 49 days of gestational age]. |
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SECTION 3. Subchapter D, Chapter 171, Health and Safety |
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Code, is amended by adding Sections 171.0651, 171.0652, 171.067, |
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171.068, 171.069, and 171.070 to read as follows: |
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Sec. 171.0651. CERTAIN ACTIVITIES NOT SUBJECT TO |
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PROSECUTION. A person is not subject to prosecution as a party |
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under Sections 7.01 and 7.02, Penal Code, or for organized criminal |
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activity under Chapter 71, Penal Code, for any underlying conduct |
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that is an activity described by Section 171.2011. |
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Sec. 171.0652. PROSECUTION BY ATTORNEY GENERAL. |
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Notwithstanding any other law, the attorney general has |
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jurisdiction to prosecute and may represent the state in the |
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prosecution of an offense under Section 171.065 that is based on a |
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violation of Section 171.063(b-1). |
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Sec. 171.067. CIVIL PENALTY; INJUNCTION. (a) Except as |
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provided by Section 171.069, the attorney general may bring a civil |
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action against a person who violates Section 171.063(b-1) to enjoin |
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the violation or recover a civil penalty. |
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(b) A district court located in a county of proper venue |
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under Chapter 15, Civil Practice and Remedies Code, has |
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jurisdiction over a civil action brought under this section if any |
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element of the alleged violation occurred in this state. |
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(c) If the trier of fact finds that a defendant against whom |
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an action is brought under this section violated Section |
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171.063(b-1), the court shall impose a civil penalty of not less |
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than $100,000 for each violation. |
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Sec. 171.068. QUI TAM ACTION FOR CERTAIN PROHIBITED |
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ACTIVITIES. (a) A person may bring a civil action against a person |
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who violates Section 171.063(b-1) in the name of the person and of |
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this state to enjoin the violation and recover statutory damages in |
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the amount of $100,000 per violation. |
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(b) A person may not bring an action under this section |
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later than the second anniversary of the date the alleged violation |
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of Section 171.063(b-1) occurred. |
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(c) Except as provided by this subchapter, a civil action |
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brought under this section is subject to the same procedures and |
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requirements applicable to a civil action brought under Subchapter |
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C, Chapter 36, Human Resources Code, including any provision of |
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that subchapter authorizing the attorney general to intervene and |
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resolve an action a person brings under that subchapter. |
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Sec. 171.069. PROCEDURES FOR CIVIL ACTIONS. (a) A person |
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may not bring a civil action under this subchapter against a woman |
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who: |
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(1) aborts or attempts to abort her unborn child; or |
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(2) uses, obtains, or seeks to obtain an |
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abortion-inducing drug to abort or attempt to abort her unborn |
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child. |
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(b) The courts of this state have personal jurisdiction over |
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a defendant against whom an action is brought under this subchapter |
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to the maximum extent permitted by the Fourteenth Amendment to the |
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United States Constitution and the defendant may be served outside |
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this state. |
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(c) If the attorney general prevails in an action brought |
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under Section 171.067 or in which the attorney general intervened |
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under Section 171.068, the attorney general is entitled to recover |
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reasonable and necessary attorney's fees, expenses, and court |
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costs. |
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Sec. 171.070. REMEDIES CUMULATIVE. A civil or criminal |
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action authorized by this subchapter is in addition to any other |
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civil or criminal action provided by this subchapter. |
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SECTION 4. Sections 171.063(d), (e), and (f), Health and |
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Safety Code, are repealed. |
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SECTION 5. 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. |
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SECTION 6. Except as otherwise provided by this Act, the |
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changes in law made by this Act apply only to conduct engaged in on |
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or after the effective date of this Act. Conduct engaged in before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, conduct |
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was engaged in before the effective date of this Act if any element |
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of the conduct occurred before that date. |
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SECTION 7. (a) Notwithstanding any other law, the Texas |
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Supreme Court has exclusive and original jurisdiction over a |
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challenge to the constitutionality of this Act or any part of this |
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Act and may issue injunctive or declaratory relief in connection |
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with the challenge. |
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(b) A person has standing to challenge the |
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constitutionality of this Act if the person: |
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(1) is a manufacturer, supplier of an |
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abortion-inducing drug, distributor, or other person who provides |
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abortion-inducing drugs, as defined by Section 171.061, Health and |
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Safety Code, for use in this state; and |
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(2) has contacts sufficient to subject the person to |
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personal jurisdiction in a civil action brought in a court of this |
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state, without regard to whether those contacts involve conduct on |
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which a civil action may be based as provided by this Act. |
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(c) Section 22.001(d), Government Code, applies to an |
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action challenging the constitutionality of this Act. |
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(d) Chapter 27, Civil Practice and Remedies Code, does not |
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apply to an action challenging the constitutionality of this Act. |
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(e) The Texas Supreme Court shall render a final judgment in |
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an action challenging the constitutionality of this Act not later |
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than the 180th day after the date the action is filed. |
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SECTION 8. This Act takes effect December 1, 2025. |