By: Zwiener H.B. No. 5422

A BILL TO BE ENTITLED

AN ACT

relating to civil liability for a violation of or for aiding or abetting a violation of fetal heartbeat abortion laws.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 171.208, Health and Safety Code, is amended by amending Subsections (a), (b), (d), (f), and (j) and adding Subsections (a-1), (a-2), (e-1), and (g-1), to read as follows:

(a) Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who:

(1) performs or induces an abortion in violation of this subchapter;

(2) except as provided by Subsections (a-1) and (j), knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise, [if the abortion is performed or induced] in violation of this subchapter[, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter]; or

(3) except as provided by Subsections (a-1) and (j), intends to engage in the conduct described by Subdivision (1) or (2).

(a-1) Conduct subject to liability under Subsection (a)(2) or (a)(3) is limited to conduct intended to facilitate a violation of this subchapter. General speech, counseling, emotional support, or nonfinancial assistance is not considered aiding or abetting under this section.

(a-2) To recover in an action brought under Subsection (a)(2) or (a)(3) for aiding or abetting or intending to aid or abet a violation of this subchapter, a claimant must prove by clear and convincing evidence that the defendant acted with actual knowledge of the violation or potential violation and with the specific intent to facilitate the violation.

(b) If a claimant prevails in an action brought under this section, the court shall award:

(1) injunctive relief sufficient to prevent the defendant from violating this subchapter or engaging in acts that aid or abet violations of this subchapter;

(2) statutory damages in an amount of not less than $10,000 for each abortion that the defendant performed or induced in violation of this subchapter, and for each abortion performed or induced in violation of this subchapter that the defendant aided or abetted, calculated based on actual harm caused by the defendant's conduct; and

(3) costs and attorney's fees.

(d) Notwithstanding Chapter 16, Civil Practice and Remedies Code, or any other law, a person may bring an action under this section not later than the second [fourth] anniversary of the date the cause of action accrues.

(e-1) A defendant in an action brought under this section may raise any defense or constitutional challenge available under state or federal law, including reliance on court decisions effective at the time the conduct that is the subject of the action occurred. This section does not preclude the application of binding judicial precedent or the assertion of constitutional rights.

(f) It is a [an affirmative] defense if:

(1) a person sued under Subsection (a)(2) reasonably believed, after conducting a reasonable investigation or relying on a licensed physician's written assurance, that the physician performing or inducing the abortion had complied or would comply with this subchapter; or

(2) a person sued under Subsection (a)(3) reasonably believed, after conducting a reasonable investigation, or for an alleged intent to aid or abet a violation relying on a licensed physician's written assurance, that the physician performing or inducing the abortion will comply with this subchapter.

(g-1) This section does not apply to any speech, counseling, or advocacy protected by the First Amendment to the United States Constitution, as interpreted by the United States Supreme Court or by Section 8, Article I, Texas Constitution, including:

(1) the provision of information about legally available abortion services;

(2) discussion or promotion of reproductive health care options; and

(3) engagement in public protest or commentary regarding abortion laws.

(j) Notwithstanding any other law, a civil action under this section may not be brought:

(1) by a person who impregnated the abortion patient through an act of rape, sexual assault, incest, or any other act prohibited by Sections 22.011, 22.021, or 25.02, Penal Code; or

(2) against an individual who provided support, assistance, or counseling to a survivor of an act described by Subdivision (1) in connection with an abortion.

SECTION 2. Section 171.208(e), Health and Safety Code, is repealed.

SECTION 3. Section 171.208, Health and Safety Code, as amended by this Act, applies only to an action filed on or after the effective date of this Act. An action filed before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.