89R11900 JG-F

By: Hughes S.B. No. 2880

A BILL TO BE ENTITLED

AN ACT

relating to abortion, including civil liability for distribution of abortion-inducing drugs, and to the destruction of certain property; making conforming changes and harmonizing conforming provisions; creating criminal offenses; 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 Protection Act.

SECTION 2. 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" has the meaning assigned by Section 245.002.

(2) "Abortion assistance organization" means a person that procures or facilitates the procurement of an elective abortion by:

(A) offering or providing money to pay for, reimburse, insure, or offset the costs of an abortion or any costs incurred in or associated with obtaining an elective abortion, regardless of where the abortion is performed;

(B) paying for, reimbursing, insuring, planning, or executing plans for travel accommodations, including transportation, meals, or lodging, with the intent of facilitating the procurement of an elective abortion, regardless of where the abortion is performed;

(C) offering, providing, or paying for any type of service or logistical support, including child care or abortion doula services, with the intent of facilitating the procurement of an elective abortion, regardless of where the abortion is performed; or

(D) collecting or distributing abortion-inducing drugs to provide easier access to the drugs.

(3) "Abortion-inducing drug" has the meaning assigned by Section 171.061.

(4) "Abortion provider" means a person that performs elective abortions.

(5) "Elective abortion" means an abortion performed or induced by a licensed physician that is not performed or induced in response to a medical emergency.

(6) "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.

(7) "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 providing access to the Internet and such systems operated or services offered by libraries or educational institutions. The term does not include:

(A) an Internet service provider or the provider's affiliates or subsidiaries;

(B) a search engine; or

(C) a cloud service provider that solely provides access or connection to or from an Internet website or other information or content on the Internet or on a facility, system, or network that is not under the provider's control, including transmission, downloading, intermediate storage, access software, or other services.

(8) "Medical emergency" has the meaning assigned by Section 171.002.

Sec. 171A.002. CONSTRUCTION OF CHAPTER RELATED TO LIABILITY. This chapter may not be construed to impose liability on the speech or conduct of:

(1) an Internet service provider or the provider's affiliates or subsidiaries;

(2) a search engine; or

(3) a cloud service provider that solely provides access or connection to or from an Internet website or other information or content on the Internet or on a facility, system, or network that is not under the provider's control, including transmission, downloading, intermediate storage, access software, or other services.

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, prescribe, or provide an abortion-inducing drug in any manner to or from any person or location in this state;

(3) provide information on the method for obtaining 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 aids or abets an act described by this subsection if the person would be held criminally responsible for the aiding or abetting under Chapter 7, Penal Code.

(b) Notwithstanding any other law, Subsection (a) does not prohibit:

(1) speech or conduct protected by the First Amendment to the United States Constitution, as made applicable to the states through the United States Supreme Court's interpretation of the Fourteenth Amendment to the United States Constitution or protected by Section 8, Article I, Texas Constitution;

(2) conduct this state is prohibited from regulating under the Texas Constitution or federal law, including the United States Constitution;

(3) conduct of a pregnant woman who aborts or seeks to abort the woman's unborn child;

(4) the possession, distribution, mailing, transport, delivery, or provision of an abortion-inducing drug for a purpose that does not include performing, inducing, attempting, or assisting an abortion;

(5) the possession, distribution, mailing, transport, delivery, or provision of an abortion-inducing drug for the purpose of enabling a licensed physician to treat a pregnant woman during a medical emergency;

(6) the possession of an abortion-inducing drug for purposes of entrapping a person that violates this section;

(7) conduct engaged in by a person under the direction of a federal agency, contractor, or employee to carry out a duty under federal law, if prohibiting that conduct would violate the doctrine of preemption or intergovernmental immunity; or

(8) conduct described by Section 171A.201(a).

Sec. 171A.052. EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW. (a) Notwithstanding any other law, this subchapter may only be enforced through a qui tam or private civil action brought under Subchapter C, D, or E.

(b) No other direct or indirect enforcement of this subchapter may be taken or threatened by this state, a political subdivision of this state, a district or county attorney, or any officer or employee of this state or a political subdivision of this state against any person, by any means whatsoever, and no violation of this subchapter may be used to justify or trigger the enforcement of any other law or any type of adverse consequence under any other law, except as provided in Subchapter C, D, or E.

(c) This section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by the other law or regulation and that would remain prohibited by the other law or regulation in the absence of this subchapter.

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 subchapter, a person who manufactures, possesses, distributes, mails, transports, delivers, prescribes, or provides an abortion-inducing drug, who aids or abets the manufacture, possession, distribution, mailing, transport, delivery, prescription, or provision of an abortion-inducing drug, or who engages in any conduct prohibited by Section 171A.051 is strictly, absolutely, 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) A person who engages in conduct described by Subsection (a) is liable for damages resulting from the death or personal injury sustained by an unborn child or pregnant woman if the person's conduct contributed in any way to the death or injury, regardless of whether the person's conduct was the actual or proximate cause of the death or injury.

(d) Notwithstanding any other law, the mother or father of an unborn child may bring a civil action under this section for the wrongful death of the unborn child from the use of an abortion-inducing drug, regardless of whether the other parent brings a civil action for the wrongful death. The biological father of an unborn child may bring the action regardless of whether the father was married to the unborn child's mother at the time of the unborn child's conception or death.

(e) 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 under the direction of a federal agency, contractor, or employee who is carrying out duties under federal law if the imposition of liability would violate the doctrine of preemption or intergovernmental immunity; or

(3) by any person who impregnated the woman who used abortion-inducing drugs through conduct constituting sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code, or by another person who acts in concert or participation with that person.

(f) 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 a court may not 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 the defendant was engaged in the conduct described by Section 171A.101(a); and

(2) took every reasonable precaution to ensure the defendant would not manufacture, possess, distribute, mail, transport, deliver, prescribe, or provide or aid or abet the manufacture, possession, distribution, mailing, transport, delivery, prescription, 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 Section 171A.101:

(1) ignorance or mistake of law;

(2) a defendant's belief 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 the 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 the 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) the laws of another state or jurisdiction, including an interstate abortion shield law, unless the Texas Constitution or federal law, including the United States Constitution, compels the court to enforce that law;

(7) non-mutual issue preclusion or non-mutual claim preclusion;

(8) the consent of the claimant or the unborn child's mother to the abortion;

(9) contributory or comparative negligence;

(10) assumption of risk;

(11) entrapment;

(12) lack of actual or proximate cause;

(13) sovereign immunity, governmental immunity, or official immunity; or

(14) a claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate the constitutional or federally protected rights of third parties, except as provided by Section 171A.251.

Sec. 171A.103. MARKET-SHARE 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 national market for abortion-inducing drugs at the time the death or injury occurred.

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. Notwithstanding any other law, 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. OTHER DEFENSES. Notwithstanding any other law, this subchapter does not impose liability for:

(1) death or personal injury resulting from an abortion performed or induced by a licensed physician in response to a medical emergency;

(2) speech or conduct protected by the First Amendment to the United States Constitution, as made applicable to the states through the United States Supreme Court's interpretation of the Fourteenth Amendment to the United States Constitution, or protected by Section 8, Article I, Texas Constitution;

(3) conduct this state is prohibited from regulating under the Texas Constitution or federal law, including the United States Constitution;

(4) conduct of a pregnant woman who aborts or seeks to abort her unborn child;

(5) the possession, distribution, mailing, transport, delivery, or provision of an abortion-inducing drug for the purpose of enabling a licensed physician to treat a pregnant woman during a medical emergency;

(6) the provision of basic public services, including fire and police protection and utilities, by this state, a political subdivision of this state, or a common carrier to an abortion provider, an abortion assistance organization, an affiliate of an abortion provider or an abortion assistance organization, or a manufacturer or distributor of abortion-inducing drugs, in the same manner as this state, the political subdivision, or the common carrier provides those services to the general public; or

(7) conduct a person engages in under the direction of a federal agency, contractor, or employee to carry out a duty under federal law, if a prohibition on that conduct would violate the doctrine of preemption or intergovernmental immunity.

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 and the defendant may be served outside this state.

(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 Texas Constitution and federal law, including the United States Constitution.

(c) Notwithstanding any other law, any contractual choice-of-law provision that requires or purports to require application of the laws of a different jurisdiction is void based on this state's public policy and is not enforceable in any court.

(d) Notwithstanding any other law, Chapters 27 and 110, Civil Practice and Remedies Code, do not apply to an action brought under Section 171A.101.

Sec. 171A.108. COORDINATED 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.101;

(2) establish or attempt to establish any type of agency or fiduciary relationship with a claimant bringing an action under Section 171A.101;

(3) attempt to control or influence a person's decision to bring an action under Section 171A.101 or that person's conduct of the litigation; or

(4) intervene in an action brought under Section 171A.101.

(b) This section does not prohibit this state, a political subdivision of this state, or an officer or employee of this state or a political subdivision of this state from filing an amicus curiae brief in an action brought under Section 171A.101 if the state, political subdivision, officer, or employee does not act in concert or participation with the claimant who brings the action.

SUBCHAPTER D. QUI TAM ENFORCEMENT OF PROHIBITIONS RELATING TO

ABORTION-INDUCING DRUGS

Sec. 171A.151. QUI TAM ACTION AUTHORIZED. (a) Except as provided by this section, a person, other than a political subdivision of this state or an officer or employee of a political subdivision of this state, has standing to bring and may bring a qui tam action against a person who:

(1) violates Section 171A.051; or

(2) intends to violate Section 171A.051.

(b) An action brought under this section must be brought in the name of the qui tam relator and of the state.

(c) A qui tam relator may not bring an action under this section if the action is preempted by 47 U.S.C. Section 230(c).

(d) Notwithstanding any other law, a qui tam 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 under the direction of a federal agency, contractor, or employee who is carrying out duties under federal law if the imposition of liability would violate the doctrine of preemption or intergovernmental immunity;

(3) against a common carrier that:

(A) transports a pregnant woman or other passenger to an abortion provider; and

(B) is unaware the passenger is traveling to an abortion provider; or

(4) by any person who impregnated the woman who used or sought to obtain abortion-inducing drugs through conduct constituting sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code, or by another person who acts in concert or participation with that person.

(e) 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 a court may not 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 the defendant was engaged in the conduct prohibited by Section 171A.051; and

(2) took every reasonable precaution to ensure 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 Section 171A.151:

(1) ignorance or mistake of law;

(2) a defendant's belief 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 the 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 the 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) the laws of another state or jurisdiction, including an interstate abortion shield law, unless the Texas Constitution or federal law, including the United States Constitution, compels the court to enforce that law;

(7) non-mutual issue preclusion or non-mutual claim preclusion;

(8) entrapment;

(9) sovereign immunity, governmental immunity, or official immunity; or

(10) a claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate the constitutional or federally protected rights of third parties, except as provided by Section 171A.251.

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 (b), if a qui tam relator prevails in an action brought under Section 171A.151, the court shall award to the relator:

(1) injunctive relief sufficient to prevent the defendant from violating Section 171A.051;

(2) statutory damages in an amount of not less than $100,000 for each violation of Section 171A.051; and

(3) costs and reasonable attorney's fees.

(b) A court may not award relief under Subsection (a)(2) or (a)(3) in response to a violation of Section 171A.051 if the defendant demonstrates that a court already ordered the defendant to pay damages under Subsection (a)(2) in another action for that particular violation.

(c) Notwithstanding any other law, 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 RELATED TO FIRST AMENDMENT PROTECTIONS. This subchapter may not be construed to impose liability on speech or conduct protected by the First Amendment to the United States Constitution, as made applicable to the states through the United States Supreme Court's interpretation of the Fourteenth Amendment to the United States Constitution, or protected by Section 8, Article I, Texas Constitution.

Sec. 171A.156. COORDINATED ENFORCEMENT PROHIBITED. (a) Notwithstanding any other law, a political subdivision of this state or an officer or employee of a political subdivision of this state may not:

(1) act in concert or participation with a qui tam relator bringing an action under Section 171A.151;

(2) establish or attempt to establish any type of agency or fiduciary relationship with a qui tam relator bringing an action under Section 171A.151;

(3) 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 political subdivision of this state or an officer or employee of a political subdivision of this state from filing an amicus curiae brief in an action brought under Section 171A.151 if the political subdivision, officer, or employee does not act in concert or participation with the qui tam relator.

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 and the defendant may be served outside this state.

(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 Texas Constitution or federal law, including the United States Constitution.

(c) Notwithstanding any other law, any contractual choice-of-law provision that requires or purports to require application of the laws of a different jurisdiction is void based on this state's public policy and is not enforceable in any court.

(d) Notwithstanding any other law, Chapters 27 and 110, Civil Practice and Remedies Code, do not apply to an action brought under Section 171A.151.

SUBCHAPTER E. QUI TAM ENFORCEMENT AGAINST INTERACTIVE COMPUTER

SERVICES FACILITATING ABORTION

Sec. 171A.201. QUI TAM ACTION AGAINST INTERACTIVE COMPUTER SERVICE PROVIDER. (a) A person, other than this state, a political subdivision of this state, or an officer or employee of this state or a political subdivision of this state, has standing to bring and may bring a qui tam 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 aids, abets, 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 used to aid, abet, 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, possess, distribute, mail, transport, deliver, prescribe, or provide abortion-inducing drugs, to collect money, digital currency, resources, or any other thing of value in connection with that conduct.

(b) An action brought under this section must be brought in the name of the qui tam relator and of the state.

(c) 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 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 qui tam relator prevails in an action brought under Section 171A.201, the court shall award only declaratory or injunctive relief. A court may not, under any circumstances, award:

(1) damages or civil penalties in any amount in the action; or

(2) 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 defendant's exercise of a constitutional or federally protected 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 doctrine of preemption or intergovernmental immunity; or

(3) conduct of 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) 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, this subchapter may only be enforced through a qui tam action brought under Section 171A.201.

(b) No other direct or indirect enforcement of this subchapter may be taken or threatened by this state, a political subdivision of this state, a district or county attorney, or any officer or employee of this state or a political subdivision of this state against any person, by any means whatsoever, and no violation of this subchapter may be used to justify or trigger the enforcement of any other law or any type of adverse consequence under any other law, except as provided in this subchapter.

(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 and that would remain prohibited by that other law or regulation in the absence of this subchapter.

Sec. 171A.206. COORDINATED ENFORCEMENT PROHIBITED. (a) Notwithstanding any other law, a political subdivision of this state or an officer or employee of a political subdivision of this state may not:

(1) act in concert or participation with a qui tam relator bringing an action under Section 171A.201;

(2) establish or attempt to establish any type of agency or fiduciary relationship with a qui tam relator bringing an action under Section 171A.201;

(3) 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 political subdivision of this state or an officer or employee of a political subdivision of this state from filing an amicus curiae brief in an action brought under Section 171A.201 if the political subdivision, officer, or employee does not act in concert or participation with the qui tam relator.

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 and the defendant may be served outside this state.

(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 Texas Constitution or federal law, including the United States Constitution.

(c) Notwithstanding any other law, any contractual choice-of-law provision that requires or purports to require application of the laws of a different jurisdiction is void based on this state's public policy and is not enforceable in any court.

(d) Notwithstanding any other law, Chapters 27 and 110, Civil Practice and Remedies Code, do not apply to an action brought under Section 171A.201.

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, Internet service provider, search engine, or cloud service provider 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 from government censorship;

(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 the defendant's personal constitutional or federally protected rights;

(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 the imposition of civil liability on the defendant will violate constitutional or federally protected rights belonging to a third party;

(3) the imposition of civil liability on the defendant will violate the defendant's rights under the Texas Constitution; or

(4) the imposition of civil liability on the defendant would violate the limits on extraterritorial jurisdiction imposed by the United States Constitution or the Texas Constitution.

(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. (a) Notwithstanding any other law, a court may not apply the law of another state or jurisdiction to any civil or qui tam action brought under Section 171A.101, 171A.151, or 171A.201 unless the Texas Constitution or federal law, including the United States Constitution, compels it to do so.

(b) Notwithstanding any other law, any contractual choice-of-law provision that requires or purports to require application of the laws of a different jurisdiction is void based on this state's public policy and is not enforceable in any court.

Sec. 171A.254. VENUE. (a) Notwithstanding any other law, including Chapter 15, Civil Practice and Remedies Code, a civil or qui tam action brought under Section 171A.101, 171A.151, or 171A.201 may 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 or qui tam 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.

(c) Notwithstanding any other law, any contractual choice-of-forum provision that requires or purports to require a civil or qui tam action under Sections 171A.101, 171A.151, or 171A.201 to be litigated in a particular forum is void based on this state's public policy and is not enforceable in any court.

Sec. 171A.255. PROTECTION FROM COUNTER ACTIONS. If an action is brought against a person or a judgment is entered against a person based wholly or partly 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 must 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. CRIMINAL OFFENSES

Sec. 171A.301. 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 or the pregnant woman 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 where 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 the pregnant woman on whom the elective abortion is performed or attempted.

(d) The prohibition under Subsection (a) applies extraterritorially to the maximum extent permitted by the Texas Constitution or federal law, including the United States Constitution.

Sec. 171A.302. 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.

(c) The prohibition under Subsection (a) does not apply to the pregnant woman on whom the elective abortion is performed or attempted.

(d) The prohibition under Subsection (a) applies extraterritorially to the maximum extent permitted by the Texas Constitution or federal law, including the United States Constitution.

SUBCHAPTER H. PROVISIONS RELATING TO ENFORCEMENT OF ABORTION LAWS

Sec. 171A.351. DEFINITION. In this subchapter, "criminal abortion law" means any law of this state imposing criminal penalties on abortion, including Chapter 6-1/2, Title 71, Revised Statutes.

Sec. 171A.352. STATUTE OF LIMITATIONS. Notwithstanding any other law, there is no applicable statute of limitations for an offense committed under a criminal abortion law.

Sec. 171A.353. CONCURRENT JURISDICTION OF ATTORNEY GENERAL. Notwithstanding any other law, the attorney general has concurrent jurisdiction to prosecute any criminal 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.354. 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 criminal abortion law of this state except for Subchapter H, Chapter 171, or Subchapter B, C, D, or E of this chapter.

Sec. 171A.355. FEE SHIFTING. (a) Notwithstanding any other law, a person, including an entity, attorney, or law firm, who seeks 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 any state or federal court, or who represents a litigant seeking such relief in any 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, including the costs and reasonable attorney's fees that the prevailing party incurs in its efforts to recover costs and fees.

(b) For purposes of this section, a party is considered a prevailing party if:

(1) a state or federal court dismisses a claim or cause of action brought against the party by a litigant that seeks the declaratory or injunctive relief described by Subsection (a), regardless of the reason for the dismissal;

(2) a state or federal court enters judgment in the party's favor on that claim or cause of action; or

(3) the litigant that seeks the declaratory or injunctive relief described by Subsection (a) voluntarily dismisses or nonsuits its claims against the party under Rule 41, Federal Rules of Civil Procedure, Rule 162, Texas Rules of Civil Procedure, or any other procedural rule.

(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 a civil action brought under Subsection (d) that:

(1) a prevailing party under this section failed to a 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 doctrine of issue or claim preclusion.

(f) Notwithstanding any other law, including Chapter 15, Civil Practice and Remedies Code, a civil action brought under Subsection (d) may 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 residence of a defendant at the time the cause of action accrued, if the 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 residence of the claimant, if the claimant is an individual residing in this state.

(g) If a civil action is brought under Subsection (d) in a venue described by Subsection (f), the action may not be transferred to a different venue without the written consent of all parties.

(h) Notwithstanding any other law, any contractual choice-of-forum provision that purports to require a civil action under Subsection (d) be litigated in another forum is void based on this state's public policy and is not enforceable in any state or federal court.

SUBCHAPTER I. IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION

Sec. 171A.401. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL IMMUNITY. (a) 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, employee, or agent of this state or a political subdivision of this state from:

(A) enforcing any provision or application of this chapter; or

(B) filing, hearing, adjudicating, or docketing an action brought under Section 171A.101, 171A.151, or 171A.201 or an action described by Section 171A.208.

(b) 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 congressional legislation authorized by:

(1) Section 5 of the Fourteenth Amendment, United States Constitution;

(2) the Bankruptcy Clause of Article I, United States Constitution;

(3) Congress's powers to raise and support armies and to provide and maintain a navy; or

(4) any other congressional power that the United States Supreme Court recognizes as a ground for abrogating a state's sovereign immunity.

Sec. 171A.402. APPLICABILITY OF IMMUNITY. Notwithstanding any other law, the immunities conferred by Section 171A.401 apply in every court, both state and federal, and in every type of adjudicative proceeding.

Sec. 171A.403. CONSTRUCTION OF CHAPTER RELATED TO ASSERTED DEFENSE. 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.404. 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.401 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.401 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.405. JURISDICTION. Notwithstanding any other law, including Chapter 37, Civil Practice and Remedies Code, 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, including a writ of prohibition, that would pronounce any provision or application of this chapter invalid or unconstitutional; or

(2) would restrain 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:

(A) enforcing any provision or application of this chapter; or

(B) filing, hearing, adjudicating, or docketing an action brought under Section 171A.101, 171A.151, or 171A.201 or an action described by Section 171A.208.

Sec. 171A.406. 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.401 or the limits on jurisdiction or permissible relief described by Section 171A.405:

(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 this 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 or an action described by Section 171A.208:

(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.407. 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 Section 171A.406(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 or an action described by Section 171A.208.

(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.405 or 171A.406(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.

SECTION 3. Section 27.010(a), Civil Practice and Remedies Code, is amended to read as follows:

(a) This chapter does not apply to:

(1) an enforcement action that is brought in the name of this state or a political subdivision of this state by the attorney general, a district attorney, a criminal district attorney, or a county attorney;

(2) a legal action brought against a person primarily engaged in the business of selling or leasing goods or services, if the statement or conduct arises out of the sale or lease of goods, services, or an insurance product, insurance services, or a commercial transaction in which the intended audience is an actual or potential buyer or customer;

(3) a legal action seeking recovery for bodily injury, wrongful death, or survival or to statements made regarding that legal action;

(4) a legal action brought under the Insurance Code or arising out of an insurance contract;

(5) a legal action arising from an officer-director, employee-employer, or independent contractor relationship that:

(A) seeks recovery for misappropriation of trade secrets or corporate opportunities; or

(B) seeks to enforce a non-disparagement agreement or a covenant not to compete;

(6) a legal action filed under Title 1, 2, 4, or 5, Family Code, or an application for a protective order under Subchapter A, Chapter 7B, Code of Criminal Procedure;

(7) a legal action brought under Chapter 17, Business & Commerce Code, other than an action governed by Section 17.49(a) of that chapter;

(8) a legal action in which a moving party raises a defense pursuant to Section 160.010, Occupations Code, Section 161.033, Health and Safety Code, or the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.);

(9) an eviction suit brought under Chapter 24, Property Code;

(10) a disciplinary action or disciplinary proceeding brought under Chapter 81, Government Code, or the Texas Rules of Disciplinary Procedure;

(11) a legal action brought under Chapter 554, Government Code;

(12) a legal action based on a common law fraud claim; [or]

(13) a legal malpractice claim brought by a client or former client;

(14) an action brought under Chapter 170, 170A, 171, or 171A, Health and Safety Code, or a petition for the taking of a deposition under Rule 202, Texas Rules of Civil Procedure, to investigate a potential claim or in anticipation of an action under those chapters; or

(15) an action brought under Section 30.022.

SECTION 4. Chapter 110, Civil Practice and Remedies Code, is amended by adding Section 110.013 to read as follows:

Sec. 110.013. LAWS REGULATING OR RESTRICTING ABORTION NOT AFFECTED. Nothing in this chapter may be construed to limit the scope or enforcement of Chapter 170, 170A, 171, or 171A, Health and Safety Code, or Chapter 6-1/2, Title 71, Revised Statutes, or any other law that regulates or restricts abortion or that withholds taxpayer funds from entities that perform or promote abortions.

SECTION 5. Subchapter H, Chapter 171, Health and Safety Code, is amended by adding Section 171.2105 to read as follows:

Sec. 171.2105. JURISDICTION. Notwithstanding any other law, including Chapter 37, Civil Practice and Remedies Code, a court of this state does not have jurisdiction to consider and may not award relief under any action, claim, or counterclaim that seeks declaratory or injunctive relief, or any type of writ, including a writ of prohibition, that would pronounce any provision or application of this subchapter invalid or unconstitutional.

SECTION 6. Section 71.02(a), Penal Code, as amended by Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B. 4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular Session, 2023, is reenacted and 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 or foreign terrorist organization, 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:

(A) through forgery, fraud, misrepresentation, or deception; or

(B) with the intent to deliver the controlled substance or dangerous drug;

(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;

[(5-b) any unlawful possession with intent to deliver a controlled substance or dangerous drug;

[(5-b) unlawful possession with intent to deliver a controlled substance listed in Penalty Group 1-B under Section 481.1022, Health and Safety 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, 20.06, or 20.07;

(18) any offense under Section 16.02;

(19) any offense punishable under Section 42.03(d) or (e);

(20) [(19)] an offense under Section 28.03 that is punishable under Subsection (b)(4)(E) of that section;

(21) [(20)] an offense under Section 31.21 that is punishable under Subsection (d) of that section; [or]

(22) [(20)] any offense classified as a felony under the Tax Code; [or]

(23) [(21)] any offense under Section 545.420, Transportation Code;

(24) a violation of 18 U.S.C. Section 1461 that involves using the mails for the mailing, carriage in the mails, or delivery of:

(A) any item designed, adapted, or intended for producing an elective abortion, as defined by Section 171A.001, Health and Safety Code; or

(B) any instrument, substance, drug, medicine, or other item that is advertised or described in a manner calculated to lead a person to use or apply the item for producing an elective abortion, as defined by Section 171A.001, Health and Safety Code;

(25) a violation of 18 U.S.C. Section 1462(c) that involves:

(A) using any express company or other common carrier or interactive computer service for carrying through interstate or foreign commerce any drug, medicine, article, or item designed, adapted, or intended for producing an elective abortion, as defined by Section 171A.001, Health and Safety Code; or

(B) knowingly taking or receiving from an express company or other common carrier or interactive computer service for carrying through interstate or foreign commerce a drug, medicine, article, or item described by Paragraph (A);

(26) a violation of an abortion law under Chapter 170 or 170A, Health and Safety Code, or Chapter 6-1/2, Title 71, Revised Statutes; or

(27) an offense under Chapter 28 involving damage or destruction to the property of a church, a crisis pregnancy center, an adoption agency, or an entity that offers services covered under the Thriving Texas Families Program established under Chapter 54, Health and Safety Code.

SECTION 7. 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 8. Section 71.02(a), Penal Code, as reenacted and 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 9. 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, is severable from each other. 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 for any reason, the remaining applications of that provision to all other persons and circumstances shall be severed and may not be affected.

SECTION 10. This Act takes effect September 1, 2025.