86R16549 LED-D
By: Swanson H.B. No. 4526
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for performing certain abortions;
providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 71.002, Civil Practice and Remedies
Code, is amended by adding Subsection (f) to read as follows:
(f) A person is liable for damages arising from a violation
of Section 170.002(a), 171.043, 171.044, 171.102, or 171.152,
Health and Safety Code.
SECTION 2. Section 71.004(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) The surviving spouse, children, and parents of the
deceased may bring the action or one or more of those individuals
may bring the action for the benefit of all. A next friend may bring
an action for damages under Section 71.002(f).
SECTION 3. Chapter 170, Health and Safety Code, is amended
by adding Section 170.003 to read as follows:
Sec. 170.003. CIVIL PENALTY. (a) A person who violates
Section 170.002(a) is liable to this state for a civil penalty of
$30,000 for each violation.
(b) The attorney general may sue to collect the penalty.
(c) The attorney general shall file an action under this
section in a district court in Travis County or the county in which
the violation occurred.
(d) The attorney general may recover reasonable expenses
incurred in obtaining a civil penalty under this section, including
court costs, attorney's fees, investigative costs, witness fees,
and deposition expenses.
SECTION 4. Subchapter C, Chapter 171, Health and Safety
Code, is amended by adding Section 171.049 to read as follows:
Sec. 171.049. CIVIL PENALTY. (a) A person who violates
Section 171.043 or 171.044 is liable to this state for a civil
penalty of $30,000 for each violation.
(b) The attorney general may sue to collect the penalty.
(c) The attorney general shall file an action under this
section in a district court in Travis County or the county in which
the violation occurred.
(d) The attorney general may recover reasonable expenses
incurred in obtaining a civil penalty under this section, including
court costs, attorney's fees, investigative costs, witness fees,
and deposition expenses.
SECTION 5. Subchapter F, Chapter 171, Health and Safety
Code, is amended by adding Section 171.1045 to read as follows:
Sec. 171.1045. CIVIL PENALTY. (a) A person who violates
Section 171.102 is liable to this state for a civil penalty of
$30,000 for each violation.
(b) The attorney general may sue to collect the penalty.
(c) The attorney general shall file an action under this
section in a district court in Travis County or the county in which
the violation occurred.
(d) The attorney general may recover reasonable expenses
incurred in obtaining a civil penalty under this section, including
court costs, attorney's fees, investigative costs, witness fees,
and deposition expenses.
SECTION 6. Subchapter G, Chapter 171, Health and Safety
Code, is amended by adding Section 171.1535 to read as follows:
Sec. 171.1535. CIVIL PENALTY. (a) A person who violates
Section 171.152 is liable to this state for a civil penalty of
$30,000 for each violation.
(b) The attorney general may sue to collect the penalty.
(c) The attorney general shall file an action under this
section in a district court in Travis County or the county in which
the violation occurred.
(d) The attorney general may recover reasonable expenses
incurred in obtaining a civil penalty under this section, including
court costs, attorney's fees, investigative costs, witness fees,
and deposition expenses.
SECTION 7. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 8. The change in law made by this Act applies only
to an abortion performed on or after the effective date of this Act.
An abortion performed before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 9. This Act takes effect September 1, 2019.