| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to civil liability for performing certain abortions; |
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| 8 | 8 | | providing civil penalties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 71.002, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended by adding Subsection (f) to read as follows: |
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| 12 | 12 | | (f) A person is liable for damages arising from a violation |
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| 13 | 13 | | of Section 170.002(a), 171.043, 171.044, 171.102, or 171.152, |
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| 14 | 14 | | Health and Safety Code. |
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| 15 | 15 | | SECTION 2. Section 71.004(b), Civil Practice and Remedies |
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| 16 | 16 | | Code, is amended to read as follows: |
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| 17 | 17 | | (b) The surviving spouse, children, and parents of the |
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| 18 | 18 | | deceased may bring the action or one or more of those individuals |
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| 19 | 19 | | may bring the action for the benefit of all. A next friend may bring |
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| 20 | 20 | | an action for damages under Section 71.002(f). |
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| 21 | 21 | | SECTION 3. Chapter 170, Health and Safety Code, is amended |
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| 22 | 22 | | by adding Section 170.003 to read as follows: |
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| 23 | 23 | | Sec. 170.003. CIVIL PENALTY. (a) A person who violates |
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| 24 | 24 | | Section 170.002(a) is liable to this state for a civil penalty of |
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| 25 | 25 | | $30,000 for each violation. |
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| 26 | 26 | | (b) The attorney general may sue to collect the penalty. |
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| 27 | 27 | | (c) The attorney general shall file an action under this |
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| 28 | 28 | | section in a district court in Travis County or the county in which |
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| 29 | 29 | | the violation occurred. |
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| 30 | 30 | | (d) The attorney general may recover reasonable expenses |
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| 31 | 31 | | incurred in obtaining a civil penalty under this section, including |
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| 32 | 32 | | court costs, attorney's fees, investigative costs, witness fees, |
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| 33 | 33 | | and deposition expenses. |
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| 34 | 34 | | SECTION 4. Subchapter C, Chapter 171, Health and Safety |
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| 35 | 35 | | Code, is amended by adding Section 171.049 to read as follows: |
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| 36 | 36 | | Sec. 171.049. CIVIL PENALTY. (a) A person who violates |
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| 37 | 37 | | Section 171.043 or 171.044 is liable to this state for a civil |
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| 38 | 38 | | penalty of $30,000 for each violation. |
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| 39 | 39 | | (b) The attorney general may sue to collect the penalty. |
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| 40 | 40 | | (c) The attorney general shall file an action under this |
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| 41 | 41 | | section in a district court in Travis County or the county in which |
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| 42 | 42 | | the violation occurred. |
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| 43 | 43 | | (d) The attorney general may recover reasonable expenses |
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| 44 | 44 | | incurred in obtaining a civil penalty under this section, including |
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| 45 | 45 | | court costs, attorney's fees, investigative costs, witness fees, |
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| 46 | 46 | | and deposition expenses. |
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| 47 | 47 | | SECTION 5. Subchapter F, Chapter 171, Health and Safety |
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| 48 | 48 | | Code, is amended by adding Section 171.1045 to read as follows: |
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| 49 | 49 | | Sec. 171.1045. CIVIL PENALTY. (a) A person who violates |
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| 50 | 50 | | Section 171.102 is liable to this state for a civil penalty of |
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| 51 | 51 | | $30,000 for each violation. |
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| 52 | 52 | | (b) The attorney general may sue to collect the penalty. |
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| 53 | 53 | | (c) The attorney general shall file an action under this |
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| 54 | 54 | | section in a district court in Travis County or the county in which |
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| 55 | 55 | | the violation occurred. |
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| 56 | 56 | | (d) The attorney general may recover reasonable expenses |
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| 57 | 57 | | incurred in obtaining a civil penalty under this section, including |
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| 58 | 58 | | court costs, attorney's fees, investigative costs, witness fees, |
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| 59 | 59 | | and deposition expenses. |
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| 60 | 60 | | SECTION 6. Subchapter G, Chapter 171, Health and Safety |
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| 61 | 61 | | Code, is amended by adding Section 171.1535 to read as follows: |
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| 62 | 62 | | Sec. 171.1535. CIVIL PENALTY. (a) A person who violates |
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| 63 | 63 | | Section 171.152 is liable to this state for a civil penalty of |
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| 64 | 64 | | $30,000 for each violation. |
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| 65 | 65 | | (b) The attorney general may sue to collect the penalty. |
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| 66 | 66 | | (c) The attorney general shall file an action under this |
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| 67 | 67 | | section in a district court in Travis County or the county in which |
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| 68 | 68 | | the violation occurred. |
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| 69 | 69 | | (d) The attorney general may recover reasonable expenses |
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| 70 | 70 | | incurred in obtaining a civil penalty under this section, including |
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| 71 | 71 | | court costs, attorney's fees, investigative costs, witness fees, |
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| 72 | 72 | | and deposition expenses. |
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| 73 | 73 | | SECTION 7. The change in law made by this Act applies only |
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| 74 | 74 | | to a cause of action that accrues on or after the effective date of |
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| 75 | 75 | | this Act. A cause of action that accrues before the effective date |
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| 76 | 76 | | of this Act is governed by the law applicable to the cause of action |
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| 77 | 77 | | immediately before that date, and that law is continued in effect |
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| 78 | 78 | | for that purpose. |
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| 79 | 79 | | SECTION 8. The change in law made by this Act applies only |
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| 80 | 80 | | to an abortion performed on or after the effective date of this Act. |
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| 81 | 81 | | An abortion performed before the effective date of this Act is |
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| 82 | 82 | | governed by the law in effect immediately before the effective date |
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| 83 | 83 | | of this Act, and the former law is continued in effect for that |
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| 84 | 84 | | purpose. |
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| 85 | 85 | | SECTION 9. This Act takes effect September 1, 2019. |
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