| 1 | 1 | | 87R6105 MWC-D |
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| 2 | 2 | | By: Leach H.B. No. 1909 |
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| 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 the protection of pregnancy resource centers as |
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| 8 | 8 | | essential businesses. |
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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. Subtitle H, Title 10, Government Code, is |
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| 11 | 11 | | amended by adding Chapter 2402 to read as follows: |
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| 12 | 12 | | CHAPTER 2402. PROTECTION OF PREGNANCY RESOURCE CENTERS |
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| 13 | 13 | | Sec. 2402.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Disaster" has the meaning assigned by Section |
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| 15 | 15 | | 418.004. |
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| 16 | 16 | | (2) "Governmental entity" has the meaning assigned by |
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| 17 | 17 | | Section 2252.001. |
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| 18 | 18 | | (3) "Public health disaster" has the meaning assigned |
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| 19 | 19 | | by Section 81.003, Health and Safety Code. |
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| 20 | 20 | | Sec. 2402.002. ESSENTIAL BUSINESS; PROHIBITED |
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| 21 | 21 | | RESTRICTIONS. (a) A pregnancy resource center is considered an |
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| 22 | 22 | | essential business at all times in this state, including during a |
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| 23 | 23 | | declared state of disaster or public health disaster, and the |
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| 24 | 24 | | center's services are considered essential regardless of whether |
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| 25 | 25 | | the services are listed as essential or included in a category of |
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| 26 | 26 | | services allowed to operate in an order issued under Chapter 418 or |
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| 27 | 27 | | Chapter 81, Health and Safety Code. |
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| 28 | 28 | | (b) An order issued under Chapter 418 or Chapter 81, Health |
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| 29 | 29 | | and Safety Code, may not: |
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| 30 | 30 | | (1) prohibit a pregnancy resource center from |
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| 31 | 31 | | continuing to operate in the discharge of the center's purpose; or |
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| 32 | 32 | | (2) require a pregnancy resource center to close. |
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| 33 | 33 | | (c) This section does not prohibit a governmental entity |
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| 34 | 34 | | from closing an individual pregnancy resource center in relation to |
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| 35 | 35 | | an allegation of criminal activity at the center or a violation of |
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| 36 | 36 | | law protecting public health and safety by the center. |
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| 37 | 37 | | Sec. 2402.003. RELIEF AVAILABLE. (a) A person may assert |
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| 38 | 38 | | an actual or threatened violation of Section 2402.002 as a claim or |
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| 39 | 39 | | defense in a judicial or administrative proceeding and obtain: |
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| 40 | 40 | | (1) injunctive relief; |
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| 41 | 41 | | (2) declaratory relief; and |
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| 42 | 42 | | (3) court costs and reasonable attorney's fees. |
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| 43 | 43 | | (b) Notwithstanding any other law, a person may commence an |
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| 44 | 44 | | action under this section and relief may be granted regardless of |
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| 45 | 45 | | whether the person has sought or exhausted available administrative |
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| 46 | 46 | | remedies. |
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| 47 | 47 | | Sec. 2402.004. IMMUNITY WAIVED. A person who alleges a |
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| 48 | 48 | | violation of Section 2402.002 may sue for the relief provided under |
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| 49 | 49 | | Section 2402.003. Sovereign or governmental immunity, as |
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| 50 | 50 | | applicable, is waived and abolished to the extent of liability for |
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| 51 | 51 | | that relief. |
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| 52 | 52 | | Sec. 2402.005. ATTORNEY GENERAL ACTION; INTERVENTION IN |
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| 53 | 53 | | PROCEEDING. (a) The attorney general may bring an action for |
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| 54 | 54 | | injunctive or declaratory relief to enforce compliance with this |
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| 55 | 55 | | chapter. |
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| 56 | 56 | | (b) This section may not be construed to deny, impair, or |
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| 57 | 57 | | otherwise affect any authority of the attorney general or a |
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| 58 | 58 | | governmental entity acting under other law to institute or |
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| 59 | 59 | | intervene in a proceeding. |
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| 60 | 60 | | (c) The attorney general may not recover expenses incurred |
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| 61 | 61 | | in bringing, instituting, or intervening in an action under this |
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| 62 | 62 | | section. |
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| 63 | 63 | | SECTION 2. Chapter 2402, Government Code, as added by this |
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| 64 | 64 | | Act, applies only to a cause of action that accrues on or after the |
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| 65 | 65 | | effective date of this Act. A cause of action that accrued before |
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| 66 | 66 | | the effective date of this Act is governed by the law in effect |
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| 67 | 67 | | immediately before the effective date of this Act, and that law is |
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| 68 | 68 | | continued in effect for that purpose. |
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| 69 | 69 | | SECTION 3. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2021. |
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