87R6105 MWC-D
By: Leach H.B. No. 1909
A BILL TO BE ENTITLED
AN ACT
relating to the protection of pregnancy resource centers as
essential businesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 10, Government Code, is
amended by adding Chapter 2402 to read as follows:
CHAPTER 2402. PROTECTION OF PREGNANCY RESOURCE CENTERS
Sec. 2402.001. DEFINITIONS. In this chapter:
(1) "Disaster" has the meaning assigned by Section
418.004.
(2) "Governmental entity" has the meaning assigned by
Section 2252.001.
(3) "Public health disaster" has the meaning assigned
by Section 81.003, Health and Safety Code.
Sec. 2402.002. ESSENTIAL BUSINESS; PROHIBITED
RESTRICTIONS. (a) A pregnancy resource center is considered an
essential business at all times in this state, including during a
declared state of disaster or public health disaster, and the
center's services are considered essential regardless of whether
the services are listed as essential or included in a category of
services allowed to operate in an order issued under Chapter 418 or
Chapter 81, Health and Safety Code.
(b) An order issued under Chapter 418 or Chapter 81, Health
and Safety Code, may not:
(1) prohibit a pregnancy resource center from
continuing to operate in the discharge of the center's purpose; or
(2) require a pregnancy resource center to close.
(c) This section does not prohibit a governmental entity
from closing an individual pregnancy resource center in relation to
an allegation of criminal activity at the center or a violation of
law protecting public health and safety by the center.
Sec. 2402.003. RELIEF AVAILABLE. (a) A person may assert
an actual or threatened violation of Section 2402.002 as a claim or
defense in a judicial or administrative proceeding and obtain:
(1) injunctive relief;
(2) declaratory relief; and
(3) court costs and reasonable attorney's fees.
(b) Notwithstanding any other law, a person may commence an
action under this section and relief may be granted regardless of
whether the person has sought or exhausted available administrative
remedies.
Sec. 2402.004. IMMUNITY WAIVED. A person who alleges a
violation of Section 2402.002 may sue for the relief provided under
Section 2402.003. Sovereign or governmental immunity, as
applicable, is waived and abolished to the extent of liability for
that relief.
Sec. 2402.005. ATTORNEY GENERAL ACTION; INTERVENTION IN
PROCEEDING. (a) The attorney general may bring an action for
injunctive or declaratory relief to enforce compliance with this
chapter.
(b) This section may not be construed to deny, impair, or
otherwise affect any authority of the attorney general or a
governmental entity acting under other law to institute or
intervene in a proceeding.
(c) The attorney general may not recover expenses incurred
in bringing, instituting, or intervening in an action under this
section.
SECTION 2. Chapter 2402, Government Code, as added 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 accrued before
the effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. 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, 2021.