Texas 2021 - 87th Regular

Texas House Bill HB44 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1668 SRA-D
2	2	By: Swanson H.B. No. 44
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil liability and criminal penalties for performing
8	8	certain abortions; providing civil penalties; creating criminal
9	9	offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 71.002, Civil Practice and Remedies
12	12	Code, is amended by adding Subsection (f) to read as follows:
13	13	(f) A person is liable for damages arising from a violation
14	14	of Section 170.002(a), 171.043, 171.044, 171.102, or 171.152,
15	15	Health and Safety Code.
16	16	SECTION 2. Section 71.004(b), Civil Practice and Remedies
17	17	Code, is amended to read as follows:
18	18	(b) The surviving spouse, children, and parents of the
19	19	deceased may bring the action or one or more of those individuals
20	20	may bring the action for the benefit of all. A next friend may bring
21	21	an action for damages under Section 71.002(f).
22	22	SECTION 3. Chapter 170, Health and Safety Code, is amended
23	23	by adding Sections 170.003 and 170.004 to read as follows:
24	24	Sec. 170.003. CRIMINAL PENALTY. (a) A person who violates
25	25	Section 170.002(a) commits an offense.
26	26	(b) An offense under this section is a felony of the second
27	27	degree, except that the offense is a felony of the first degree if
28	28	the person has previously been convicted of an offense under this
29	29	section or under Section 171.049, 171.103, or 171.153.
30	30	(c) If conduct constituting an offense under this section
31	31	also constitutes an offense under another section of this code or
32	32	the Penal Code, the actor may be prosecuted under this section or
33	33	under both sections.
34	34	Sec. 170.004. CIVIL PENALTY. (a) A person who violates
35	35	Section 170.002(a) is liable to this state for a civil penalty of
36	36	$30,000 for each violation.
37	37	(b) The attorney general may sue to collect the penalty.
38	38	(c) The attorney general shall file an action under this
39	39	section in a district court in Travis County or the county in which
40	40	the violation occurred.
41	41	(d) The attorney general may recover reasonable expenses
42	42	incurred in obtaining a civil penalty under this section, including
43	43	court costs, attorney's fees, investigative costs, witness fees,
44	44	and deposition expenses.
45	45	SECTION 4. Subchapter C, Chapter 171, Health and Safety
46	46	Code, is amended by adding Sections 171.049 and 171.050 to read as
47	47	follows:
48	48	Sec. 171.049. CRIMINAL PENALTY. (a) A person who violates
49	49	Section 171.043 or 171.044 commits an offense.
50	50	(b) An offense under this section is a felony of the second
51	51	degree, except that the offense is a felony of the first degree if
52	52	the person has previously been convicted of an offense under this
53	53	section or under Section 170.003, 171.103, or 171.153.
54	54	(c) If conduct constituting an offense under this section
55	55	also constitutes an offense under another section of this code or
56	56	the Penal Code, the actor may be prosecuted under this section or
57	57	under both sections.
58	58	Sec. 171.050. CIVIL PENALTY. (a) A person who violates
59	59	Section 171.043 or 171.044 is liable to this state for a civil
60	60	penalty of $30,000 for each violation.
61	61	(b) The attorney general may sue to collect the penalty.
62	62	(c) The attorney general shall file an action under this
63	63	section in a district court in Travis County or the county in which
64	64	the violation occurred.
65	65	(d) The attorney general may recover reasonable expenses
66	66	incurred in obtaining a civil penalty under this section, including
67	67	court costs, attorney's fees, investigative costs, witness fees,
68	68	and deposition expenses.
69	69	SECTION 5. Section 171.103, Health and Safety Code, is
70	70	amended to read as follows:
71	71	Sec. 171.103. CRIMINAL PENALTY. (a) A person who violates
72	72	Section 171.102 commits an offense.
73	73	(b) An offense under this section is a felony of the second
74	74	degree, except that the offense is a felony of the first degree if
75	75	the person has previously been convicted of an offense under this
76	76	section or under Section 170.003, 171.049, or 171.153 [state jail
77	77	felony].
78	78	(c) If conduct constituting an offense under this section
79	79	also constitutes an offense under another section of this code or
80	80	the Penal Code, the actor may be prosecuted under this section or
81	81	under both sections.
82	82	SECTION 6. Subchapter F, Chapter 171, Health and Safety
83	83	Code, is amended by adding Section 171.1045 to read as follows:
84	84	Sec. 171.1045. CIVIL PENALTY. (a) A person who violates
85	85	Section 171.102 is liable to this state for a civil penalty of
86	86	$30,000 for each violation.
87	87	(b) The attorney general may sue to collect the penalty.
88	88	(c) The attorney general shall file an action under this
89	89	section in a district court in Travis County or the county in which
90	90	the violation occurred.
91	91	(d) The attorney general may recover reasonable expenses
92	92	incurred in obtaining a civil penalty under this section, including
93	93	court costs, attorney's fees, investigative costs, witness fees,
94	94	and deposition expenses.
95	95	SECTION 7. Section 171.153, Health and Safety Code, is
96	96	amended by amending Subsection (b) and adding Subsection (c) to
97	97	read as follows:
98	98	(b) An offense under this section is a felony of the second
99	99	degree, except that the offense is a felony of the first degree if
100	100	the person has previously been convicted of an offense under this
101	101	section or under Section 170.003, 171.049, or 171.103 [state jail
102	102	felony].
103	103	(c) If conduct constituting an offense under this section
104	104	also constitutes an offense under another section of this code or
105	105	the Penal Code, the actor may be prosecuted under this section or
106	106	under both sections.
107	107	SECTION 8. Subchapter G, Chapter 171, Health and Safety
108	108	Code, is amended by adding Section 171.1535 to read as follows:
109	109	Sec. 171.1535. CIVIL PENALTY. (a) A person who violates
110	110	Section 171.152 is liable to this state for a civil penalty of
111	111	$30,000 for each violation.
112	112	(b) The attorney general may sue to collect the penalty.
113	113	(c) The attorney general shall file an action under this
114	114	section in a district court in Travis County or the county in which
115	115	the violation occurred.
116	116	(d) The attorney general may recover reasonable expenses
117	117	incurred in obtaining a civil penalty under this section, including
118	118	court costs, attorney's fees, investigative costs, witness fees,
119	119	and deposition expenses.
120	120	SECTION 9. The changes in law made by this Act apply only to
121	121	a cause of action that accrues on or after the effective date of
122	122	this Act. A cause of action that accrues before the effective date
123	123	of this Act is governed by the law applicable to the cause of action
124	124	immediately before that date, and that law is continued in effect
125	125	for that purpose.
126	126	SECTION 10. The changes in law made by this Act apply only
127	127	to an abortion performed, induced, or attempted on or after the
128	128	effective date of this Act. An abortion performed, induced, or
129	129	attempted before the effective date of this Act is governed by the
130	130	law in effect immediately before the effective date of this Act, and
131	131	the former law is continued in effect for that purpose.
132	132	SECTION 11. This Act takes effect September 1, 2021.