Texas 2023 - 88th Regular

Texas House Bill HB2690 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R6630 JG/SCL-F
2	2	By: Toth H.B. No. 2690
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abortion, including civil liability for distribution of
8	8	abortion-inducing drugs and duties of Internet service providers;
9	9	creating a criminal offense; authorizing a private civil right of
10	10	action.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act shall be known as the Women and Child
13	13	Safety Act.
14	14	SECTION 2. The legislature finds that:
15	15	(1) human life begins at fertilization;
16	16	(2) abortion is a murderous act of violence that
17	17	purposefully and knowingly terminates a human life in the womb;
18	18	(3) unborn human beings are entitled to the full and
19	19	equal protection of the laws that prohibit violence against other
20	20	human beings;
21	21	(4) the United States Supreme Court's ruling in Dobbs
22	22	v. Jackson Women's Health Organization, No. 19-1392 (U.S. June 24,
23	23	2022), correctly overruled the lawless and unconstitutional
24	24	pronouncements in Roe v. Wade, 410 U.S. 113 (1973) and Planned
25	25	Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833 (1992),
26	26	which had invented and perpetuated a supposed constitutional right
27	27	to abortion that cannot be found anywhere in the text of the United
28	28	States Constitution;
29	29	(5) so-called abortion funds that operate in this
30	30	state have been funding and otherwise aiding or abetting criminal
31	31	abortions performed in violation of the laws of this state,
32	32	exposing themselves and each of their donors to felony criminal
33	33	prosecution;
34	34	(6) the abortion funds and their donors are not and
35	35	never were protected by an injunction in any abortion-related case
36	36	because they are not parties to those cases, and there has never
37	37	been an injunction that restrains a state official from prosecuting
38	38	abortion funds and their donors who aided or abetted abortions
39	39	performed in violation of the laws of this state;
40	40	(7) the abortion funds and their donors are not and
41	41	never were protected from criminal prosecution by Roe v. Wade, 410
42	42	U.S. 113 (1973), because:
43	43	(A) there is no constitutional right to pay for
44	44	another person's abortion;
45	45	(B) abortion funds and their donors lack
46	46	third-party standing to assert the supposed constitutional rights
47	47	of women seeking abortions; and
48	48	(C) any immunity from prosecution that the
49	49	abortionist might have enjoyed on account of Roe does not preclude
50	50	the imposition of accomplice liability on abortion funds and their
51	51	donors;
52	52	(8) it is a federal crime to mail abortion-inducing
53	53	drugs or to receive them in the mail, punishable by five years
54	54	imprisonment, under 18 U.S.C. Section 1461;
55	55	(9) it is also a federal crime to transport
56	56	abortion-inducing drugs in interstate or foreign commerce under 18
57	57	U.S.C. Section 1462(c);
58	58	(10) these federal statutes are fully enforceable now
59	59	that Roe has been overruled, and the statute of limitations for each
60	60	of these crimes is five years;
61	61	(11) violations of 18 U.S.C. Sections 1461-1462 are
62	62	predicate offenses under the federal Racketeer Influenced and
63	63	Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), which
64	64	exposes distribution networks of abortion-inducing drugs and their
65	65	donors to civil racketeering liability as well as criminal
66	66	prosecution as a racketeering enterprise under federal law;
67	67	(12) the legislature calls on the attorney general and
68	68	each district attorney in this state to investigate and prosecute
69	69	abortion funds and each of their donors for aiding or abetting
70	70	criminal abortion in this state in violation of the laws of this
71	71	state; and
72	72	(13) the legislature calls on state and federal
73	73	prosecutors in this state to investigate and prosecute every
74	74	distribution network for abortion-inducing drugs under federal
75	75	racketeering laws as well as 18 U.S.C. Sections 1461-1462.
76	76	SECTION 3. Subtitle H, Title 2, Health and Safety Code, is
77	77	amended by adding Chapter 171A to read as follows:
78	78	CHAPTER 171A. ABORTION-INDUCING DRUGS AND FACILITATION OF
79	79	ABORTION; ENFORCEMENT OF ABORTION LAWS
80	80	SUBCHAPTER A. GENERAL PROVISIONS
81	81	Sec. 171A.001. DEFINITIONS. In this chapter:
82	82	(1) "Abortion" means the act of using, prescribing,
83	83	administering, procuring, or selling an instrument, medicine,
84	84	drug, or any other substance, device, or means with the purpose to
85	85	terminate a pregnancy of a woman, with knowledge that the
86	86	termination by any of those means will with reasonable likelihood
87	87	cause the death of a living human being in the womb. The term does
88	88	not include:
89	89	(A) in vitro fertilization or fertility
90	90	treatments of any type;
91	91	(B) the use, prescription, administration,
92	92	procuring, or selling of an emergency contraceptive, including Plan
93	93	B and morning-after pills, intrauterine devices, or any other type
94	94	of contraceptive; or
95	95	(C) an act performed with the purpose to:
96	96	(i) save the life or preserve the health of
97	97	the unborn child;
98	98	(ii) remove a dead unborn child caused by
99	99	spontaneous abortion; or
100	100	(iii) remove or treat an ectopic pregnancy.
101	101	(2) "Abortion-inducing drug" means a drug or
102	102	medication, including mifepristone and misoprostol, that is used to
103	103	terminate the life of an unborn child. The term does not include:
104	104	(A) an emergency contraceptive, including Plan B
105	105	and morning-after pills, intrauterine devices, or any other type of
106	106	contraceptive; or
107	107	(B) drugs or medications that are possessed or
108	108	distributed for a purpose that does not include the termination of a
109	109	pregnancy, including for the treatment of an unrelated medical
110	110	condition.
111	111	(3) "Abortion funds" means a corporation,
112	112	organization, government, governmental agency, business trust,
113	113	estate, trust, partnership, association, or any other legal entity
114	114	that:
115	115	(A) exists for the purpose of aiding or abetting
116	116	elective abortions; and
117	117	(B) pays for, reimburses, or subsidizes in any
118	118	way the costs associated with obtaining an elective abortion.
119	119	(4) "Abortion provider" means a person who performs
120	120	elective abortions.
121	121	(5) "Elective abortion" means an abortion other than
122	122	those performed or induced in response to a medical emergency.
123	123	(6) "Fertilization" means the fusion of a human
124	124	spermatozoon with a human ovum.
125	125	(7) "Governmental entity" means this state, a state
126	126	agency, or a political subdivision of this state.
127	127	(8) "Human being" means an individual member of the
128	128	species homo sapiens at any state of development beginning at
129	129	fertilization.
130	130	(9) "Information content provider" means a person who
131	131	is responsible, wholly or partly, for the creation or development
132	132	of information provided through the Internet or any other
133	133	interactive computer service.
134	134	(10) "Interactive computer service" means an
135	135	information service, system, or access software provider that
136	136	provides or enables computer access by multiple users to a computer
137	137	server, including specifically a service or system that provides
138	138	access to the Internet and such systems operated or services
139	139	offered by libraries or educational institutions.
140	140	(11) "Medical emergency" means a condition in which an
141	141	abortion is necessary to preserve the life of a pregnant woman whose
142	142	life is endangered by a physical disorder, physical illness, or
143	143	physical injury, including a life-endangering physical condition
144	144	caused by or arising from the pregnancy itself.
145	145	(12) "Unborn child" means an individual organism of
146	146	the species homo sapiens in any stage of gestation from
147	147	fertilization until live birth.
148	148	(13) "Woman" means an individual whose biological sex
149	149	is female, including an individual with XX chromosomes and an
150	150	individual with a uterus, regardless of any gender identity that
151	151	the individual attempts to assert or claim.
152	152	SUBCHAPTER B. PROTECTION FROM ABORTION-INDUCING DRUGS
153	153	Sec. 171A.051. PROHIBITIONS RELATED TO ABORTION-INDUCING
154	154	DRUGS. (a) Except as provided by Subsection (b), a person may not:
155	155	(1) manufacture, possess, or distribute an
156	156	abortion-inducing drug in this state;
157	157	(2) mail, transport, deliver, or provide an
158	158	abortion-inducing drug in any manner to or from any person or
159	159	location in this state;
160	160	(3) provide information on how to obtain an
161	161	abortion-inducing drug;
162	162	(4) create, edit, upload, publish, host, maintain, or
163	163	register a domain name for an Internet website, platform, or other
164	164	interactive computer service that assists or facilitates a person's
165	165	effort in obtaining an abortion-inducing drug;
166	166	(5) create, edit, program, or distribute any
167	167	application or software for use on a computer or an electronic
168	168	device that is intended to enable individuals to obtain an
169	169	abortion-inducing drug or to facilitate an individual's access to
170	170	an abortion-inducing drug; or
171	171	(6) engage in conduct that would make a person
172	172	criminally responsible under Chapter 7, Penal Code, as a party to a
173	173	criminal act described by Subdivision (1) or (2).
174	174	(b) Notwithstanding any other law, Subsection (a) does not
175	175	prohibit:
176	176	(1) speech or conduct protected by the First Amendment
177	177	of the United States Constitution, as made applicable to the states
178	178	through the United States Supreme Court's interpretation of the
179	179	Fourteenth Amendment of the United States Constitution or protected
180	180	by Section 8, Article I, Texas Constitution;
181	181	(2) conduct this state is prohibited from regulating
182	182	under federal law, including the United States Constitution;
183	183	(3) conduct engaged in by a pregnant woman who aborts
184	184	or attempts to abort the woman's unborn child;
185	185	(4) possessing, distributing, mailing, transporting,
186	186	delivering, or providing an abortion-inducing drug for a purpose
187	187	that does not include performing, inducing, or attempting an
188	188	abortion;
189	189	(5) possessing an abortion-inducing drug for purposes
190	190	of entrapping a person that violates this section;
191	191	(6) conduct engaged in by a person as directed by a
192	192	federal agency, contractor, or employee to carry out a duty under
193	193	federal law, if prohibiting that conduct would violate the
194	194	doctrines of preemption or intergovernmental immunity; or
195	195	(7) conduct described by Section 171A.201(a)(1), (2),
196	196	or (3).
197	197	SUBCHAPTER C. CIVIL LIABILITY FOR DISTRIBUTION OF
198	198	ABORTION-INDUCING DRUGS
199	199	Sec. 171A.101. CIVIL ACTION FOR DISTRIBUTION OF
200	200	ABORTION-INDUCING DRUGS. (a) Notwithstanding any other law and
201	201	except as provided by this section, a person who manufactures,
202	202	distributes, mails, transports, delivers, or provides an
203	203	abortion-inducing drug in violation of Section 171A.051 or who aids
204	204	or abets the manufacture, distribution, mailing, transportation,
205	205	delivery, or provision of an abortion-inducing drug in violation of
206	206	Section 171A.051, or who otherwise engages in any conduct
207	207	prohibited by Section 171A.051 is strictly and jointly and
208	208	severally liable for:
209	209	(1) the wrongful death of an unborn child or pregnant
210	210	woman from the use of the abortion-inducing drug; and
211	211	(2) personal injury of an unborn child or pregnant
212	212	woman from the use of the abortion-inducing drug.
213	213	(b) A claimant may not bring an action under this section if
214	214	the action is preempted by 47 U.S.C. Section 230(c).
215	215	(c) Notwithstanding any other law, a civil action may not be
216	216	brought under this section:
217	217	(1) against the woman who used or sought to obtain
218	218	abortion-inducing drugs to abort or attempt to abort her unborn
219	219	child;
220	220	(2) against a person that acted at the behest of a
221	221	federal agency, contractor, or employee who is carrying out duties
222	222	under federal law if the imposition of liability would violate the
223	223	doctrines of preemption or intergovernmental immunity; or
224	224	(3) by any person who impregnated the woman who used
225	225	abortion-inducing drugs through conduct constituting an offense
226	226	under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code,
227	227	or by another person who acts in concert or participation with that
228	228	person.
229	229	(d) Notwithstanding any other law, including rules of civil
230	230	procedure adopted under Chapter 26, Civil Practice and Remedies
231	231	Code, an action brought under this section may not be litigated on
232	232	behalf of a claimant class or a defendant class, and no court may
233	233	certify a class in the action.
234	234	Sec. 171A.102. DEFENSES. (a) It is an affirmative defense
235	235	to an action brought under Section 171A.101 that the defendant:
236	236	(1) was unaware that the defendant was engaged in the
237	237	conduct described by Section 171A.101(a); and
238	238	(2) took every reasonable precaution to ensure that
239	239	the defendant would not manufacture, distribute, mail, transport,
240	240	deliver, provide, or aid or abet the manufacture, distribution,
241	241	mail, transportation, delivery, or provision of abortion-inducing
242	242	drugs.
243	243	(b) A defendant has the burden of proving an affirmative
244	244	defense under Subsection (a) by a preponderance of the evidence.
245	245	(c) Notwithstanding any other law, the following are not a
246	246	defense to an action brought under this section:
247	247	(1) ignorance or mistake of law;
248	248	(2) a defendant's belief that the requirements or
249	249	provisions of this chapter are unconstitutional or were
250	250	unconstitutional;
251	251	(3) a defendant's reliance on a court decision that has
252	252	been vacated, reversed, or overruled on appeal or by a subsequent
253	253	court, even if that court decision had not been vacated, reversed,
254	254	or overruled when the cause of action accrued;
255	255	(4) a defendant's reliance on a state or federal court
256	256	decision that is not binding on the court in which the action has
257	257	been brought;
258	258	(5) a defendant's reliance on a federal statute,
259	259	agency rule or action, or treaty that has been repealed,
260	260	superseded, or declared invalid or unconstitutional, even if that
261	261	federal statute, agency rule or action, or treaty had not been
262	262	repealed, superseded, or declared invalid or unconstitutional when
263	263	the cause of action accrued;
264	264	(6) non-mutual issue preclusion or non-mutual claim
265	265	preclusion;
266	266	(7) the consent of the claimant or the unborn child's
267	267	mother to the abortion;
268	268	(8) contributory or comparative negligence;
269	269	(9) assumption of risk; or
270	270	(10) a claim that the enforcement of this chapter or
271	271	the imposition of civil liability against the defendant will
272	272	violate the constitutional rights of third parties.
273	273	Sec. 171A.103. APPORTIONED LIABILITY. Notwithstanding any
274	274	other law, if a claimant who brings an action under Section 171A.101
275	275	is unable to identify the specific manufacturer of the
276	276	abortion-inducing drug that caused the death or injury that is the
277	277	basis for the action, the liability is apportioned among all
278	278	manufacturers of abortion-inducing drugs in proportion to each
279	279	manufacturer's share of the market for abortion-inducing drugs.
280	280	Sec. 171A.104. STATUTE OF LIMITATIONS. Notwithstanding any
281	281	other law, a person may bring an action under Section 171A.101 not
282	282	later than the sixth anniversary of the date the cause of action
283	283	accrues.
284	284	Sec. 171A.105. WAIVER PROHIBITED. A waiver or purported
285	285	waiver of the right to bring an action under Section 171A.101 is
286	286	void as against public policy and is not enforceable in any court.
287	287	Sec. 171A.106. CONSTRUCTION OF SUBCHAPTER. This subchapter
288	288	may not be construed to impose liability on speech or conduct
289	289	protected by the First Amendment of the United States Constitution,
290	290	as made applicable to the states through the United States Supreme
291	291	Court's interpretation of the Fourteenth Amendment of the United
292	292	States Constitution or protected by Section 8, Article I, Texas
293	293	Constitution.
294	294	Sec. 171A.107. JURISDICTION; APPLICABILITY OF STATE LAW.
295	295	(a) Notwithstanding any other law, including Subchapter C, Chapter
296	296	17, Civil Practice and Remedies Code, the courts of this state have
297	297	personal jurisdiction over a defendant sued under Section 171A.101
298	298	to the maximum extent permitted by the Fourteenth Amendment to the
299	299	United States Constitution.
300	300	(b) Notwithstanding any other law, the law of this state
301	301	applies to the use of an abortion-inducing drug by a resident of
302	302	this state, regardless of where the use of the drug occurs, and to
303	303	an action brought under Section 171A.101 to the maximum extent
304	304	permitted by the United States Constitution.
305	305	(c) Chapters 27 and 110, Civil Practice and Remedies Code,
306	306	do not apply to an action brought under Section 171A.101.
307	307	SUBCHAPTER D. PRIVATE CIVIL ENFORCEMENT OF PROHIBITIONS RELATING
308	308	TO ABORTION-INDUCING DRUGS
309	309	Sec. 171A.151. CIVIL ACTION AUTHORIZED. (a) Except as
310	310	provided by this section, a person, other than this state, a
311	311	political subdivision of this state, and an officer or employee of
312	312	this state or a political subdivision of this state, has standing to
313	313	bring and may bring a civil action against a person who:
314	314	(1) violates Section 171A.051; or
315	315	(2) intends to violate Section 171A.051.
316	316	(b) A claimant may not bring an action under this section if
317	317	the action is preempted by 47 U.S.C. Section 230(c).
318	318	(c) Notwithstanding any other law, a civil action may not be
319	319	brought under this section:
320	320	(1) against the woman who used or sought to obtain
321	321	abortion-inducing drugs to abort or attempt to abort her unborn
322	322	child;
323	323	(2) against a person that acted at the behest of a
324	324	federal agency, contractor, or employee who is carrying out duties
325	325	under federal law if the imposition of liability would violate the
326	326	doctrines of preemption or intergovernmental immunity; or
327	327	(3) by any person who impregnated the woman who used
328	328	or sought to obtain abortion-inducing drugs through conduct
329	329	constituting an offense under Section 21.02, 21.11, 22.011, 22.021,
330	330	or 25.02, Penal Code, or by another person who acts in concert or
331	331	participation with that person.
332	332	(d) Notwithstanding any other law, including rules of civil
333	333	procedure adopted under Chapter 26, Civil Practice and Remedies
334	334	Code, an action brought under this section may not be litigated on
335	335	behalf of a claimant class or a defendant class, and no court may
336	336	certify a class in the action.
337	337	Sec. 171A.152. DEFENSES. (a) It is an affirmative defense
338	338	to an action brought under Section 171A.151 that the defendant:
339	339	(1) was unaware that the defendant was engaged in the
340	340	conduct prohibited by Section 171A.051; and
341	341	(2) took every reasonable precaution to ensure that
342	342	the defendant would not violate Section 171A.051.
343	343	(b) A defendant has the burden of proving an affirmative
344	344	defense under Subsection (a) by a preponderance of the evidence.
345	345	(c) Notwithstanding any other law, the following are not a
346	346	defense to an action brought under this section:
347	347	(1) ignorance or mistake of law;
348	348	(2) a defendant's belief that the requirements or
349	349	provisions of this chapter are unconstitutional or were
350	350	unconstitutional;
351	351	(3) a defendant's reliance on a court decision that has
352	352	been vacated, reversed, or overruled on appeal or by a subsequent
353	353	court, even if that court decision had not been vacated, reversed,
354	354	or overruled when the cause of action accrued;
355	355	(4) a defendant's reliance on a state or federal court
356	356	decision that is not binding on the court in which the action has
357	357	been brought;
358	358	(5) a defendant's reliance on a federal statute,
359	359	agency rule or action, or treaty that has been repealed,
360	360	superseded, or declared invalid or unconstitutional, even if that
361	361	federal statute, agency rule or action, or treaty had not been
362	362	repealed, superseded, or declared invalid or unconstitutional when
363	363	the cause of action accrued;
364	364	(6) non-mutual issue preclusion or non-mutual claim
365	365	preclusion;
366	366	(7) the consent of the claimant or the unborn child's
367	367	mother to the abortion;
368	368	(8) contributory or comparative negligence;
369	369	(9) assumption of risk; or
370	370	(10) a claim that the enforcement of this chapter or
371	371	the imposition of civil liability against the defendant will
372	372	violate the constitutional rights of third parties.
373	373	Sec. 171A.153. STATUTE OF LIMITATIONS. Notwithstanding any
374	374	other law, a person may bring an action under Section 171A.151 not
375	375	later than the sixth anniversary of the date the cause of action
376	376	accrues.
377	377	Sec. 171A.154. REMEDIES. (a) Except as provided by
378	378	Subsection (c), if a claimant prevails in an action brought under
379	379	Section 171A.151, the court shall award:
380	380	(1) injunctive relief sufficient to prevent the
381	381	defendant from violating Section 171A.051;
382	382	(2) nominal damages or compensatory damages if the
383	383	claimant has suffered injury or harm from the defendant's conduct,
384	384	including loss of consortium and emotional distress;
385	385	(3) statutory damages in an amount of not less than
386	386	$10,000 for each violation of Section 171A.051; and
387	387	(4) costs and reasonable attorney's fees.
388	388	(b) A court may not award relief under Subsection (a)(3) or
389	389	(a)(4) in response to a violation of Section 171A.051 if the
390	390	defendant demonstrates that a court has already ordered the
391	391	defendant to pay the full amount of statutory damages under
392	392	Subsection (a)(3) in another action for that particular violation.
393	393	(c) A court may not award costs or attorney's fees to a
394	394	defendant against whom an action is brought under Section 171A.151.
395	395	Sec. 171A.155. CONSTRUCTION OF SUBCHAPTER. This subchapter
396	396	may not be construed to impose liability on speech or conduct
397	397	protected by the First Amendment of the United States Constitution,
398	398	as made applicable to the states through the United States Supreme
399	399	Court's interpretation of the Fourteenth Amendment of the United
400	400	States Constitution or protected by Section 8, Article I, Texas
401	401	Constitution.
402	402	Sec. 171A.156. PUBLIC ENFORCEMENT PROHIBITED. (a)
403	403	Notwithstanding any other law, this state, a political subdivision
404	404	of this state, or an officer or employee of this state or a
405	405	political subdivision of this state may not:
406	406	(1) act in concert or participation with a claimant
407	407	bringing an action under Section 171A.151;
408	408	(2) establish or attempt to establish any type of
409	409	agency or fiduciary relationship with a claimant bringing an action
410	410	under Section 171A.151;
411	411	(3) make any attempt to control or influence a person's
412	412	decision to bring an action under Section 171A.151 or that person's
413	413	conduct of the litigation; or
414	414	(4) intervene in an action brought under Section
415	415	171A.151.
416	416	(b) This section does not prohibit a governmental entity or
417	417	officer or employee of a governmental entity from filing an amicus
418	418	curiae brief in an action brought under Section 171A.151 if the
419	419	entity, officer, or employee does not act in concert or
420	420	participation with the claimant.
421	421	Sec. 171A.157. JURISDICTION; APPLICABILITY OF STATE LAW.
422	422	(a) Notwithstanding any other law, including Subchapter C, Chapter
423	423	17, Civil Practice and Remedies Code, the courts of this state have
424	424	personal jurisdiction over a defendant sued under Section 171A.151
425	425	to the maximum extent permitted by the Fourteenth Amendment to the
426	426	United States Constitution.
427	427	(b) Notwithstanding any other law, the law of this state
428	428	applies to an action brought under Section 171A.151 to the maximum
429	429	extent permitted by the United States Constitution.
430	430	(c) Chapters 27 and 110, Civil Practice and Remedies Code,
431	431	do not apply to an action brought under Section 171A.151.
432	432	SUBCHAPTER E. PRIVATE CIVIL ENFORCEMENT AGAINST INTERACTIVE
433	433	COMPUTER SERVICES FACILITATING ABORTION
434	434	Sec. 171A.201. CIVIL ACTION AGAINST INTERACTIVE COMPUTER
435	435	SERVICE PROVIDER. (a) A person, other than this state, a political
436	436	subdivision of this state, and an officer or employee of this state
437	437	or a political subdivision of this state, has standing to bring and
438	438	may bring a civil action against a person who provides or maintains:
439	439	(1) an interactive computer service that allows
440	440	residents of this state to access information or material that
441	441	assists or facilitates efforts to obtain elective abortions or
442	442	abortion-inducing drugs;
443	443	(2) a platform for downloading any application or
444	444	software for use on a computer or electronic device that is designed
445	445	to assist or facilitate efforts to obtain elective abortions or
446	446	abortion-inducing drugs; or
447	447	(3) a platform that allows or enables those who
448	448	provide or aid or abet elective abortions, or those who
449	449	manufacture, distribute, mail, transport, deliver, or provide
450	450	abortion-inducing drugs, to collect money, digital currency,
451	451	resources, or any other thing of value in connection with that
452	452	conduct.
453	453	(b) Notwithstanding any other law, including rules of civil
454	454	procedure adopted under Chapter 26, Civil Practice and Remedies
455	455	Code, an action brought under this section may not be litigated on
456	456	behalf of a claimant class or a defendant class, and no court may
457	457	certify a class in the action.
458	458	Sec. 171A.202. DEFENSES. (a) It is an affirmative defense
459	459	to an action brought under Section 171A.201 that the defendant:
460	460	(1) was unaware that the defendant's interactive
461	461	computer service or platform was being used to assist or facilitate
462	462	efforts to obtain elective abortions or abortion-inducing drugs;
463	463	and
464	464	(2) on learning that the defendant's interactive
465	465	computer service or platform was being used to assist or facilitate
466	466	efforts to obtain elective abortions or abortion-inducing drugs,
467	467	took prompt action to:
468	468	(A) block access to any information, material,
469	469	application, or software that assists or facilitates efforts to
470	470	obtain elective abortions or abortion-inducing drugs; and
471	471	(B) block those who provide or aid or abet
472	472	elective abortions and those who manufacture, distribute, mail,
473	473	transport, deliver, or provide abortion-inducing drugs, from
474	474	collecting money, digital currency, resources, or any other thing
475	475	of value through its interactive computer service or platform.
476	476	(b) A defendant has the burden of proving an affirmative
477	477	defense under Subsection (a) by a preponderance of the evidence.
478	478	Sec. 171A.203. REMEDIES. (a) Except as provided by
479	479	Subsection (b), if a claimant prevails in an action brought under
480	480	Section 171A.201, the court shall award only declaratory or
481	481	injunctive relief. A court may not award:
482	482	(1) damages in the action, even if the claimant
483	483	demonstrates harm from the defendant's conduct; or
484	484	(2) a prevailing claimant's attorney's fees or costs.
485	485	(b) A court may not award relief under Subsection (a) if the
486	486	action was brought in response to:
487	487	(1) the exercise of a constitutional right that
488	488	belongs personally to the defendant;
489	489	(2) conduct engaged in at the direction of a federal
490	490	agency, contractor, or employee who is carrying out a duty under
491	491	federal law, if the relief authorized by Subsection (a) would
492	492	violate the doctrines of preemption or intergovernmental immunity;
493	493	or
494	494	(3) conduct engaged in by a woman who aborted or
495	495	attempted to abort her unborn child, if that woman is the named
496	496	defendant in the action.
497	497	Sec. 171A.204. RELATION TO OTHER INFORMATION CONTENT
498	498	PROVIDERS. A person who engages in conduct described by Section
499	499	171A.201(a)(1), (2), or (3) may not be:
500	500	(1) held vicariously liable for nominal, statutory, or
501	501	compensatory damages incurred by another information content
502	502	provider;
503	503	(2) held liable or legally responsible for the conduct
504	504	of a publisher or speaker of any information provided by another
505	505	information content provider; or
506	506	(3) treated as the speaker or publisher of any
507	507	information provided by another information content provider under
508	508	any provision of the laws of this state.
509	509	Sec. 171A.205. EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW.
510	510	(a) Notwithstanding any other law, conduct described by Section
511	511	171A.201(1), (2), or (3) is not subject to criminal, civil, or
512	512	administrative liability except solely through the private civil
513	513	action described by Section 171A.201. This state, a political
514	514	subdivision of this state, or an officer or employee of this state
515	515	or a political subdivision of this state may not take a direct or
516	516	indirect enforcement action under this subchapter against any
517	517	person, by any means.
518	518	(b) Except as provided by Subsection (c), a person may not
519	519	use conduct described by Section 171A.201(1), (2), or (3) as a
520	520	justification for the enforcement of any other law or any type of
521	521	adverse consequence under any other law except as provided by
522	522	Section 171A.201.
523	523	(c) This section does not preclude or limit the enforcement
524	524	of any other law or regulation against conduct that is
525	525	independently prohibited by that other law or regulation.
526	526	Sec. 171A.206. PUBLIC ENFORCEMENT PROHIBITED. (a)
527	527	Notwithstanding any other law, this state, a political subdivision
528	528	of this state, or an officer or employee of this state or a
529	529	political subdivision of this state may not:
530	530	(1) act in concert or participation with a claimant
531	531	bringing an action under Section 171A.201;
532	532	(2) establish or attempt to establish any type of
533	533	agency or fiduciary relationship with a claimant bringing an action
534	534	under Section 171A.201;
535	535	(3) make any attempt to control or influence a person's
536	536	decision to bring an action under Section 171A.201 or that person's
537	537	conduct of the litigation; or
538	538	(4) intervene in an action brought under Section
539	539	171A.201.
540	540	(b) This section does not prohibit a governmental entity or
541	541	officer or employee of a governmental entity from filing an amicus
542	542	curiae brief in an action brought under Section 171A.201 if the
543	543	entity, officer, or employee does not act in concert or
544	544	participation with the claimant.
545	545	Sec. 171A.207. JURISDICTION; APPLICABILITY OF STATE LAW.
546	546	(a) Notwithstanding any other law, including Subchapter C, Chapter
547	547	17, Civil Practice and Remedies Code, the courts of this state have
548	548	personal jurisdiction over a defendant sued under Section 171A.201
549	549	to the maximum extent permitted by the Fourteenth Amendment to the
550	550	United States Constitution.
551	551	(b) Notwithstanding any other law, the law of this state
552	552	applies to an action brought under Section 171A.201 to the maximum
553	553	extent permitted by the United States Constitution.
554	554	(c) Chapters 27 and 110, Civil Practice and Remedies Code,
555	555	do not apply to an action brought under Section 171A.151.
556	556	Sec. 171A.208. INTERACTIVE COMPUTER SERVICE USER OR
557	557	PROVIDER IMMUNITY FOR CERTAIN ACTIONS. Notwithstanding any other
558	558	law, a provider or user of an interactive computer service has
559	559	absolute and nonwaivable immunity from liability or suit for:
560	560	(1) an action taken to restrict access to or
561	561	availability of information or material that assists or facilitates
562	562	access to elective abortions or abortion-inducing drugs,
563	563	regardless of whether the information or material is
564	564	constitutionally protected;
565	565	(2) an action taken to enable or make available to
566	566	information content providers or others the technical means to
567	567	restrict access to information or material described by Subdivision
568	568	(1); or
569	569	(3) a denial of service to persons who provide or aid
570	570	or abet elective abortions or who manufacture, mail, distribute,
571	571	transport, or provide abortion-inducing drugs.
572	572	SUBCHAPTER F. PROVISIONS GENERALLY APPLICABLE TO CIVIL LIABILITY
573	573	FOR FACILITATING ABORTION
574	574	Sec. 171A.251. AFFIRMATIVE DEFENSE. (a) A defendant
575	575	against whom an action is brought under Section 171A.101, 171A.151,
576	576	or 171A.201 may assert an affirmative defense to liability under
577	577	this section if:
578	578	(1) the imposition of civil liability on the defendant
579	579	will violate constitutional or federally protected rights that
580	580	belong to the defendant personally; or
581	581	(2) the defendant:
582	582	(A) has standing to assert the rights of a third
583	583	party under the tests for third-party standing established by the
584	584	United States Supreme Court; and
585	585	(B) demonstrates that the imposition of civil
586	586	liability on the defendant will violate constitutional or federally
587	587	protected rights belonging to a third party.
588	588	(b) The defendant has the burden of proving an affirmative
589	589	defense described by Subsection (a) by a preponderance of the
590	590	evidence.
591	591	Sec. 171A.252. CONSTRUCTION OF CHAPTER WITH RESPECT TO
592	592	CIVIL LIABILITY AND ENFORCEMENT. This chapter may not be construed
593	593	to limit or preclude a defendant from asserting the
594	594	unconstitutionality of any provision or application of the laws of
595	595	this state as a defense to liability under Section 171A.101,
596	596	171A.151, or 171A.201 or from asserting any other defense that
597	597	might be available under any other source of law.
598	598	Sec. 171A.253. APPLICATION OF OTHER LAW. Notwithstanding
599	599	any other law, a court may not apply the law of another state or
600	600	jurisdiction to any civil action brought under Section 171A.101,
601	601	171A.151, or 171A.201 unless Article VI of the United States
602	602	Constitution compels it to do so.
603	603	Sec. 171A.254. VENUE. (a) Notwithstanding any other law, a
604	604	civil action brought under Section 171A.101, 171A.151, or 171A.201
605	605	must be brought in:
606	606	(1) the county in which all or a substantial part of
607	607	the events or omissions giving rise to the claim occurred;
608	608	(2) the county of a defendant's residence at the time
609	609	the cause of action accrued if a defendant is an individual;
610	610	(3) the county of the principal office in this state of
611	611	a defendant that is not an individual; or
612	612	(4) the county of the claimant's residence if the
613	613	claimant is an individual residing in this state.
614	614	(b) If a civil action is brought under Section 171A.101,
615	615	171A.151, or 171A.201 in a venue described by Subsection (a), the
616	616	action may not be transferred to a different venue without the
617	617	written consent of all parties.
618	618	Sec. 171A.255. PROTECTION FROM COUNTER ACTIONS. If an
619	619	action brought against a person or liability imposed in a judgment
620	620	entered against a person is wholly or partly based on the person's
621	621	decision to bring or threat to bring an action under Section
622	622	171A.101, 171A.151, or 171A.201, the person may recover damages
623	623	from the claimant who brought the action or obtained the judgment or
624	624	who has sought to enforce the judgment. The damages include:
625	625	(1) compensatory damages created by the action or
626	626	judgment, including money damages in an amount of the judgment and
627	627	costs, expenses, and reasonable attorney's fees spent in defending
628	628	the action;
629	629	(2) costs, expenses, and reasonable attorney's fees
630	630	incurred in bringing an action under this section; and
631	631	(3) additional statutory damages in an amount of not
632	632	less than $100,000.
633	633	SUBCHAPTER G. INTERNET SERVICE PROVIDER DUTIES
634	634	Sec. 171A.301. RESTRICTIONS ON ACCESS TO CERTAIN
635	635	INFORMATION AND MATERIALS ACCESSIBLE THROUGH CERTAIN INTERNET
636	636	WEBSITES. Each Internet service provider that provides Internet
637	637	services in this state shall make every reasonable and
638	638	technologically feasible effort to block Internet access to
639	639	information or material intended to assist or facilitate efforts to
640	640	obtain an elective abortion or an abortion-inducing drug, including
641	641	information or material accessible through:
642	642	(1) the following Internet websites:
643	643	(A) aidaccess.org;
644	644	(B) heyjane.co;
645	645	(C) plancpills.org;
646	646	(D) mychoix.co;
647	647	(E) justthepill.com; and
648	648	(F) carafem.org;
649	649	(2) an Internet website, platform, or other
650	650	interactive computer service operated by or on behalf of an
651	651	abortion provider or abortion fund;
652	652	(3) an Internet website, platform, or other
653	653	interactive computer service for downloading any application or
654	654	software for use on a computer or electronic device that is designed
655	655	to assist or facilitate efforts to obtain an elective abortion or an
656	656	abortion-inducing drug; or
657	657	(4) an Internet website, platform, or other
658	658	interactive computer service that allows or enables those who
659	659	provide or aid or abet elective abortions, or those who
660	660	manufacture, mail, distribute, transport, or provide
661	661	abortion-inducing drugs, to collect money, digital currency,
662	662	resources, or any other thing of value.
663	663	Sec. 171A.302. NOTIFICATION TO INTERNET SERVICE PROVIDER.
664	664	A person who becomes aware that information or material described
665	665	by Section 171A.301 is accessible through an Internet service
666	666	provider that provides Internet services in this state may notify
667	667	the provider and request that the provider block access to the
668	668	information or material in accordance with that section. A person
669	669	may provide the notification by:
670	670	(1) calling the provider's customer support number and
671	671	providing a precise description and location of the information or
672	672	material; or
673	673	(2) mailing a letter to the provider that includes a
674	674	precise description and location of the information or material.
675	675	Sec. 171A.303. PUBLIC ENFORCEMENT PROHIBITED. (a)
676	676	Notwithstanding any other law, direct or indirect enforcement of
677	677	this subchapter may not be taken or threatened by this state or a
678	678	political subdivision of this state, or by any officer, employee,
679	679	or agent of this state or a political subdivision of this state, by
680	680	any means.
681	681	(b) This state, a political subdivision of this state, or an
682	682	officer, employee, or agent of this state or a political
683	683	subdivision of this state may request or encourage an Internet
684	684	service provider to comply with the requirements of this
685	685	subchapter.
686	686	Sec. 171A.304. LIABILITY; RECOVERY OF DAMAGES. (a)
687	687	Notwithstanding any other law, an Internet service provider that
688	688	provides Internet services in this state has absolute and
689	689	nonwaivable immunity from liability or suit for:
690	690	(1) an action taken to comply with the requirements of
691	691	this subchapter, or to restrict access to or availability of the
692	692	information or material described by Section 171A.301;
693	693	(2) an action taken to enable or make available to
694	694	information content providers or others the technical means to
695	695	restrict access to information or material described by Section
696	696	171A.301; or
697	697	(3) a denial of service to persons who use or seek to
698	698	use the Internet to make available information or material
699	699	described by Section 171A.301.
700	700	(b) An Internet service provider against whom an action is
701	701	brought or a judgment is entered in state or federal court that is
702	702	wholly or partly based on the provider's compliance with the
703	703	requirements of this subchapter may recover damages from a claimant
704	704	that brought the action or obtained the judgment or who has sought
705	705	to enforce the judgment. The damages include:
706	706	(1) compensatory damages created by the action or
707	707	judgment, including money damages in an amount of the judgment, and
708	708	expenses and reasonable attorney's fees spent in defending the
709	709	action;
710	710	(2) costs, expenses, and reasonable attorney's fees
711	711	incurred in bringing an action under this section; and
712	712	(3) additional statutory damages in an amount of not
713	713	less than $100,000.
714	714	SUBCHAPTER H. CRIMINAL OFFENSES
715	715	Sec. 171A.351. OFFENSE: PAYING OR REIMBURSING ABORTION
716	716	COSTS. (a) A person that knowingly pays for or reimburses the
717	717	costs associated with obtaining an elective abortion performed on a
718	718	pregnant woman commits an offense. An offense under this
719	719	subsection is a felony of the second degree, except that the offense
720	720	is a felony of the first degree if an unborn child dies as a result
721	721	of the offense.
722	722	(b) The prohibition under Subsection (a) applies regardless
723	723	of:
724	724	(1) the individual on whom the elective abortion is
725	725	performed;
726	726	(2) the location at which the elective abortion is
727	727	performed;
728	728	(3) the law of the jurisdiction in which the elective
729	729	abortion is performed; and
730	730	(4) whether the payment or reimbursement is provided
731	731	directly or through an intermediary.
732	732	(c) The prohibition under Subsection (a) does not apply to a
733	733	pregnant woman on whom an elective abortion is performed or
734	734	attempted.
735	735	(d) The prohibition under Subsection (a) applies
736	736	extraterritorially to the maximum extent permitted by the United
737	737	States Constitution or the Texas Constitution.
738	738	Sec. 171A.352. OFFENSE: DESTROYING EVIDENCE OF ABORTION.
739	739	(a) A person commits an offense if the person knowingly or
740	740	recklessly conceals, destroys, or spoliates evidence of an elective
741	741	abortion performed or attempted:
742	742	(1) in this state; or
743	743	(2) on a resident of this state, regardless of whether
744	744	the person knew or should have known that the elective abortion was
745	745	performed or attempted on the resident.
746	746	(b) An offense under Subsection (a) is a felony of the
747	747	second degree, except that the offense is a felony of the first
748	748	degree if an unborn child dies as a result of the offense.
749	749	(c) The prohibition under Subsection (a) does not apply to a
750	750	pregnant woman on whom an elective abortion is performed or
751	751	attempted.
752	752	(d) The prohibition under Subsection (a) applies
753	753	extraterritorially to the maximum extent permitted by the United
754	754	States Constitution or the Texas Constitution.
755	755	SUBCHAPTER I. PROVISIONS RELATING TO ENFORCEMENT OF ABORTION LAWS
756	756	Sec. 171A.401. DEFINITION. In this subchapter, "abortion
757	757	law" means any law of this state regulating abortion, including
758	758	this chapter and Chapter 6-1/2, Title 71, Revised Statutes.
759	759	Sec. 171A.402. STATUTE OF LIMITATIONS. Notwithstanding any
760	760	other law, there is no applicable statute of limitations for an
761	761	offense committed under an abortion law.
762	762	Sec. 171A.403. CONCURRENT JURISDICTION OF ATTORNEY
763	763	GENERAL. Notwithstanding any other law, the attorney general has
764	764	concurrent jurisdiction to prosecute any abortion law and may
765	765	authorize a district attorney to investigate or prosecute a
766	766	violation of an abortion law if a local district attorney fails or
767	767	refuses to investigate or prosecute the violation.
768	768	Sec. 171A.404. ATTORNEY GENERAL ACTION FOR VIOLATION OF
769	769	CERTAIN ABORTION LAWS. (a) The attorney general has parens patriae
770	770	standing to bring an action under this section on behalf of unborn
771	771	children of residents of this state.
772	772	(b) The attorney general may bring an action for damages or
773	773	injunctive relief on behalf of an unborn child of a resident of this
774	774	state against a person who violates any abortion law of this state
775	775	except for Subchapter H, Chapter 171, or Subchapter B, C, or E of
776	776	this chapter.
777	777	Sec. 171A.405. FEE SHIFTING. (a) Notwithstanding any
778	778	other law, a person, including an entity, attorney, or law firm, who
779	779	brings an action seeking declaratory or injunctive relief to
780	780	prevent a person, including this state, a political subdivision of
781	781	this state, or an officer, employee, or agent of this state or a
782	782	political subdivision of this state, from enforcing or bringing an
783	783	action to enforce a law, including a statute, ordinance, rule, or
784	784	regulation, that regulates or restricts abortion or that limits
785	785	taxpayer funding for persons that perform or promote abortions in a
786	786	state or federal court or who represents a litigant seeking such
787	787	relief in a state or federal court is jointly and severally liable
788	788	to pay the costs and reasonable attorney's fees of the prevailing
789	789	party in the action seeking declaratory or injunctive relief.
790	790	(b) For purposes of this section, a party is considered a
791	791	prevailing party if a state or federal court:
792	792	(1) dismisses a claim or cause of action brought
793	793	against the party that seeks the declaratory or injunctive relief
794	794	described by Subsection (a), regardless of the reason for the
795	795	dismissal; or
796	796	(2) enters judgment in the party's favor on that claim
797	797	or cause of action.
798	798	(c) A prevailing party may recover costs and reasonable
799	799	attorney's fees under this section only to the extent that those
800	800	costs and attorney's fees were incurred while defending claims or
801	801	causes of action on which the party prevailed.
802	802	(d) Regardless of whether a prevailing party sought to
803	803	recover costs or attorney's fees in the underlying action, a
804	804	prevailing party under this section may bring a civil action to
805	805	recover costs and attorney's fees against a person, including an
806	806	entity, attorney, or law firm, who sought declaratory or injunctive
807	807	relief described by Subsection (a) not later than the third
808	808	anniversary of the date on which, as applicable:
809	809	(1) the dismissal or judgment described by Subsection
810	810	(b) becomes final on the conclusion of appellate review; or
811	811	(2) the time for seeking appellate review expires.
812	812	(e) It is not a defense to an action brought under
813	813	Subsection (d) that:
814	814	(1) a prevailing party under this section failed to
815	815	seek recovery of costs or attorney's fees in the underlying action;
816	816	(2) the court in the underlying action declined to
817	817	recognize or enforce this section; or
818	818	(3) the court in the underlying action held that any
819	819	provisions of this section are invalid, unconstitutional, or
820	820	preempted by federal law, notwithstanding the doctrines of issue or
821	821	claim preclusion.
822	822	SUBCHAPTER J. IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION
823	823	Sec. 171A.451. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
824	824	IMMUNITY. (a) Except as provided by Subsection (b) but
825	825	notwithstanding any other law, the state has sovereign immunity, a
826	826	political subdivision of this state has governmental immunity, and
827	827	an officer or employee of this state or a political subdivision of
828	828	this state has official immunity in an action, claim, counterclaim,
829	829	or any other type of legal or equitable action that:
830	830	(1) challenges the validity of any provision or
831	831	application of this chapter, on constitutional grounds or
832	832	otherwise; or
833	833	(2) seeks to prevent or enjoin this state, a political
834	834	subdivision of this state, or an officer or employee of this state
835	835	or a political subdivision of this state from:
836	836	(A) enforcing any provision or application of
837	837	this chapter; or
838	838	(B) hearing, adjudicating, or docketing a civil
839	839	action brought under Section 171A.101, 171A.151, or 171A.201.
840	840	(b) Subsection (a) does not apply to the extent that
841	841	immunity has been abrogated or preempted by federal law in a manner
842	842	consistent with the United States Constitution.
843	843	(c) Sovereign immunity conferred by this section includes
844	844	the constitutional sovereign immunity recognized by the United
845	845	States Supreme Court, which applies in both state and federal court
846	846	and may not be abrogated by Congress or by a state or federal court
847	847	except under legislation authorized by:
848	848	(1) Section 5 of the Fourteenth Amendment, United
849	849	States Constitution;
850	850	(2) the Bankruptcy Clause of Article I, United States
851	851	Constitution; or
852	852	(3) Congress's powers to raise and support armies and
853	853	to provide and maintain a navy.
854	854	Sec. 171A.452. APPLICABILITY OF IMMUNITY. Notwithstanding
855	855	any other law, the immunity conferred by Section 171A.451 applies
856	856	to every court, both state and federal, and in every type of
857	857	adjudicative proceeding.
858	858	Sec. 171A.453. CONSTRUCTION OF CHAPTER. This chapter may
859	859	not be construed to prevent a litigant from asserting the
860	860	invalidity or unconstitutionality of a provision or application of
861	861	this chapter as a defense to an action, claim, or counterclaim
862	862	brought against the litigant.
863	863	Sec. 171A.454. WAIVER OF IMMUNITY. (a) Notwithstanding
864	864	any other law, a provision of the laws of this state may not be
865	865	construed to waive or abrogate an immunity conferred by Section
866	866	171A.451 unless it expressly waives or abrogates immunity with
867	867	specific reference to that section.
868	868	(b) Notwithstanding any other law, an attorney representing
869	869	the state, a political subdivision of this state, or an officer or
870	870	employee of this state or a political subdivision of this state may
871	871	not waive an immunity conferred by Section 171A.451 or take an
872	872	action that would result in a waiver of that immunity. A purported
873	873	waiver or action described by this subsection is considered void
874	874	and an ultra vires act.
875	875	Sec. 171A.455. JURISDICTION. Notwithstanding any other
876	876	law, a court of this state does not have jurisdiction to consider
877	877	and may not award relief under any action, claim, or counterclaim
878	878	that:
879	879	(1) seeks declaratory or injunctive relief, or any
880	880	type of writ, that would pronounce any provision or application of
881	881	this subchapter invalid or unconstitutional; or
882	882	(2) would restrain a person, including this state, a
883	883	political subdivision of this state, or an officer or employee of
884	884	this state or a political subdivision of this state, from:
885	885	(A) enforcing any provision or application of
886	886	this chapter; or
887	887	(B) hearing, adjudicating, or docketing a civil
888	888	action brought under Section 171A.101, 171A.151, or 171A.201.
889	889	Sec. 171A.456. EFFECT OF CONTRARY JUDICIAL ACTIONS. (a)
890	890	Notwithstanding any other law, judicial relief issued by a court of
891	891	this state that disregards the immunity conferred by Section
892	892	171A.451 or the jurisdictional limitation described by Section
893	893	171A.455:
894	894	(1) is considered void because a court without
895	895	jurisdiction issued the relief; and
896	896	(2) may not be enforced or obeyed by an officer,
897	897	employee, or agent, including a judicial official, of this state or
898	898	a political subdivision of this state.
899	899	(b) Notwithstanding any other law, a writ, injunction, or
900	900	declaratory judgment issued by a court of this state that purports
901	901	to restrain a person, including the state, a political subdivision
902	902	of this state, or an officer or employee of this state or a
903	903	political subdivision of this state, from hearing, adjudicating,
904	904	docketing, or filing an action brought under Section 171A.101,
905	905	171A.151, or 171A.201:
906	906	(1) is considered void and a violation of the Due
907	907	Process Clause of the Fourteenth Amendment to the United States
908	908	Constitution; and
909	909	(2) may not be enforced or obeyed by an officer,
910	910	employee, or agent, including a judicial official, of this state or
911	911	a political subdivision of this state.
912	912	Sec. 171A.457. LIABILITY FOR VIOLATION. (a)
913	913	Notwithstanding any other law, a person may bring an action against
914	914	an officer, employee, or agent, including a judicial official, of
915	915	this state or a political subdivision of this state, who issues,
916	916	enforces, or obeys a writ, injunction, or declaratory judgment
917	917	described by Subsection (b) if the writ, injunction, or judgment
918	918	prevents or delays the person from bringing an action under Section
919	919	171A.101, 171A.151, or 171A.201.
920	920	(b) A claimant who prevails in an action brought under this
921	921	section is entitled to:
922	922	(1) injunctive relief;
923	923	(2) compensatory damages;
924	924	(3) exemplary damages of not less than $100,000; and
925	925	(4) costs and reasonable attorney's fees.
926	926	(c) Notwithstanding any other law, in an action brought
927	927	under this section, a person who violates Section 171A.455 or
928	928	171A.456(b):
929	929	(1) may not assert and is not entitled to any type of
930	930	immunity defense, including sovereign immunity, governmental
931	931	immunity, official immunity, or judicial immunity;
932	932	(2) may not be indemnified for an award of damages or
933	933	costs and attorney's fees entered against the person or for the
934	934	costs of the person's legal defense; and
935	935	(3) may not receive or obtain legal representation
936	936	from the attorney general.
937	937	Sec. 171A.458. ACTION TO RECOVER COSTS. (a)
938	938	Notwithstanding any other law, a claimant who brings an action
939	939	seeking a writ, injunction, or declaratory judgment that would
940	940	restrain a person from hearing, adjudicating, docketing, or filing
941	941	an action under Section 171A.101, 171A.151, or 171A.201 is liable
942	942	to the person for the person's costs and attorney's fees incurred in
943	943	connection with the action.
944	944	(b) A person entitled to recover costs and attorney's fees
945	945	under this section may bring an action in state or federal court.
946	946	(c) It is not a defense to an action brought under this
947	947	section that:
948	948	(1) the claimant failed to seek recovery of costs or
949	949	attorney's fees in the underlying action;
950	950	(2) the court in the underlying action declined to
951	951	recognize or enforce this section; or
952	952	(3) the court in the underlying action held that any
953	953	provisions of this section are invalid, unconstitutional, or
954	954	preempted by federal law, notwithstanding the doctrines of issue or
955	955	claim preclusion.
956	956	SECTION 4. Section 71.02(a), Penal Code, is amended to read
957	957	as follows:
958	958	(a) A person commits an offense if, with the intent to
959	959	establish, maintain, or participate in a combination or in the
960	960	profits of a combination or as a member of a criminal street gang,
961	961	the person commits or conspires to commit one or more of the
962	962	following:
963	963	(1) murder, capital murder, arson, aggravated
964	964	robbery, robbery, burglary, theft, aggravated kidnapping,
965	965	kidnapping, aggravated assault, aggravated sexual assault, sexual
966	966	assault, continuous sexual abuse of young child or disabled
967	967	individual, solicitation of a minor, forgery, deadly conduct,
968	968	assault punishable as a Class A misdemeanor, burglary of a motor
969	969	vehicle, or unauthorized use of a motor vehicle;
970	970	(2) any gambling offense punishable as a Class A
971	971	misdemeanor;
972	972	(3) promotion of prostitution, aggravated promotion
973	973	of prostitution, or compelling prostitution;
974	974	(4) unlawful manufacture, transportation, repair, or
975	975	sale of firearms or prohibited weapons;
976	976	(5) unlawful manufacture, delivery, dispensation, or
977	977	distribution of a controlled substance or dangerous drug, or
978	978	unlawful possession of a controlled substance or dangerous drug
979	979	through forgery, fraud, misrepresentation, or deception;
980	980	(5-a) causing the unlawful delivery, dispensation, or
981	981	distribution of a controlled substance or dangerous drug in
982	982	violation of Subtitle B, Title 3, Occupations Code;
983	983	(6) any unlawful wholesale promotion or possession of
984	984	any obscene material or obscene device with the intent to wholesale
985	985	promote the same;
986	986	(7) any offense under Subchapter B, Chapter 43,
987	987	depicting or involving conduct by or directed toward a child
988	988	younger than 18 years of age;
989	989	(8) any felony offense under Chapter 32;
990	990	(9) any offense under Chapter 36;
991	991	(10) any offense under Chapter 34, 35, or 35A;
992	992	(11) any offense under Section 37.11(a);
993	993	(12) any offense under Chapter 20A;
994	994	(13) any offense under Section 37.10;
995	995	(14) any offense under Section 38.06, 38.07, 38.09, or
996	996	38.11;
997	997	(15) any offense under Section 42.10;
998	998	(16) any offense under Section 46.06(a)(1) or 46.14;
999	999	(17) any offense under Section 20.05 or 20.06;
1000	1000	(18) any offense under Section 16.02; [or]
1001	1001	(19) any offense classified as a felony under the Tax
1002	1002	Code;
1003	1003	(20) a violation of 18 U.S.C. Section 1462(c);
1004	1004	(21) a violation of an abortion law under Chapter 170,
1005	1005	170A, 171, or 171A, Health and Safety Code, or Chapter 6-1/2, Title
1006	1006	71, Revised Statutes; and
1007	1007	(22) an offense under Chapter 28 directed at a church,
1008	1008	a crisis pregnancy center, an adoption agency, or an entity that
1009	1009	offers alternatives to abortion services.
1010	1010	SECTION 5. (a) Mindful of Leavitt v. Jane L., 518 U.S. 137
1011	1011	(1996), in which in the context of determining the severability of a
1012	1012	state statute regulating abortion the United States Supreme Court
1013	1013	held that an explicit statement of legislative intent is
1014	1014	controlling, it is the intent of the legislature that every
1015	1015	provision, section, subsection, sentence, clause, phrase, or word
1016	1016	in this Act, and every application of the provisions in this Act to
1017	1017	every person, group of persons, or circumstances, are severable
1018	1018	from each other.
1019	1019	(b) If any application of any provision in this Act to any
1020	1020	person, group of persons, or circumstances is found by a court to be
1021	1021	invalid, preempted, or unconstitutional, for any reason
1022	1022	whatsoever, then the remaining applications of that provision to
1023	1023	all other persons and circumstances shall be severed and preserved,
1024	1024	and shall remain in effect. All constitutionally valid
1025	1025	applications of the provisions in this Act shall be severed from any
1026	1026	applications that a court finds to be invalid, preempted, or
1027	1027	unconstitutional, because it is the legislature's intent and
1028	1028	priority that every single valid application of every statutory
1029	1029	provision be allowed to stand alone.
1030	1030	(c) The legislature further declares that it would have
1031	1031	enacted this Act, and each provision, section, subsection,
1032	1032	sentence, clause, phrase, or word, and all constitutional
1033	1033	applications of the provisions of this Act, irrespective of the
1034	1034	fact that any provision, section, subsection, sentence, clause,
1035	1035	phrase, or word, or applications of this Act were to be declared
1036	1036	invalid, preempted, or unconstitutional.
1037	1037	(d) If any provision of this Act is found by any court to be
1038	1038	unconstitutionally vague, then the applications of that provision
1039	1039	that do not present constitutional vagueness problems shall be
1040	1040	severed and remain in force, consistent with the severability
1041	1041	requirements of Subsections (a), (b), and (c) of this section.
1042	1042	(e) No court may decline to enforce the severability
1043	1043	requirements of Subsections (a), (b), (c), and (d) of this section
1044	1044	on the ground that severance would rewrite the statute or involve
1045	1045	the court in legislative or lawmaking activity. A court that
1046	1046	declines to enforce or enjoins a state official from enforcing a
1047	1047	statutory provision is not rewriting a statute or engaging in
1048	1048	legislative or lawmaking activity, as the statute continues to
1049	1049	contain the same words as before the court's decision. A judicial
1050	1050	injunction or declaration of unconstitutionality:
1051	1051	(1) is nothing more than an edict prohibiting
1052	1052	enforcement of the disputed statute against the named parties to
1053	1053	that lawsuit, which may subsequently be vacated by a later court if
1054	1054	that court has a different understanding of the requirements of the
1055	1055	Texas Constitution or United States Constitution;
1056	1056	(2) is not a formal amendment of the language in a
1057	1057	statute; and
1058	1058	(3) no more rewrites a statute than a decision by the
1059	1059	executive not to enforce a duly enacted statute in a limited and
1060	1060	defined set of circumstances.
1061	1061	(f) If any state or federal court disregards any of the
1062	1062	severability requirements in Subsections (a), (b), (c), (d), or (e)
1063	1063	of this section, and declares or finds any provision of this Act
1064	1064	facially invalid, preempted, or unconstitutional, when there are
1065	1065	discrete applications of that provision that can be enforced
1066	1066	against a person, a group of persons, or circumstances without
1067	1067	violating federal law or the United States Constitution or Texas
1068	1068	Constitution, then that provision shall be interpreted, as a matter
1069	1069	of state law, as if the legislature had enacted a provision limited
1070	1070	to the persons, group of persons, or circumstances for which the
1071	1071	provision's application will not violate federal law or the United
1072	1072	States Constitution or Texas Constitution, and every court shall
1073	1073	adopt this saving construction of that provision until the court
1074	1074	ruling that pronounced the provision facially invalid, preempted,
1075	1075	or unconstitutional is vacated or overruled.
1076	1076	SECTION 6. Chapter 171A, Health and Safety Code, as added by
1077	1077	this Act, applies only to a cause of action that accrues on or after
1078	1078	the effective date of this Act.
1079	1079	SECTION 7. Section 71.02, Penal Code, as amended by this
1080	1080	Act, applies only to an offense committed on or after the effective
1081	1081	date of this Act. An offense committed before the effective date of
1082	1082	this Act is governed by the law in effect on the date the offense was
1083	1083	committed, and the former law is continued in effect for that
1084	1084	purpose. For purposes of this section, an offense was committed
1085	1085	before the effective date of this Act if any element of the offense
1086	1086	occurred before that date.
1087	1087	SECTION 8. This Act takes effect September 1, 2023.