| 1 | 1 | | 88R10301 JG-D |
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| 2 | 2 | | By: Tinderholt H.B. No. 2813 |
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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 a restriction on a company's facilitation of an |
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| 8 | 8 | | employee's travel to obtain an abortion outside of this state. |
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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. Subchapter A, Chapter 171, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 171.009 to read as follows: |
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| 12 | 12 | | Sec. 171.009. RESTRICTION ON COMPANY'S FACILITATION OF |
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| 13 | 13 | | TRAVEL TO OBTAIN ABORTION OUTSIDE THIS STATE. (a) In this section, |
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| 14 | 14 | | "governing person" has the meaning assigned by Section 1.002, |
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| 15 | 15 | | Business Organizations Code. |
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| 16 | 16 | | (b) A governing person of a company doing business in this |
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| 17 | 17 | | state who facilitates travel of an employee of the company outside |
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| 18 | 18 | | of this state to obtain an abortion is considered in breach of the |
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| 19 | 19 | | person's fiduciary duty to the company. |
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| 20 | 20 | | (c) The company, the company's shareholders, or another |
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| 21 | 21 | | aggrieved person may bring any action or derivative action |
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| 22 | 22 | | available under the laws of this state against the governing person |
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| 23 | 23 | | for breach of the fiduciary duty described by Subsection (b). |
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| 24 | 24 | | (d) The business judgment rule is not a defense to liability |
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| 25 | 25 | | in an action brought under this section. |
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| 26 | 26 | | SECTION 2. Section 171.009, Health and Safety Code, as |
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| 27 | 27 | | added by this Act, applies only to conduct that occurs on or after |
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| 28 | 28 | | the effective date of this Act. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2023. |
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