88R10301 JG-D
By: Tinderholt H.B. No. 2813
A BILL TO BE ENTITLED
AN ACT
relating to a restriction on a company's facilitation of an
employee's travel to obtain an abortion outside of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 171, Health and Safety
Code, is amended by adding Section 171.009 to read as follows:
Sec. 171.009. RESTRICTION ON COMPANY'S FACILITATION OF
TRAVEL TO OBTAIN ABORTION OUTSIDE THIS STATE. (a) In this section,
"governing person" has the meaning assigned by Section 1.002,
Business Organizations Code.
(b) A governing person of a company doing business in this
state who facilitates travel of an employee of the company outside
of this state to obtain an abortion is considered in breach of the
person's fiduciary duty to the company.
(c) The company, the company's shareholders, or another
aggrieved person may bring any action or derivative action
available under the laws of this state against the governing person
for breach of the fiduciary duty described by Subsection (b).
(d) The business judgment rule is not a defense to liability
in an action brought under this section.
SECTION 2. Section 171.009, Health and Safety Code, as
added by this Act, applies only to conduct that occurs on or after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.