By: Cain H.B. No. 3738
A BILL TO BE ENTITLED
AN ACT
relating to the validity and enforcement of laws restricting or
regulating abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 110, Civil Practice and Remedies Code,
is amended by adding Section 110.013 to read as follows:
Sec. 110.013. LAWS REGULATING OR RESTRICTING ABORTION NOT
AFFECTED. Notwithstanding any other law, nothing in this chapter
may be construed to limit in any way the validity or enforcement of
any law regulating or restricting abortion or any law that
withholds taxpayer funds from entities that perform or promote
abortions.
SECTION 2. Section 110.005(c), Civil Practice and Remedies
Code, is amended to read as follows:
(c) An action under this section must be brought in a state
or federal district court.
SECTION 3. Section 110.008, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 110.008. SOVEREIGN IMMUNITY WAIVED. (a) Subject to
Section 110.006 and except as provided by Subsection (b), sovereign
immunity to suit and from liability is waived and abolished in state
and federal court to the extent of liability created by Section
110.005, and no immunity defense may be invoked to prevent a
claimant from suing [may sue] a government agency for damages
allowed by that section, or from suing a government officer for
declaratory and injunctive relief allowed by Section 110.005,
notwithstanding any other law.
(b) Notwithstanding Subsection (a), this chapter does not
waive or abolish sovereign immunity to suit and from liability
under the Eleventh Amendment to the United States Constitution,
which prohibits the citizens of another state or the citizens or
subjects of a foreign state from suing this state or any arm of this
state in federal court.
SECTION 4. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and to
this end the provisions of this Act are declared to be severable.
SECTION 5. This Act takes effect September 1, 2023.