| 1 | 1 | | By: Cain H.B. No. 3738 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the validity and enforcement of laws restricting or |
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| 7 | 7 | | regulating abortion. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 110, Civil Practice and Remedies Code, |
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| 10 | 10 | | is amended by adding Section 110.013 to read as follows: |
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| 11 | 11 | | Sec. 110.013. LAWS REGULATING OR RESTRICTING ABORTION NOT |
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| 12 | 12 | | AFFECTED. Notwithstanding any other law, nothing in this chapter |
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| 13 | 13 | | may be construed to limit in any way the validity or enforcement of |
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| 14 | 14 | | any law regulating or restricting abortion or any law that |
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| 15 | 15 | | withholds taxpayer funds from entities that perform or promote |
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| 16 | 16 | | abortions. |
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| 17 | 17 | | SECTION 2. Section 110.005(c), Civil Practice and Remedies |
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| 18 | 18 | | Code, is amended to read as follows: |
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| 19 | 19 | | (c) An action under this section must be brought in a state |
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| 20 | 20 | | or federal district court. |
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| 21 | 21 | | SECTION 3. Section 110.008, Civil Practice and Remedies |
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| 22 | 22 | | Code, is amended to read as follows: |
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| 23 | 23 | | Sec. 110.008. SOVEREIGN IMMUNITY WAIVED. (a) Subject to |
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| 24 | 24 | | Section 110.006 and except as provided by Subsection (b), sovereign |
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| 25 | 25 | | immunity to suit and from liability is waived and abolished in state |
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| 26 | 26 | | and federal court to the extent of liability created by Section |
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| 27 | 27 | | 110.005, and no immunity defense may be invoked to prevent a |
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| 28 | 28 | | claimant from suing [may sue] a government agency for damages |
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| 29 | 29 | | allowed by that section, or from suing a government officer for |
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| 30 | 30 | | declaratory and injunctive relief allowed by Section 110.005, |
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| 31 | 31 | | notwithstanding any other law. |
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| 32 | 32 | | (b) Notwithstanding Subsection (a), this chapter does not |
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| 33 | 33 | | waive or abolish sovereign immunity to suit and from liability |
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| 34 | 34 | | under the Eleventh Amendment to the United States Constitution, |
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| 35 | 35 | | which prohibits the citizens of another state or the citizens or |
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| 36 | 36 | | subjects of a foreign state from suing this state or any arm of this |
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| 37 | 37 | | state in federal court. |
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| 38 | 38 | | SECTION 4. If any provision of this Act or its application |
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| 39 | 39 | | to any person or circumstance is held invalid, the invalidity does |
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| 40 | 40 | | not affect other provisions or applications of this Act that can be |
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| 41 | 41 | | given effect without the invalid provision or application, and to |
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| 42 | 42 | | this end the provisions of this Act are declared to be severable. |
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| 43 | 43 | | SECTION 5. This Act takes effect September 1, 2023. |
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