Texas 2023 - 88th 2nd C.S.

Texas House Bill HB21 Compare Versions

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1	1	88S20016 MZM-F
2	2	By: Toth H.B. No. 21
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil liability for the sterilization, castration, or
8	8	genital mutilation of children.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 74, Civil Practice and Remedies Code, is
11	11	amended by adding Subchapter M to read as follows:
12	12	SUBCHAPTER M. LIABILITY FOR STERILIZATION, CASTRATION, OR GENITAL
13	13	MUTILATION OF CHILDREN
14	14	Sec. 74.601. CAUSE OF ACTION. Notwithstanding any other
15	15	law, a person is strictly and jointly and severally liable to an
16	16	individual for personal injury to the individual resulting from
17	17	knowingly:
18	18	(1) prescribing puberty blockers or hormone therapy to
19	19	a minor for the purpose of transitioning a child's biological sex as
20	20	determined by the sex organs, chromosomes, and endogenous profiles
21	21	of the child or affirming the child's perception of the child's sex
22	22	if that perception is inconsistent with the child's biological sex;
23	23	(2) performing a sex-change operation on a minor; or
24	24	(3) aiding or abetting the conduct described by
25	25	Subdivision (1) or (2).
26	26	Sec. 74.602. STANDING AND DAMAGES. Notwithstanding any
27	27	other law, an individual described by Section 74.601 may bring an
28	28	action under this subchapter and is entitled to recover in the
29	29	action:
30	30	(1) nominal damages;
31	31	(2) compensatory damages;
32	32	(3) exemplary damages in an amount of not less than $10
33	33	million from each defendant if the conduct that is the basis for the
34	34	action resulted in the individual's irreversible sterilization or
35	35	sexual dysfunction; and
36	36	(4) costs and reasonable attorney's fees incurred in
37	37	bringing the action.
38	38	Sec. 74.603. LIMITATIONS. Notwithstanding any other law, a
39	39	person may bring an action under this subchapter not later than the
40	40	20th anniversary of the date the cause of action accrues.
41	41	Sec. 74.604. DEFENSES. (a) A defendant against whom an
42	42	action is brought under this subchapter may assert as an
43	43	affirmative defense to liability that:
44	44	(1) the imposition of civil liability on the defendant
45	45	will violate constitutional or federally protected rights that
46	46	belong to the defendant personally; or
47	47	(2) the defendant:
48	48	(A) has standing to assert the rights of a third
49	49	party under the tests for third-party standing established by the
50	50	United States Supreme Court; and
51	51	(B) demonstrates that the imposition of civil
52	52	liability on the defendant will violate constitutional or federally
53	53	protected rights belonging to that third party.
54	54	(b) Notwithstanding any other law, the following are not a
55	55	defense to an action brought under this subchapter:
56	56	(1) ignorance or mistake of law;
57	57	(2) a defendant's belief that the requirements or
58	58	provisions of this subchapter are unconstitutional or were
59	59	unconstitutional;
60	60	(3) a defendant's reliance on a court decision that has
61	61	been vacated, reversed, or overruled on appeal or by a subsequent
62	62	court, even if that court decision had not been vacated, reversed,
63	63	or overruled when the cause of action accrued;
64	64	(4) a defendant's reliance on any state or federal
65	65	court decision that is not binding on the court in which the action
66	66	has been brought;
67	67	(5) a defendant's reliance on any federal statute,
68	68	agency rule or action, or treaty that has been repealed,
69	69	superseded, or declared invalid or unconstitutional, even if that
70	70	federal statute, agency rule or action, or treaty had not been
71	71	repealed, superseded, or declared invalid or unconstitutional when
72	72	the cause of action accrued;
73	73	(6) non-mutual issue preclusion or non-mutual claim
74	74	preclusion;
75	75	(7) the consent to the defendant's conduct that is the
76	76	basis of the action by:
77	77	(A) the claimant;
78	78	(B) one or both of the parents of the claimant if
79	79	the claimant was an unemancipated minor; or
80	80	(C) the legal guardian or conservator of the
81	81	claimant;
82	82	(8) contributory or comparative negligence;
83	83	(9) assumption of risk;
84	84	(10) sovereign immunity, governmental immunity,
85	85	official immunity, or qualified immunity;
86	86	(11) the claimant's waiver or purported waiver of the
87	87	claimant's right to bring the action;
88	88	(12) the claimant's failure to exhaust administrative
89	89	remedies; or
90	90	(13) a claim that the enforcement of this subchapter
91	91	or the imposition of civil liability against the defendant will
92	92	violate the constitutional rights of third parties, except as
93	93	provided by Subsection (a)(2).
94	94	(c) A civil action under this subchapter may not be brought
95	95	against a person that acted at the behest of a federal agency,
96	96	contractor, or employee who is carrying out duties under federal
97	97	law if the imposition of liability would violate the doctrines of
98	98	preemption or intergovernmental immunity.
99	99	(d) Nothing in this section or subchapter shall limit or
100	100	preclude a defendant from asserting the unconstitutionality of any
101	101	provision or application of a law of this state as a defense to
102	102	liability, or from asserting any other defense that might be
103	103	available under any other source of law.
104	104	Sec. 74.605. LONG-ARM JURISDICTION. Notwithstanding any
105	105	other law, including Subchapter C, Chapter 17, the courts of this
106	106	state have personal jurisdiction over a defendant sued under this
107	107	subchapter to the maximum extent permitted by the Fourteenth
108	108	Amendment to the United States Constitution.
109	109	Sec. 74.606. VENUE. (a) Notwithstanding any other law,
110	110	including Chapter 15, a civil action brought under this subchapter
111	111	must be brought in:
112	112	(1) the county in which all or a substantial part of
113	113	the events or omissions giving rise to the claim occurred;
114	114	(2) the county of residence for any one of the natural
115	115	person defendants at the time the cause of action accrued;
116	116	(3) the county of the principal office in this state of
117	117	any one of the defendants that is not a natural person; or
118	118	(4) the county of residence for the claimant if the
119	119	claimant is a natural person residing in this state.
120	120	(b) Notwithstanding any other law, if a civil action is
121	121	brought under this subchapter in a venue described by Subsection
122	122	(a), the action may not be transferred to a different venue without
123	123	the written consent of all parties.
124	124	(c) Any contractual provision that purports to require a
125	125	civil action under this subchapter to be litigated in another venue
126	126	is void as against public policy, and may not be enforced in any
127	127	state or federal court.
128	128	Sec. 74.607. CHOICE OF LAW. (a) Notwithstanding any other
129	129	law, the law of this state applies to any gender-transitioning
130	130	treatment provided to a resident of this state, regardless of where
131	131	that treatment occurs, and to any civil action brought under this
132	132	subchapter, to the maximum extent permitted by the United States
133	133	Constitution and the Texas Constitution.
134	134	(b) Any contractual choice of law provision that purports to
135	135	require the law of another jurisdiction to govern a civil action
136	136	brought under this subchapter is void as against public policy and
137	137	may not be enforced in any state or federal court.
138	138	(c) This section applies extraterritorially to the maximum
139	139	extent permitted by the United States Constitution and the Texas
140	140	Constitution.
141	141	Sec. 74.608. PRIVATE ENFORCEMENT EXCLUSIVE.
142	142	Notwithstanding any other law, direct or indirect enforcement of
143	143	this subchapter may not be taken or threatened by the state, a
144	144	political subdivision, a district or county attorney, or an officer
145	145	of this state or a political subdivision against any person by any
146	146	means, and this subchapter may not be used to justify or trigger the
147	147	enforcement of any other law or any type of adverse consequence
148	148	under any other law, except as provided by this subchapter. This
149	149	section does not preclude or limit the enforcement of any other law
150	150	or regulation against conduct that is independently prohibited by
151	151	the law or regulation and that would remain prohibited by such other
152	152	law or regulation in the absence of this subchapter.
153	153	Sec. 74.609. IMMUNITY FROM SUIT. (a) Subject to Subsection
154	154	(b) but notwithstanding any other law, the state has sovereign
155	155	immunity, a political subdivision has governmental immunity, and an
156	156	officer or employee of this state or a political subdivision has
157	157	official immunity, as well as sovereign or governmental immunity,
158	158	as appropriate, in any action, claim, counterclaim, or any type of
159	159	legal or equitable action that:
160	160	(1) challenges the validity of any provision or
161	161	application of this subchapter, on constitutional grounds or
162	162	otherwise; or
163	163	(2) seeks to prevent or enjoin the state, a political
164	164	subdivision, or an officer or employee of this state or a political
165	165	subdivision from:
166	166	(A) enforcing any provision or application of
167	167	this subchapter; or
168	168	(B) hearing, adjudicating, or docketing a civil
169	169	action brought under this subchapter.
170	170	(b) Subsection (a) does not apply to the extent that
171	171	immunity has been abrogated or preempted by federal law in a manner
172	172	consistent with the United States Constitution.
173	173	(c) The sovereign immunity conferred by this section on the
174	174	state and its officers and employees includes the constitutional
175	175	sovereign immunity recognized by the United States Supreme Court,
176	176	which applies in both state and federal court and may not be
177	177	abrogated by Congress or by a state or federal court except under
178	178	legislation authorized by:
179	179	(1) Section 5 of the Fourteenth Amendment, United
180	180	States Constitution;
181	181	(2) the Bankruptcy Clause of Article I, United States
182	182	Constitution; or
183	183	(3) Congress's powers to raise and support armies and
184	184	to provide and maintain a navy.
185	185	(d) Notwithstanding any other law, the immunities conferred
186	186	by Subsection (a) shall apply in every court, both state and
187	187	federal, and in every type of adjudicative proceeding.
188	188	(e) Notwithstanding any other law, a provision of state law
189	189	may not be construed to waive or abrogate an immunity described by
190	190	Subsection (a) unless it expressly waives or abrogates immunity
191	191	with specific reference to this section.
192	192	(f) Notwithstanding any other law, an attorney representing
193	193	the state, a political subdivision, or an officer, employee, or
194	194	agent of this state or a political subdivision may not waive an
195	195	immunity described by Subsection (a) or take an action that would
196	196	result in a waiver of that immunity. A purported waiver or action
197	197	described by this subsection is void and considered an ultra vires
198	198	act.
199	199	Sec. 74.610. LIMITS ON STATE COURT JURISDICTION. (a)
200	200	Notwithstanding any other law, including Chapter 37 of this code
201	201	and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and
202	202	24.011, Government Code, a court of this state may not award
203	203	declaratory or injunctive relief, or any type of writ, that would:
204	204	(1) pronounce any provision or application of this
205	205	subchapter invalid or unconstitutional; or
206	206	(2) restrain the state, a political subdivision, an
207	207	officer, employee, or agent of this state or a political
208	208	subdivision, or any person from:
209	209	(A) enforcing any provision or application of
210	210	this subchapter; or
211	211	(B) hearing, adjudicating, docketing, or filing
212	212	a civil action brought under this subchapter.
213	213	(b) A court of this state does not have jurisdiction to
214	214	consider an action, claim, or counterclaim that seeks relief
215	215	described by Subsection (a).
216	216	(c) This subchapter may not be construed to prevent a
217	217	litigant from asserting the invalidity or unconstitutionality of a
218	218	provision or application of this subchapter as a defense to an
219	219	action, claim, or counterclaim brought against the litigant.
220	220	(d) Notwithstanding any other law, judicial relief issued
221	221	by a court of this state that disregards immunity conferred by
222	222	Section 74.609(a) or the jurisdictional limitations imposed by this
223	223	section:
224	224	(1) is void because the court is without jurisdiction;
225	225	and
226	226	(2) may not be enforced or obeyed by an officer,
227	227	employee, or agent of this state or a political subdivision,
228	228	judicial or otherwise.
229	229	(e) Notwithstanding any other law, a writ, injunction, or
230	230	declaratory judgment issued by a court of this state that purports
231	231	to restrain the state, a political subdivision, an officer,
232	232	employee, or agent of this state or a political subdivision, or any
233	233	person from hearing, adjudicating, docketing, or filing a civil
234	234	action brought under this subchapter is void and may not be enforced
235	235	or obeyed by an officer, employee, or agent of this state or a
236	236	political subdivision, judicial or otherwise.
237	237	(f) Notwithstanding any other law, an officer, employee, or
238	238	agent of this state or a political subdivision, judicial or
239	239	otherwise, who issues, enforces, or obeys a writ, injunction, or
240	240	declaratory judgment described by Subsection (a) is liable to any
241	241	person who is prevented from or delayed in bringing a civil action
242	242	under this subchapter. A claimant who prevails in an action brought
243	243	under this subsection is entitled to:
244	244	(1) injunctive relief;
245	245	(2) compensatory damages;
246	246	(3) exemplary damages of not less than $100,000; and
247	247	(4) costs and reasonable attorney's fees.
248	248	(g) Notwithstanding any other law, a person who violates
249	249	Subsection (a) or (e):
250	250	(1) may not assert and is not entitled to any type of
251	251	immunity defense, including sovereign immunity, governmental
252	252	immunity, official immunity, or judicial immunity;
253	253	(2) may not be indemnified for an award of damages or
254	254	costs and attorney's fees entered against the person or for the
255	255	costs of the person's legal defense; and
256	256	(3) may not receive or obtain legal representation
257	257	from the attorney general of this state in an action brought against
258	258	the person under Subsection (f).
259	259	(h) Notwithstanding any other law, a person who brings an
260	260	action and seeks any writ, injunction, or declaratory judgment that
261	261	would restrain any person from hearing, adjudicating, docketing, or
262	262	filing a civil action brought under this subchapter shall pay the
263	263	costs and attorney's fees of the person against whom the action is
264	264	brought. A person entitled to recover costs and attorney's fees
265	265	under this subsection may bring a civil action to recover these
266	266	costs and attorney's fees in state or federal court. It is not a
267	267	defense to a civil action brought under this subsection that:
268	268	(1) the claimant failed to seek recovery of costs or
269	269	attorney's fees in the underlying action;
270	270	(2) the court in the underlying action declined to
271	271	recognize or enforce the requirements of this section; or
272	272	(3) the court in the underlying action held that any
273	273	provision of this section is invalid, unconstitutional, or
274	274	preempted by federal law, notwithstanding the doctrines of issue or
275	275	claim preclusion.
276	276	SECTION 2. Subchapter M, Chapter 74, Civil Practice and
277	277	Remedies Code, as added by this Act, applies only to a cause of
278	278	action that accrues on or after the effective date of this Act.
279	279	SECTION 3. This Act takes effect immediately if it receives
280	280	a vote of two-thirds of all the members elected to each house, as
281	281	provided by Section 39, Article III, Texas Constitution. If this
282	282	Act does not receive the vote necessary for immediate effect, this
283	283	Act takes effect on the 91st day after the last day of the
284	284	legislative session.