Texas 2023 - 88th 3rd C.S.

Texas House Bill HB111 Compare Versions

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1	1	By: Toth H.B. No. 111
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to abortion, including civil liability for distribution of
7	7	abortion-inducing drugs and duties of Internet service providers;
8	8	creating a criminal offense; authorizing a private civil right of
9	9	action.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act shall be known as the Women and Child
12	12	Safety Act.
13	13	SECTION 2. The legislature finds that:
14	14	(1) human life begins at fertilization;
15	15	(2) abortion is a murderous act of violence that
16	16	purposefully and knowingly terminates a human life in the womb;
17	17	(3) unborn human beings are entitled to the full and
18	18	equal protection of the laws that prohibit violence against other
19	19	human beings;
20	20	(4) the United States Supreme Court's ruling in Dobbs
21	21	v. Jackson Women's Health Organization, No. 19-1392 (U.S. June 24,
22	22	2022), correctly overruled the lawless and unconstitutional
23	23	pronouncements in Roe v. Wade, 410 U.S. 113 (1973) and Planned
24	24	Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833 (1992),
25	25	which had invented and perpetuated a supposed constitutional right
26	26	to abortion that cannot be found anywhere in the text of the United
27	27	States Constitution;
28	28	(5) so-called abortion funds that operate in this
29	29	state have been funding and otherwise aiding or abetting criminal
30	30	abortions performed in violation of the laws of this state,
31	31	exposing themselves and each of their donors to felony criminal
32	32	prosecution;
33	33	(6) the abortion funds and their donors are not and
34	34	never were protected by an injunction in any abortion-related case
35	35	because they are not parties to those cases, and there has never
36	36	been an injunction that restrains a state official from prosecuting
37	37	abortion funds and their donors who aided or abetted abortions
38	38	performed in violation of the laws of this state;
39	39	(7) the abortion funds and their donors are not and
40	40	never were protected from criminal prosecution by Roe v. Wade, 410
41	41	U.S. 113 (1973), because:
42	42	(A) there is no constitutional right to pay for
43	43	another person's abortion;
44	44	(B) abortion funds and their donors lack
45	45	third-party standing to assert the supposed constitutional rights
46	46	of women seeking abortions; and
47	47	(C) any immunity from prosecution that the
48	48	abortionist might have enjoyed on account of Roe does not preclude
49	49	the imposition of accomplice liability on abortion funds and their
50	50	donors;
51	51	(8) it is a federal crime to mail abortion-inducing
52	52	drugs or to receive them in the mail, punishable by five years
53	53	imprisonment, under 18 U.S.C. Section 1461;
54	54	(9) it is also a federal crime to transport
55	55	abortion-inducing drugs in interstate or foreign commerce under 18
56	56	U.S.C. Section 1462(c);
57	57	(10) these federal statutes are fully enforceable now
58	58	that Roe has been overruled, and the statute of limitations for each
59	59	of these crimes is five years;
60	60	(11) violations of 18 U.S.C. Sections 1461-1462 are
61	61	predicate offenses under the federal Racketeer Influenced and
62	62	Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), which
63	63	exposes distribution networks of abortion-inducing drugs and their
64	64	donors to civil racketeering liability as well as criminal
65	65	prosecution as a racketeering enterprise under federal law;
66	66	(12) the legislature calls on the attorney general and
67	67	each district attorney in this state to investigate and prosecute
68	68	abortion funds and each of their donors for aiding or abetting
69	69	criminal abortion in this state in violation of the laws of this
70	70	state; and
71	71	(13) the legislature calls on state and federal
72	72	prosecutors in this state to investigate and prosecute every
73	73	distribution network for abortion-inducing drugs under federal
74	74	racketeering laws as well as 18 U.S.C. Sections 1461-1462.
75	75	SECTION 3. Subtitle H, Title 2, Health and Safety Code, is
76	76	amended by adding Chapter 171A to read as follows:
77	77	CHAPTER 171A. ABORTION-INDUCING DRUGS AND FACILITATION OF
78	78	ABORTION; ENFORCEMENT OF ABORTION LAWS
79	79	SUBCHAPTER A. GENERAL PROVISIONS
80	80	Sec. 171A.001. DEFINITIONS. In this chapter:
81	81	(1) "Abortion" means the act of using, prescribing,
82	82	administering, procuring, or selling an instrument, medicine,
83	83	drug, or any other substance, device, or means with the purpose to
84	84	terminate a pregnancy of a woman, with knowledge that the
85	85	termination by any of those means will with reasonable likelihood
86	86	cause the death of a living human being in the womb. The term does
87	87	not include:
88	88	(A) in vitro fertilization or fertility
89	89	treatments of any type;
90	90	(B) the use, prescription, administration,
91	91	procuring, or selling of an emergency contraceptive, including Plan
92	92	B and morning-after pills, intrauterine devices, or any other type
93	93	of contraceptive; or
94	94	(C) an act performed with the purpose to:
95	95	(i) save the life or preserve the health of
96	96	the unborn child;
97	97	(ii) remove a dead unborn child caused by
98	98	spontaneous abortion; or
99	99	(iii) remove or treat an ectopic pregnancy.
100	100	(2) "Abortion-inducing drug" means a drug or
101	101	medication, including mifepristone and misoprostol, that is used to
102	102	terminate the life of an unborn child. The term does not include:
103	103	(A) an emergency contraceptive, including Plan B
104	104	and morning-after pills, intrauterine devices, or any other type of
105	105	contraceptive; or
106	106	(B) drugs or medications that are possessed or
107	107	distributed for a purpose that does not include the termination of a
108	108	pregnancy, including for the treatment of an unrelated medical
109	109	condition.
110	110	(3) "Abortion funds" means a corporation,
111	111	organization, government, governmental agency, business trust,
112	112	estate, trust, partnership, association, or any other legal entity
113	113	that:
114	114	(A) exists for the purpose of aiding or abetting
115	115	elective abortions; and
116	116	(B) pays for, reimburses, or subsidizes in any
117	117	way the costs associated with obtaining an elective abortion.
118	118	(4) "Abortion provider" means a person who performs
119	119	elective abortions.
120	120	(5) "Elective abortion" means an abortion other than
121	121	those performed or induced in response to a medical emergency.
122	122	(6) "Fertilization" means the fusion of a human
123	123	spermatozoon with a human ovum.
124	124	(7) "Governmental entity" means this state, a state
125	125	agency, or a political subdivision of this state.
126	126	(8) "Human being" means an individual member of the
127	127	species homo sapiens at any state of development beginning at
128	128	fertilization.
129	129	(9) "Information content provider" means a person who
130	130	is responsible, wholly or partly, for the creation or development
131	131	of information provided through the Internet or any other
132	132	interactive computer service.
133	133	(10) "Interactive computer service" means an
134	134	information service, system, or access software provider that
135	135	provides or enables computer access by multiple users to a computer
136	136	server, including specifically a service or system that provides
137	137	access to the Internet and such systems operated or services
138	138	offered by libraries or educational institutions.
139	139	(11) "Medical emergency" means a condition in which an
140	140	abortion is necessary to preserve the life of a pregnant woman whose
141	141	life is endangered by a physical disorder, physical illness, or
142	142	physical injury, including a life-endangering physical condition
143	143	caused by or arising from the pregnancy itself.
144	144	(12) "Unborn child" means an individual organism of
145	145	the species homo sapiens in any stage of gestation from
146	146	fertilization until live birth.
147	147	(13) "Woman" means an individual whose biological sex
148	148	is female, including an individual with XX chromosomes and an
149	149	individual with a uterus, regardless of any gender identity that
150	150	the individual attempts to assert or claim.
151	151	SUBCHAPTER B. PROTECTION FROM ABORTION-INDUCING DRUGS
152	152	Sec. 171A.051. PROHIBITIONS RELATED TO ABORTION-INDUCING
153	153	DRUGS. (a) Except as provided by Subsection (b), a person may not:
154	154	(1) manufacture, possess, or distribute an
155	155	abortion-inducing drug in this state;
156	156	(2) mail, transport, deliver, or provide an
157	157	abortion-inducing drug in any manner to or from any person or
158	158	location in this state;
159	159	(3) provide information on how to obtain an
160	160	abortion-inducing drug;
161	161	(4) create, edit, upload, publish, host, maintain, or
162	162	register a domain name for an Internet website, platform, or other
163	163	interactive computer service that assists or facilitates a person's
164	164	effort in obtaining an abortion-inducing drug;
165	165	(5) create, edit, program, or distribute any
166	166	application or software for use on a computer or an electronic
167	167	device that is intended to enable individuals to obtain an
168	168	abortion-inducing drug or to facilitate an individual's access to
169	169	an abortion-inducing drug; or
170	170	(6) engage in conduct that would make a person
171	171	criminally responsible under Chapter 7, Penal Code, as a party to a
172	172	criminal act described by Subdivision (1) or (2).
173	173	(b) Notwithstanding any other law, Subsection (a) does not
174	174	prohibit:
175	175	(1) speech or conduct protected by the First Amendment
176	176	of the United States Constitution, as made applicable to the states
177	177	through the United States Supreme Court's interpretation of the
178	178	Fourteenth Amendment of the United States Constitution or protected
179	179	by Section 8, Article I, Texas Constitution;
180	180	(2) conduct this state is prohibited from regulating
181	181	under federal law, including the United States Constitution;
182	182	(3) conduct engaged in by a pregnant woman who aborts
183	183	or attempts to abort the woman's unborn child;
184	184	(4) possessing, distributing, mailing, transporting,
185	185	delivering, or providing an abortion-inducing drug for a purpose
186	186	that does not include performing, inducing, or attempting an
187	187	abortion;
188	188	(5) possessing an abortion-inducing drug for purposes
189	189	of entrapping a person that violates this section;
190	190	(6) conduct engaged in by a person as directed by a
191	191	federal agency, contractor, or employee to carry out a duty under
192	192	federal law, if prohibiting that conduct would violate the
193	193	doctrines of preemption or intergovernmental immunity; or
194	194	(7) conduct described by Section 171A.201(a)(1), (2),
195	195	or (3).
196	196	SUBCHAPTER C. CIVIL LIABILITY FOR DISTRIBUTION OF
197	197	ABORTION-INDUCING DRUGS
198	198	Sec. 171A.101. CIVIL ACTION FOR DISTRIBUTION OF
199	199	ABORTION-INDUCING DRUGS. (a) Notwithstanding any other law and
200	200	except as provided by this section, a person who manufactures,
201	201	distributes, mails, transports, delivers, or provides an
202	202	abortion-inducing drug in violation of Section 171A.051 or who aids
203	203	or abets the manufacture, distribution, mailing, transportation,
204	204	delivery, or provision of an abortion-inducing drug in violation of
205	205	Section 171A.051, or who otherwise engages in any conduct
206	206	prohibited by Section 171A.051 is strictly and jointly and
207	207	severally liable for:
208	208	(1) the wrongful death of an unborn child or pregnant
209	209	woman from the use of the abortion-inducing drug; and
210	210	(2) personal injury of an unborn child or pregnant
211	211	woman from the use of the abortion-inducing drug.
212	212	(b) A claimant may not bring an action under this section if
213	213	the action is preempted by 47 U.S.C. Section 230(c).
214	214	(c) Notwithstanding any other law, a civil action may not be
215	215	brought under this section:
216	216	(1) against the woman who used or sought to obtain
217	217	abortion-inducing drugs to abort or attempt to abort her unborn
218	218	child;
219	219	(2) against a person that acted at the behest of a
220	220	federal agency, contractor, or employee who is carrying out duties
221	221	under federal law if the imposition of liability would violate the
222	222	doctrines of preemption or intergovernmental immunity; or
223	223	(3) by any person who impregnated the woman who used
224	224	abortion-inducing drugs through conduct constituting an offense
225	225	under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code,
226	226	or by another person who acts in concert or participation with that
227	227	person.
228	228	(d) Notwithstanding any other law, including rules of civil
229	229	procedure adopted under Chapter 26, Civil Practice and Remedies
230	230	Code, an action brought under this section may not be litigated on
231	231	behalf of a claimant class or a defendant class, and no court may
232	232	certify a class in the action.
233	233	Sec. 171A.102. DEFENSES. (a) It is an affirmative defense
234	234	to an action brought under Section 171A.101 that the defendant:
235	235	(1) was unaware that the defendant was engaged in the
236	236	conduct described by Section 171A.101(a); and
237	237	(2) took every reasonable precaution to ensure that
238	238	the defendant would not manufacture, distribute, mail, transport,
239	239	deliver, provide, or aid or abet the manufacture, distribution,
240	240	mail, transportation, delivery, or provision of abortion-inducing
241	241	drugs.
242	242	(b) A defendant has the burden of proving an affirmative
243	243	defense under Subsection (a) by a preponderance of the evidence.
244	244	(c) Notwithstanding any other law, the following are not a
245	245	defense to an action brought under this section:
246	246	(1) ignorance or mistake of law;
247	247	(2) a defendant's belief that the requirements or
248	248	provisions of this chapter are unconstitutional or were
249	249	unconstitutional;
250	250	(3) a defendant's reliance on a court decision that has
251	251	been vacated, reversed, or overruled on appeal or by a subsequent
252	252	court, even if that court decision had not been vacated, reversed,
253	253	or overruled when the cause of action accrued;
254	254	(4) a defendant's reliance on a state or federal court
255	255	decision that is not binding on the court in which the action has
256	256	been brought;
257	257	(5) a defendant's reliance on a federal statute,
258	258	agency rule or action, or treaty that has been repealed,
259	259	superseded, or declared invalid or unconstitutional, even if that
260	260	federal statute, agency rule or action, or treaty had not been
261	261	repealed, superseded, or declared invalid or unconstitutional when
262	262	the cause of action accrued;
263	263	(6) non-mutual issue preclusion or non-mutual claim
264	264	preclusion;
265	265	(7) the consent of the claimant or the unborn child's
266	266	mother to the abortion;
267	267	(8) contributory or comparative negligence;
268	268	(9) assumption of risk; or
269	269	(10) a claim that the enforcement of this chapter or
270	270	the imposition of civil liability against the defendant will
271	271	violate the constitutional rights of third parties.
272	272	Sec. 171A.103. APPORTIONED LIABILITY. Notwithstanding any
273	273	other law, if a claimant who brings an action under Section 171A.101
274	274	is unable to identify the specific manufacturer of the
275	275	abortion-inducing drug that caused the death or injury that is the
276	276	basis for the action, the liability is apportioned among all
277	277	manufacturers of abortion-inducing drugs in proportion to each
278	278	manufacturer's share of the market for abortion-inducing drugs.
279	279	Sec. 171A.104. STATUTE OF LIMITATIONS. Notwithstanding any
280	280	other law, a person may bring an action under Section 171A.101 not
281	281	later than the sixth anniversary of the date the cause of action
282	282	accrues.
283	283	Sec. 171A.105. WAIVER PROHIBITED. A waiver or purported
284	284	waiver of the right to bring an action under Section 171A.101 is
285	285	void as against public policy and is not enforceable in any court.
286	286	Sec. 171A.106. CONSTRUCTION OF SUBCHAPTER. This subchapter
287	287	may not be construed to impose liability on speech or conduct
288	288	protected by the First Amendment of the United States Constitution,
289	289	as made applicable to the states through the United States Supreme
290	290	Court's interpretation of the Fourteenth Amendment of the United
291	291	States Constitution or protected by Section 8, Article I, Texas
292	292	Constitution.
293	293	Sec. 171A.107. JURISDICTION; APPLICABILITY OF STATE LAW.
294	294	(a) Notwithstanding any other law, including Subchapter C, Chapter
295	295	17, Civil Practice and Remedies Code, the courts of this state have
296	296	personal jurisdiction over a defendant sued under Section 171A.101
297	297	to the maximum extent permitted by the Fourteenth Amendment to the
298	298	United States Constitution.
299	299	(b) Notwithstanding any other law, the law of this state
300	300	applies to the use of an abortion-inducing drug by a resident of
301	301	this state, regardless of where the use of the drug occurs, and to
302	302	an action brought under Section 171A.101 to the maximum extent
303	303	permitted by the United States Constitution.
304	304	(c) Chapters 27 and 110, Civil Practice and Remedies Code,
305	305	do not apply to an action brought under Section 171A.101.
306	306	SUBCHAPTER D. PRIVATE CIVIL ENFORCEMENT OF PROHIBITIONS RELATING
307	307	TO ABORTION-INDUCING DRUGS
308	308	Sec. 171A.151. CIVIL ACTION AUTHORIZED. (a) Except as
309	309	provided by this section, a person, other than this state, a
310	310	political subdivision of this state, and an officer or employee of
311	311	this state or a political subdivision of this state, has standing to
312	312	bring and may bring a civil action against a person who:
313	313	(1) violates Section 171A.051; or
314	314	(2) intends to violate Section 171A.051.
315	315	(b) A claimant may not bring an action under this section if
316	316	the action is preempted by 47 U.S.C. Section 230(c).
317	317	(c) Notwithstanding any other law, a civil action may not be
318	318	brought under this section:
319	319	(1) against the woman who used or sought to obtain
320	320	abortion-inducing drugs to abort or attempt to abort her unborn
321	321	child;
322	322	(2) against a person that acted at the behest of a
323	323	federal agency, contractor, or employee who is carrying out duties
324	324	under federal law if the imposition of liability would violate the
325	325	doctrines of preemption or intergovernmental immunity; or
326	326	(3) by any person who impregnated the woman who used or
327	327	sought to obtain abortion-inducing drugs through conduct
328	328	constituting an offense under Section 21.02, 21.11, 22.011, 22.021,
329	329	or 25.02, Penal Code, or by another person who acts in concert or
330	330	participation with that person.
331	331	(d) Notwithstanding any other law, including rules of civil
332	332	procedure adopted under Chapter 26, Civil Practice and Remedies
333	333	Code, an action brought under this section may not be litigated on
334	334	behalf of a claimant class or a defendant class, and no court may
335	335	certify a class in the action.
336	336	Sec. 171A.152. DEFENSES. (a) It is an affirmative defense
337	337	to an action brought under Section 171A.151 that the defendant:
338	338	(1) was unaware that the defendant was engaged in the
339	339	conduct prohibited by Section 171A.051; and
340	340	(2) took every reasonable precaution to ensure that
341	341	the defendant would not violate Section 171A.051.
342	342	(b) A defendant has the burden of proving an affirmative
343	343	defense under Subsection (a) by a preponderance of the evidence.
344	344	(c) Notwithstanding any other law, the following are not a
345	345	defense to an action brought under this section:
346	346	(1) ignorance or mistake of law;
347	347	(2) a defendant's belief that the requirements or
348	348	provisions of this chapter are unconstitutional or were
349	349	unconstitutional;
350	350	(3) a defendant's reliance on a court decision that has
351	351	been vacated, reversed, or overruled on appeal or by a subsequent
352	352	court, even if that court decision had not been vacated, reversed,
353	353	or overruled when the cause of action accrued;
354	354	(4) a defendant's reliance on a state or federal court
355	355	decision that is not binding on the court in which the action has
356	356	been brought;
357	357	(5) a defendant's reliance on a federal statute,
358	358	agency rule or action, or treaty that has been repealed,
359	359	superseded, or declared invalid or unconstitutional, even if that
360	360	federal statute, agency rule or action, or treaty had not been
361	361	repealed, superseded, or declared invalid or unconstitutional when
362	362	the cause of action accrued;
363	363	(6) non-mutual issue preclusion or non-mutual claim
364	364	preclusion;
365	365	(7) the consent of the claimant or the unborn child's
366	366	mother to the abortion;
367	367	(8) contributory or comparative negligence;
368	368	(9) assumption of risk; or
369	369	(10) a claim that the enforcement of this chapter or
370	370	the imposition of civil liability against the defendant will
371	371	violate the constitutional rights of third parties.
372	372	Sec. 171A.153. STATUTE OF LIMITATIONS. Notwithstanding any
373	373	other law, a person may bring an action under Section 171A.151 not
374	374	later than the sixth anniversary of the date the cause of action
375	375	accrues.
376	376	Sec. 171A.154. REMEDIES. (a) Except as provided by
377	377	Subsection (c), if a claimant prevails in an action brought under
378	378	Section 171A.151, the court shall award:
379	379	(1) injunctive relief sufficient to prevent the
380	380	defendant from violating Section 171A.051;
381	381	(2) nominal damages or compensatory damages if the
382	382	claimant has suffered injury or harm from the defendant's conduct,
383	383	including loss of consortium and emotional distress;
384	384	(3) statutory damages in an amount of not less than
385	385	$10,000 for each violation of Section 171A.051; and
386	386	(4) costs and reasonable attorney's fees.
387	387	(b) A court may not award relief under Subsection (a)(3) or
388	388	(a)(4) in response to a violation of Section 171A.051 if the
389	389	defendant demonstrates that a court has already ordered the
390	390	defendant to pay the full amount of statutory damages under
391	391	Subsection (a)(3) in another action for that particular violation.
392	392	(c) A court may not award costs or attorney's fees to a
393	393	defendant against whom an action is brought under Section 171A.151.
394	394	Sec. 171A.155. CONSTRUCTION OF SUBCHAPTER. This subchapter
395	395	may not be construed to impose liability on speech or conduct
396	396	protected by the First Amendment of the United States Constitution,
397	397	as made applicable to the states through the United States Supreme
398	398	Court's interpretation of the Fourteenth Amendment of the United
399	399	States Constitution or protected by Section 8, Article I, Texas
400	400	Constitution.
401	401	Sec. 171A.156. PUBLIC ENFORCEMENT PROHIBITED. (a)
402	402	Notwithstanding any other law, this state, a political subdivision
403	403	of this state, or an officer or employee of this state or a
404	404	political subdivision of this state may not:
405	405	(1) act in concert or participation with a claimant
406	406	bringing an action under Section 171A.151;
407	407	(2) establish or attempt to establish any type of
408	408	agency or fiduciary relationship with a claimant bringing an action
409	409	under Section 171A.151;
410	410	(3) make any attempt to control or influence a person's
411	411	decision to bring an action under Section 171A.151 or that person's
412	412	conduct of the litigation; or
413	413	(4) intervene in an action brought under Section
414	414	171A.151.
415	415	(b) This section does not prohibit a governmental entity or
416	416	officer or employee of a governmental entity from filing an amicus
417	417	curiae brief in an action brought under Section 171A.151 if the
418	418	entity, officer, or employee does not act in concert or
419	419	participation with the claimant.
420	420	Sec. 171A.157. JURISDICTION; APPLICABILITY OF STATE LAW.
421	421	(a) Notwithstanding any other law, including Subchapter C, Chapter
422	422	17, Civil Practice and Remedies Code, the courts of this state have
423	423	personal jurisdiction over a defendant sued under Section 171A.151
424	424	to the maximum extent permitted by the Fourteenth Amendment to the
425	425	United States Constitution.
426	426	(b) Notwithstanding any other law, the law of this state
427	427	applies to an action brought under Section 171A.151 to the maximum
428	428	extent permitted by the United States Constitution.
429	429	(c) Chapters 27 and 110, Civil Practice and Remedies Code,
430	430	do not apply to an action brought under Section 171A.151.
431	431	SUBCHAPTER E. PRIVATE CIVIL ENFORCEMENT AGAINST INTERACTIVE
432	432	COMPUTER SERVICES FACILITATING ABORTION
433	433	Sec. 171A.201. CIVIL ACTION AGAINST INTERACTIVE COMPUTER
434	434	SERVICE PROVIDER. (a) A person, other than this state, a political
435	435	subdivision of this state, and an officer or employee of this state
436	436	or a political subdivision of this state, has standing to bring and
437	437	may bring a civil action against a person who provides or maintains:
438	438	(1) an interactive computer service that allows
439	439	residents of this state to access information or material that
440	440	assists or facilitates efforts to obtain elective abortions or
441	441	abortion-inducing drugs;
442	442	(2) a platform for downloading any application or
443	443	software for use on a computer or electronic device that is designed
444	444	to assist or facilitate efforts to obtain elective abortions or
445	445	abortion-inducing drugs; or
446	446	(3) a platform that allows or enables those who
447	447	provide or aid or abet elective abortions, or those who
448	448	manufacture, distribute, mail, transport, deliver, or provide
449	449	abortion-inducing drugs, to collect money, digital currency,
450	450	resources, or any other thing of value in connection with that
451	451	conduct.
452	452	(b) Notwithstanding any other law, including rules of civil
453	453	procedure adopted under Chapter 26, Civil Practice and Remedies
454	454	Code, an action brought under this section may not be litigated on
455	455	behalf of a claimant class or a defendant class, and no court may
456	456	certify a class in the action.
457	457	Sec. 171A.202. DEFENSES. (a) It is an affirmative defense
458	458	to an action brought under Section 171A.201 that the defendant:
459	459	(1) was unaware that the defendant's interactive
460	460	computer service or platform was being used to assist or facilitate
461	461	efforts to obtain elective abortions or abortion-inducing drugs;
462	462	and
463	463	(2) on learning that the defendant's interactive
464	464	computer service or platform was being used to assist or facilitate
465	465	efforts to obtain elective abortions or abortion-inducing drugs,
466	466	took prompt action to:
467	467	(A) block access to any information, material,
468	468	application, or software that assists or facilitates efforts to
469	469	obtain elective abortions or abortion-inducing drugs; and
470	470	(B) block those who provide or aid or abet
471	471	elective abortions and those who manufacture, distribute, mail,
472	472	transport, deliver, or provide abortion-inducing drugs, from
473	473	collecting money, digital currency, resources, or any other thing
474	474	of value through its interactive computer service or platform.
475	475	(b) A defendant has the burden of proving an affirmative
476	476	defense under Subsection (a) by a preponderance of the evidence.
477	477	Sec. 171A.203. REMEDIES. (a) Except as provided by
478	478	Subsection (b), if a claimant prevails in an action brought under
479	479	Section 171A.201, the court shall award only declaratory or
480	480	injunctive relief. A court may not award:
481	481	(1) damages in the action, even if the claimant
482	482	demonstrates harm from the defendant's conduct; or
483	483	(2) a prevailing claimant's attorney's fees or costs.
484	484	(b) A court may not award relief under Subsection (a) if the
485	485	action was brought in response to:
486	486	(1) the exercise of a constitutional right that
487	487	belongs personally to the defendant;
488	488	(2) conduct engaged in at the direction of a federal
489	489	agency, contractor, or employee who is carrying out a duty under
490	490	federal law, if the relief authorized by Subsection (a) would
491	491	violate the doctrines of preemption or intergovernmental immunity;
492	492	or
493	493	(3) conduct engaged in by a woman who aborted or
494	494	attempted to abort her unborn child, if that woman is the named
495	495	defendant in the action.
496	496	Sec. 171A.204. RELATION TO OTHER INFORMATION CONTENT
497	497	PROVIDERS. A person who engages in conduct described by Section
498	498	171A.201(a)(1), (2), or (3) may not be:
499	499	(1) held vicariously liable for nominal, statutory, or
500	500	compensatory damages incurred by another information content
501	501	provider;
502	502	(2) held liable or legally responsible for the conduct
503	503	of a publisher or speaker of any information provided by another
504	504	information content provider; or
505	505	(3) treated as the speaker or publisher of any
506	506	information provided by another information content provider under
507	507	any provision of the laws of this state.
508	508	Sec. 171A.205. EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW.
509	509	(a) Notwithstanding any other law, conduct described by Section
510	510	171A.201(1), (2), or (3) is not subject to criminal, civil, or
511	511	administrative liability except solely through the private civil
512	512	action described by Section 171A.201. This state, a political
513	513	subdivision of this state, or an officer or employee of this state
514	514	or a political subdivision of this state may not take a direct or
515	515	indirect enforcement action under this subchapter against any
516	516	person, by any means.
517	517	(b) Except as provided by Subsection (c), a person may not
518	518	use conduct described by Section 171A.201(1), (2), or (3) as a
519	519	justification for the enforcement of any other law or any type of
520	520	adverse consequence under any other law except as provided by
521	521	Section 171A.201.
522	522	(c) This section does not preclude or limit the enforcement
523	523	of any other law or regulation against conduct that is
524	524	independently prohibited by that other law or regulation.
525	525	Sec. 171A.206. PUBLIC ENFORCEMENT PROHIBITED. (a)
526	526	Notwithstanding any other law, this state, a political subdivision
527	527	of this state, or an officer or employee of this state or a
528	528	political subdivision of this state may not:
529	529	(1) act in concert or participation with a claimant
530	530	bringing an action under Section 171A.201;
531	531	(2) establish or attempt to establish any type of
532	532	agency or fiduciary relationship with a claimant bringing an action
533	533	under Section 171A.201;
534	534	(3) make any attempt to control or influence a person's
535	535	decision to bring an action under Section 171A.201 or that person's
536	536	conduct of the litigation; or
537	537	(4) intervene in an action brought under Section
538	538	171A.201.
539	539	(b) This section does not prohibit a governmental entity or
540	540	officer or employee of a governmental entity from filing an amicus
541	541	curiae brief in an action brought under Section 171A.201 if the
542	542	entity, officer, or employee does not act in concert or
543	543	participation with the claimant.
544	544	Sec. 171A.207. JURISDICTION; APPLICABILITY OF STATE LAW.
545	545	(a) Notwithstanding any other law, including Subchapter C, Chapter
546	546	17, Civil Practice and Remedies Code, the courts of this state have
547	547	personal jurisdiction over a defendant sued under Section 171A.201
548	548	to the maximum extent permitted by the Fourteenth Amendment to the
549	549	United States Constitution.
550	550	(b) Notwithstanding any other law, the law of this state
551	551	applies to an action brought under Section 171A.201 to the maximum
552	552	extent permitted by the United States Constitution.
553	553	(c) Chapters 27 and 110, Civil Practice and Remedies Code,
554	554	do not apply to an action brought under Section 171A.151.
555	555	Sec. 171A.208. INTERACTIVE COMPUTER SERVICE USER OR
556	556	PROVIDER IMMUNITY FOR CERTAIN ACTIONS. Notwithstanding any other
557	557	law, a provider or user of an interactive computer service has
558	558	absolute and nonwaivable immunity from liability or suit for:
559	559	(1) an action taken to restrict access to or
560	560	availability of information or material that assists or facilitates
561	561	access to elective abortions or abortion-inducing drugs,
562	562	regardless of whether the information or material is
563	563	constitutionally protected;
564	564	(2) an action taken to enable or make available to
565	565	information content providers or others the technical means to
566	566	restrict access to information or material described by Subdivision
567	567	(1); or
568	568	(3) a denial of service to persons who provide or aid
569	569	or abet elective abortions or who manufacture, mail, distribute,
570	570	transport, or provide abortion-inducing drugs.
571	571	SUBCHAPTER F. PROVISIONS GENERALLY APPLICABLE TO CIVIL LIABILITY
572	572	FOR FACILITATING ABORTION
573	573	Sec. 171A.251. AFFIRMATIVE DEFENSE. (a) A defendant
574	574	against whom an action is brought under Section 171A.101, 171A.151,
575	575	or 171A.201 may assert an affirmative defense to liability under
576	576	this section if:
577	577	(1) the imposition of civil liability on the defendant
578	578	will violate constitutional or federally protected rights that
579	579	belong to the defendant personally; or
580	580	(2) the defendant:
581	581	(A) has standing to assert the rights of a third
582	582	party under the tests for third-party standing established by the
583	583	United States Supreme Court; and
584	584	(B) demonstrates that the imposition of civil
585	585	liability on the defendant will violate constitutional or federally
586	586	protected rights belonging to a third party.
587	587	(b) The defendant has the burden of proving an affirmative
588	588	defense described by Subsection (a) by a preponderance of the
589	589	evidence.
590	590	Sec. 171A.252. CONSTRUCTION OF CHAPTER WITH RESPECT TO
591	591	CIVIL LIABILITY AND ENFORCEMENT. This chapter may not be construed
592	592	to limit or preclude a defendant from asserting the
593	593	unconstitutionality of any provision or application of the laws of
594	594	this state as a defense to liability under Section 171A.101,
595	595	171A.151, or 171A.201 or from asserting any other defense that
596	596	might be available under any other source of law.
597	597	Sec. 171A.253. APPLICATION OF OTHER LAW. Notwithstanding
598	598	any other law, a court may not apply the law of another state or
599	599	jurisdiction to any civil action brought under Section 171A.101,
600	600	171A.151, or 171A.201 unless Article VI of the United States
601	601	Constitution compels it to do so.
602	602	Sec. 171A.254. VENUE. (a) Notwithstanding any other law, a
603	603	civil action brought under Section 171A.101, 171A.151, or 171A.201
604	604	must be brought in:
605	605	(1) the county in which all or a substantial part of
606	606	the events or omissions giving rise to the claim occurred;
607	607	(2) the county of a defendant's residence at the time
608	608	the cause of action accrued if a defendant is an individual;
609	609	(3) the county of the principal office in this state of
610	610	a defendant that is not an individual; or
611	611	(4) the county of the claimant's residence if the
612	612	claimant is an individual residing in this state.
613	613	(b) If a civil action is brought under Section 171A.101,
614	614	171A.151, or 171A.201 in a venue described by Subsection (a), the
615	615	action may not be transferred to a different venue without the
616	616	written consent of all parties.
617	617	Sec. 171A.255. PROTECTION FROM COUNTER ACTIONS. If an
618	618	action brought against a person or liability imposed in a judgment
619	619	entered against a person is wholly or partly based on the person's
620	620	decision to bring or threat to bring an action under Section
621	621	171A.101, 171A.151, or 171A.201, the person may recover damages
622	622	from the claimant who brought the action or obtained the judgment or
623	623	who has sought to enforce the judgment. The damages include:
624	624	(1) compensatory damages created by the action or
625	625	judgment, including money damages in an amount of the judgment and
626	626	costs, expenses, and reasonable attorney's fees spent in defending
627	627	the action;
628	628	(2) costs, expenses, and reasonable attorney's fees
629	629	incurred in bringing an action under this section; and
630	630	(3) additional statutory damages in an amount of not
631	631	less than $100,000.
632	632	SUBCHAPTER G. INTERNET SERVICE PROVIDER DUTIES
633	633	Sec. 171A.301. RESTRICTIONS ON ACCESS TO CERTAIN
634	634	INFORMATION AND MATERIALS ACCESSIBLE THROUGH CERTAIN INTERNET
635	635	WEBSITES. Each Internet service provider that provides Internet
636	636	services in this state shall make every reasonable and
637	637	technologically feasible effort to block Internet access to
638	638	information or material intended to assist or facilitate efforts to
639	639	obtain an elective abortion or an abortion-inducing drug, including
640	640	information or material accessible through:
641	641	(1) the following Internet websites:
642	642	(A) aidaccess.org;
643	643	(B) heyjane.co;
644	644	(C) plancpills.org;
645	645	(D) mychoix.co;
646	646	(E) justthepill.com; and
647	647	(F) carafem.org;
648	648	(2) an Internet website, platform, or other
649	649	interactive computer service operated by or on behalf of an
650	650	abortion provider or abortion fund;
651	651	(3) an Internet website, platform, or other
652	652	interactive computer service for downloading any application or
653	653	software for use on a computer or electronic device that is designed
654	654	to assist or facilitate efforts to obtain an elective abortion or an
655	655	abortion-inducing drug; or
656	656	(4) an Internet website, platform, or other
657	657	interactive computer service that allows or enables those who
658	658	provide or aid or abet elective abortions, or those who
659	659	manufacture, mail, distribute, transport, or provide
660	660	abortion-inducing drugs, to collect money, digital currency,
661	661	resources, or any other thing of value.
662	662	Sec. 171A.302. NOTIFICATION TO INTERNET SERVICE PROVIDER.
663	663	A person who becomes aware that information or material described
664	664	by Section 171A.301 is accessible through an Internet service
665	665	provider that provides Internet services in this state may notify
666	666	the provider and request that the provider block access to the
667	667	information or material in accordance with that section. A person
668	668	may provide the notification by:
669	669	(1) calling the provider's customer support number and
670	670	providing a precise description and location of the information or
671	671	material; or
672	672	(2) mailing a letter to the provider that includes a
673	673	precise description and location of the information or material.
674	674	Sec. 171A.303. PUBLIC ENFORCEMENT PROHIBITED. (a)
675	675	Notwithstanding any other law, direct or indirect enforcement of
676	676	this subchapter may not be taken or threatened by this state or a
677	677	political subdivision of this state, or by any officer, employee,
678	678	or agent of this state or a political subdivision of this state, by
679	679	any means.
680	680	(b) This state, a political subdivision of this state, or an
681	681	officer, employee, or agent of this state or a political
682	682	subdivision of this state may request or encourage an Internet
683	683	service provider to comply with the requirements of this
684	684	subchapter.
685	685	Sec. 171A.304. LIABILITY; RECOVERY OF DAMAGES. (a)
686	686	Notwithstanding any other law, an Internet service provider that
687	687	provides Internet services in this state has absolute and
688	688	nonwaivable immunity from liability or suit for:
689	689	(1) an action taken to comply with the requirements of
690	690	this subchapter, or to restrict access to or availability of the
691	691	information or material described by Section 171A.301;
692	692	(2) an action taken to enable or make available to
693	693	information content providers or others the technical means to
694	694	restrict access to information or material described by Section
695	695	171A.301; or
696	696	(3) a denial of service to persons who use or seek to
697	697	use the Internet to make available information or material
698	698	described by Section 171A.301.
699	699	(b) An Internet service provider against whom an action is
700	700	brought or a judgment is entered in state or federal court that is
701	701	wholly or partly based on the provider's compliance with the
702	702	requirements of this subchapter may recover damages from a claimant
703	703	that brought the action or obtained the judgment or who has sought
704	704	to enforce the judgment. The damages include:
705	705	(1) compensatory damages created by the action or
706	706	judgment, including money damages in an amount of the judgment, and
707	707	expenses and reasonable attorney's fees spent in defending the
708	708	action;
709	709	(2) costs, expenses, and reasonable attorney's fees
710	710	incurred in bringing an action under this section; and
711	711	(3) additional statutory damages in an amount of not
712	712	less than $100,000.
713	713	SUBCHAPTER H. CRIMINAL OFFENSES
714	714	Sec. 171A.351. OFFENSE: PAYING OR REIMBURSING ABORTION
715	715	COSTS. (a) A person that knowingly pays for or reimburses the
716	716	costs associated with obtaining an elective abortion performed on a
717	717	pregnant woman commits an offense. An offense under this
718	718	subsection is a felony of the second degree, except that the offense
719	719	is a felony of the first degree if an unborn child dies as a result
720	720	of the offense.
721	721	(b) The prohibition under Subsection (a) applies regardless
722	722	of:
723	723	(1) the individual on whom the elective abortion is
724	724	performed;
725	725	(2) the location at which the elective abortion is
726	726	performed;
727	727	(3) the law of the jurisdiction in which the elective
728	728	abortion is performed; and
729	729	(4) whether the payment or reimbursement is provided
730	730	directly or through an intermediary.
731	731	(c) The prohibition under Subsection (a) does not apply to a
732	732	pregnant woman on whom an elective abortion is performed or
733	733	attempted.
734	734	(d) The prohibition under Subsection (a) applies
735	735	extraterritorially to the maximum extent permitted by the United
736	736	States Constitution or the Texas Constitution.
737	737	Sec. 171A.352. OFFENSE: DESTROYING EVIDENCE OF ABORTION.
738	738	(a) A person commits an offense if the person knowingly or
739	739	recklessly conceals, destroys, or spoliates evidence of an elective
740	740	abortion performed or attempted:
741	741	(1) in this state; or
742	742	(2) on a resident of this state, regardless of whether
743	743	the person knew or should have known that the elective abortion was
744	744	performed or attempted on the resident.
745	745	(b) An offense under Subsection (a) is a felony of the
746	746	second degree, except that the offense is a felony of the first
747	747	degree if an unborn child dies as a result of the offense.
748	748	(c) The prohibition under Subsection (a) does not apply to a
749	749	pregnant woman on whom an elective abortion is performed or
750	750	attempted.
751	751	(d) The prohibition under Subsection (a) applies
752	752	extraterritorially to the maximum extent permitted by the United
753	753	States Constitution or the Texas Constitution.
754	754	SUBCHAPTER I. PROVISIONS RELATING TO ENFORCEMENT OF ABORTION LAWS
755	755	Sec. 171A.401. DEFINITION. In this subchapter, "abortion
756	756	law" means any law of this state regulating abortion, including
757	757	this chapter and Chapter 6-1/2, Title 71, Revised Statutes.
758	758	Sec. 171A.402. STATUTE OF LIMITATIONS. Notwithstanding any
759	759	other law, there is no applicable statute of limitations for an
760	760	offense committed under an abortion law.
761	761	Sec. 171A.403. CONCURRENT JURISDICTION OF ATTORNEY
762	762	GENERAL. Notwithstanding any other law, the attorney general has
763	763	concurrent jurisdiction to prosecute any abortion law and may
764	764	authorize a district attorney to investigate or prosecute a
765	765	violation of an abortion law if a local district attorney fails or
766	766	refuses to investigate or prosecute the violation.
767	767	Sec. 171A.404. ATTORNEY GENERAL ACTION FOR VIOLATION OF
768	768	CERTAIN ABORTION LAWS. (a) The attorney general has parens patriae
769	769	standing to bring an action under this section on behalf of unborn
770	770	children of residents of this state.
771	771	(b) The attorney general may bring an action for damages or
772	772	injunctive relief on behalf of an unborn child of a resident of this
773	773	state against a person who violates any abortion law of this state
774	774	except for Subchapter H, Chapter 171, or Subchapter B, C, or E of
775	775	this chapter.
776	776	Sec. 171A.405. FEE SHIFTING. (a) Notwithstanding any
777	777	other law, a person, including an entity, attorney, or law firm, who
778	778	brings an action seeking declaratory or injunctive relief to
779	779	prevent a person, including this state, a political subdivision of
780	780	this state, or an officer, employee, or agent of this state or a
781	781	political subdivision of this state, from enforcing or bringing an
782	782	action to enforce a law, including a statute, ordinance, rule, or
783	783	regulation, that regulates or restricts abortion or that limits
784	784	taxpayer funding for persons that perform or promote abortions in a
785	785	state or federal court or who represents a litigant seeking such
786	786	relief in a state or federal court is jointly and severally liable
787	787	to pay the costs and reasonable attorney's fees of the prevailing
788	788	party in the action seeking declaratory or injunctive relief.
789	789	(b) For purposes of this section, a party is considered a
790	790	prevailing party if a state or federal court:
791	791	(1) dismisses a claim or cause of action brought
792	792	against the party that seeks the declaratory or injunctive relief
793	793	described by Subsection (a), regardless of the reason for the
794	794	dismissal; or
795	795	(2) enters judgment in the party's favor on that claim
796	796	or cause of action.
797	797	(c) A prevailing party may recover costs and reasonable
798	798	attorney's fees under this section only to the extent that those
799	799	costs and attorney's fees were incurred while defending claims or
800	800	causes of action on which the party prevailed.
801	801	(d) Regardless of whether a prevailing party sought to
802	802	recover costs or attorney's fees in the underlying action, a
803	803	prevailing party under this section may bring a civil action to
804	804	recover costs and attorney's fees against a person, including an
805	805	entity, attorney, or law firm, who sought declaratory or injunctive
806	806	relief described by Subsection (a) not later than the third
807	807	anniversary of the date on which, as applicable:
808	808	(1) the dismissal or judgment described by Subsection
809	809	(b) becomes final on the conclusion of appellate review; or
810	810	(2) the time for seeking appellate review expires.
811	811	(e) It is not a defense to an action brought under
812	812	Subsection (d) that:
813	813	(1) a prevailing party under this section failed to
814	814	seek recovery of costs or attorney's fees in the underlying action;
815	815	(2) the court in the underlying action declined to
816	816	recognize or enforce this section; or
817	817	(3) the court in the underlying action held that any
818	818	provisions of this section are invalid, unconstitutional, or
819	819	preempted by federal law, notwithstanding the doctrines of issue or
820	820	claim preclusion.
821	821	SUBCHAPTER J. IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION
822	822	Sec. 171A.451. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
823	823	IMMUNITY. (a) Except as provided by Subsection (b) but
824	824	notwithstanding any other law, the state has sovereign immunity, a
825	825	political subdivision of this state has governmental immunity, and
826	826	an officer or employee of this state or a political subdivision of
827	827	this state has official immunity in an action, claim, counterclaim,
828	828	or any other type of legal or equitable action that:
829	829	(1) challenges the validity of any provision or
830	830	application of this chapter, on constitutional grounds or
831	831	otherwise; or
832	832	(2) seeks to prevent or enjoin this state, a political
833	833	subdivision of this state, or an officer or employee of this state
834	834	or a political subdivision of this state from:
835	835	(A) enforcing any provision or application of
836	836	this chapter; or
837	837	(B) hearing, adjudicating, or docketing a civil
838	838	action brought under Section 171A.101, 171A.151, or 171A.201.
839	839	(b) Subsection (a) does not apply to the extent that
840	840	immunity has been abrogated or preempted by federal law in a manner
841	841	consistent with the United States Constitution.
842	842	(c) Sovereign immunity conferred by this section includes
843	843	the constitutional sovereign immunity recognized by the United
844	844	States Supreme Court, which applies in both state and federal court
845	845	and may not be abrogated by Congress or by a state or federal court
846	846	except under legislation authorized by:
847	847	(1) Section 5 of the Fourteenth Amendment, United
848	848	States Constitution;
849	849	(2) the Bankruptcy Clause of Article I, United States
850	850	Constitution; or
851	851	(3) Congress's powers to raise and support armies and
852	852	to provide and maintain a navy.
853	853	Sec. 171A.452. APPLICABILITY OF IMMUNITY. Notwithstanding
854	854	any other law, the immunity conferred by Section 171A.451 applies
855	855	to every court, both state and federal, and in every type of
856	856	adjudicative proceeding.
857	857	Sec. 171A.453. CONSTRUCTION OF CHAPTER. This chapter may
858	858	not be construed to prevent a litigant from asserting the
859	859	invalidity or unconstitutionality of a provision or application of
860	860	this chapter as a defense to an action, claim, or counterclaim
861	861	brought against the litigant.
862	862	Sec. 171A.454. WAIVER OF IMMUNITY. (a) Notwithstanding
863	863	any other law, a provision of the laws of this state may not be
864	864	construed to waive or abrogate an immunity conferred by Section
865	865	171A.451 unless it expressly waives or abrogates immunity with
866	866	specific reference to that section.
867	867	(b) Notwithstanding any other law, an attorney representing
868	868	the state, a political subdivision of this state, or an officer or
869	869	employee of this state or a political subdivision of this state may
870	870	not waive an immunity conferred by Section 171A.451 or take an
871	871	action that would result in a waiver of that immunity. A purported
872	872	waiver or action described by this subsection is considered void
873	873	and an ultra vires act.
874	874	Sec. 171A.455. JURISDICTION. Notwithstanding any other
875	875	law, a court of this state does not have jurisdiction to consider
876	876	and may not award relief under any action, claim, or counterclaim
877	877	that:
878	878	(1) seeks declaratory or injunctive relief, or any
879	879	type of writ, that would pronounce any provision or application of
880	880	this subchapter invalid or unconstitutional; or
881	881	(2) would restrain a person, including this state, a
882	882	political subdivision of this state, or an officer or employee of
883	883	this state or a political subdivision of this state, from:
884	884	(A) enforcing any provision or application of
885	885	this chapter; or
886	886	(B) hearing, adjudicating, or docketing a civil
887	887	action brought under Section 171A.101, 171A.151, or 171A.201.
888	888	Sec. 171A.456. EFFECT OF CONTRARY JUDICIAL ACTIONS. (a)
889	889	Notwithstanding any other law, judicial relief issued by a court of
890	890	this state that disregards the immunity conferred by Section
891	891	171A.451 or the jurisdictional limitation described by Section
892	892	171A.455:
893	893	(1) is considered void because a court without
894	894	jurisdiction issued the relief; and
895	895	(2) may not be enforced or obeyed by an officer,
896	896	employee, or agent, including a judicial official, of this state or
897	897	a political subdivision of this state.
898	898	(b) Notwithstanding any other law, a writ, injunction, or
899	899	declaratory judgment issued by a court of this state that purports
900	900	to restrain a person, including the state, a political subdivision
901	901	of this state, or an officer or employee of this state or a
902	902	political subdivision of this state, from hearing, adjudicating,
903	903	docketing, or filing an action brought under Section 171A.101,
904	904	171A.151, or 171A.201:
905	905	(1) is considered void and a violation of the Due
906	906	Process Clause of the Fourteenth Amendment to the United States
907	907	Constitution; and
908	908	(2) may not be enforced or obeyed by an officer,
909	909	employee, or agent, including a judicial official, of this state or
910	910	a political subdivision of this state.
911	911	Sec. 171A.457. LIABILITY FOR VIOLATION. (a)
912	912	Notwithstanding any other law, a person may bring an action against
913	913	an officer, employee, or agent, including a judicial official, of
914	914	this state or a political subdivision of this state, who issues,
915	915	enforces, or obeys a writ, injunction, or declaratory judgment
916	916	described by Subsection (b) if the writ, injunction, or judgment
917	917	prevents or delays the person from bringing an action under Section
918	918	171A.101, 171A.151, or 171A.201.
919	919	(b) A claimant who prevails in an action brought under this
920	920	section is entitled to:
921	921	(1) injunctive relief;
922	922	(2) compensatory damages;
923	923	(3) exemplary damages of not less than $100,000; and
924	924	(4) costs and reasonable attorney's fees.
925	925	(c) Notwithstanding any other law, in an action brought
926	926	under this section, a person who violates Section 171A.455 or
927	927	171A.456(b):
928	928	(1) may not assert and is not entitled to any type of
929	929	immunity defense, including sovereign immunity, governmental
930	930	immunity, official immunity, or judicial immunity;
931	931	(2) may not be indemnified for an award of damages or
932	932	costs and attorney's fees entered against the person or for the
933	933	costs of the person's legal defense; and
934	934	(3) may not receive or obtain legal representation
935	935	from the attorney general.
936	936	Sec. 171A.458. ACTION TO RECOVER COSTS. (a)
937	937	Notwithstanding any other law, a claimant who brings an action
938	938	seeking a writ, injunction, or declaratory judgment that would
939	939	restrain a person from hearing, adjudicating, docketing, or filing
940	940	an action under Section 171A.101, 171A.151, or 171A.201 is liable
941	941	to the person for the person's costs and attorney's fees incurred in
942	942	connection with the action.
943	943	(b) A person entitled to recover costs and attorney's fees
944	944	under this section may bring an action in state or federal court.
945	945	(c) It is not a defense to an action brought under this
946	946	section that:
947	947	(1) the claimant failed to seek recovery of costs or
948	948	attorney's fees in the underlying action;
949	949	(2) the court in the underlying action declined to
950	950	recognize or enforce this section; or
951	951	(3) the court in the underlying action held that any
952	952	provisions of this section are invalid, unconstitutional, or
953	953	preempted by federal law, notwithstanding the doctrines of issue or
954	954	claim preclusion.
955	955	SECTION 4. Section 71.02(a), Penal Code, is amended to read
956	956	as follows:
957	957	(a) A person commits an offense if, with the intent to
958	958	establish, maintain, or participate in a combination or in the
959	959	profits of a combination or as a member of a criminal street gang,
960	960	the person commits or conspires to commit one or more of the
961	961	following:
962	962	(1) murder, capital murder, arson, aggravated
963	963	robbery, robbery, burglary, theft, aggravated kidnapping,
964	964	kidnapping, aggravated assault, aggravated sexual assault, sexual
965	965	assault, continuous sexual abuse of young child or disabled
966	966	individual, solicitation of a minor, forgery, deadly conduct,
967	967	assault punishable as a Class A misdemeanor, burglary of a motor
968	968	vehicle, or unauthorized use of a motor vehicle;
969	969	(2) any gambling offense punishable as a Class A
970	970	misdemeanor;
971	971	(3) promotion of prostitution, aggravated promotion
972	972	of prostitution, or compelling prostitution;
973	973	(4) unlawful manufacture, transportation, repair, or
974	974	sale of firearms or prohibited weapons;
975	975	(5) unlawful manufacture, delivery, dispensation, or
976	976	distribution of a controlled substance or dangerous drug, or
977	977	unlawful possession of a controlled substance or dangerous drug
978	978	through forgery, fraud, misrepresentation, or deception;
979	979	(5-a) causing the unlawful delivery, dispensation, or
980	980	distribution of a controlled substance or dangerous drug in
981	981	violation of Subtitle B, Title 3, Occupations Code;
982	982	(6) any unlawful wholesale promotion or possession of
983	983	any obscene material or obscene device with the intent to wholesale
984	984	promote the same;
985	985	(7) any offense under Subchapter B, Chapter 43,
986	986	depicting or involving conduct by or directed toward a child
987	987	younger than 18 years of age;
988	988	(8) any felony offense under Chapter 32;
989	989	(9) any offense under Chapter 36;
990	990	(10) any offense under Chapter 34, 35, or 35A;
991	991	(11) any offense under Section 37.11(a);
992	992	(12) any offense under Chapter 20A;
993	993	(13) any offense under Section 37.10;
994	994	(14) any offense under Section 38.06, 38.07, 38.09, or
995	995	38.11;
996	996	(15) any offense under Section 42.10;
997	997	(16) any offense under Section 46.06(a)(1) or 46.14;
998	998	(17) any offense under Section 20.05 or 20.06;
999	999	(18) any offense under Section 16.02; [or]
1000	1000	(19) any offense classified as a felony under the Tax
1001	1001	Code;
1002	1002	(20) a violation of 18 U.S.C. Section 1462(c);
1003	1003	(21) a violation of an abortion law under Chapter 170,
1004	1004	170A, 171, or 171A, Health and Safety Code, or Chapter 6-1/2, Title
1005	1005	71, Revised Statutes; and
1006	1006	(22) an offense under Chapter 28 directed at a church,
1007	1007	a crisis pregnancy center, an adoption agency, or an entity that
1008	1008	offers alternatives to abortion services.
1009	1009	SECTION 5. (a) Mindful of Leavitt v. Jane L., 518 U.S. 137
1010	1010	(1996), in which in the context of determining the severability of a
1011	1011	state statute regulating abortion the United States Supreme Court
1012	1012	held that an explicit statement of legislative intent is
1013	1013	controlling, it is the intent of the legislature that every
1014	1014	provision, section, subsection, sentence, clause, phrase, or word
1015	1015	in this Act, and every application of the provisions in this Act to
1016	1016	every person, group of persons, or circumstances, are severable
1017	1017	from each other.
1018	1018	(b) If any application of any provision in this Act to any
1019	1019	person, group of persons, or circumstances is found by a court to be
1020	1020	invalid, preempted, or unconstitutional, for any reason
1021	1021	whatsoever, then the remaining applications of that provision to
1022	1022	all other persons and circumstances shall be severed and preserved,
1023	1023	and shall remain in effect. All constitutionally valid
1024	1024	applications of the provisions in this Act shall be severed from any
1025	1025	applications that a court finds to be invalid, preempted, or
1026	1026	unconstitutional, because it is the legislature's intent and
1027	1027	priority that every single valid application of every statutory
1028	1028	provision be allowed to stand alone.
1029	1029	(c) The legislature further declares that it would have
1030	1030	enacted this Act, and each provision, section, subsection,
1031	1031	sentence, clause, phrase, or word, and all constitutional
1032	1032	applications of the provisions of this Act, irrespective of the
1033	1033	fact that any provision, section, subsection, sentence, clause,
1034	1034	phrase, or word, or applications of this Act were to be declared
1035	1035	invalid, preempted, or unconstitutional.
1036	1036	(d) If any provision of this Act is found by any court to be
1037	1037	unconstitutionally vague, then the applications of that provision
1038	1038	that do not present constitutional vagueness problems shall be
1039	1039	severed and remain in force, consistent with the severability
1040	1040	requirements of Subsections (a), (b), and (c) of this section.
1041	1041	(e) No court may decline to enforce the severability
1042	1042	requirements of Subsections (a), (b), (c), and (d) of this section
1043	1043	on the ground that severance would rewrite the statute or involve
1044	1044	the court in legislative or lawmaking activity. A court that
1045	1045	declines to enforce or enjoins a state official from enforcing a
1046	1046	statutory provision is not rewriting a statute or engaging in
1047	1047	legislative or lawmaking activity, as the statute continues to
1048	1048	contain the same words as before the court's decision. A judicial
1049	1049	injunction or declaration of unconstitutionality:
1050	1050	(1) is nothing more than an edict prohibiting
1051	1051	enforcement of the disputed statute against the named parties to
1052	1052	that lawsuit, which may subsequently be vacated by a later court if
1053	1053	that court has a different understanding of the requirements of the
1054	1054	Texas Constitution or United States Constitution;
1055	1055	(2) is not a formal amendment of the language in a
1056	1056	statute; and
1057	1057	(3) no more rewrites a statute than a decision by the
1058	1058	executive not to enforce a duly enacted statute in a limited and
1059	1059	defined set of circumstances.
1060	1060	(f) If any state or federal court disregards any of the
1061	1061	severability requirements in Subsections (a), (b), (c), (d), or (e)
1062	1062	of this section, and declares or finds any provision of this Act
1063	1063	facially invalid, preempted, or unconstitutional, when there are
1064	1064	discrete applications of that provision that can be enforced
1065	1065	against a person, a group of persons, or circumstances without
1066	1066	violating federal law or the United States Constitution or Texas
1067	1067	Constitution, then that provision shall be interpreted, as a matter
1068	1068	of state law, as if the legislature had enacted a provision limited
1069	1069	to the persons, group of persons, or circumstances for which the
1070	1070	provision's application will not violate federal law or the United
1071	1071	States Constitution or Texas Constitution, and every court shall
1072	1072	adopt this saving construction of that provision until the court
1073	1073	ruling that pronounced the provision facially invalid, preempted,
1074	1074	or unconstitutional is vacated or overruled.
1075	1075	SECTION 6. Chapter 171A, Health and Safety Code, as added by
1076	1076	this Act, applies only to a cause of action that accrues on or after
1077	1077	the effective date of this Act.
1078	1078	SECTION 7. Section 71.02, Penal Code, as amended by this
1079	1079	Act, applies only to an offense committed on or after the effective
1080	1080	date of this Act. An offense committed before the effective date of
1081	1081	this Act is governed by the law in effect on the date the offense was
1082	1082	committed, and the former law is continued in effect for that
1083	1083	purpose. For purposes of this section, an offense was committed
1084	1084	before the effective date of this Act if any element of the offense
1085	1085	occurred before that date.
1086	1086	SECTION 8. This Act takes effect on the 91st day after the
1087	1087	last day of legislative session.