Texas 2025 - 89th Regular

Texas House Bill HB5422 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Zwiener H.B. No. 5422
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to civil liability for a violation of or for aiding or
7	9		abetting a violation of fetal heartbeat abortion laws.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 171.208, Health and Safety Code, is
10	12		amended by amending Subsections (a), (b), (d), (f), and (j) and
11	13		adding Subsections (a-1), (a-2), (e-1), and (g-1), to read as
12	14		follows:
13	15		(a) Any person, other than an officer or employee of a state
14	16		or local governmental entity in this state, may bring a civil action
15	17		against any person who:
16	18		(1) performs or induces an abortion in violation of
17	19		this subchapter;
18	20		(2) except as provided by Subsections (a-1) and (j),
19	21		knowingly engages in conduct that aids or abets the performance or
20	22		inducement of an abortion, including paying for or reimbursing the
21	23		costs of an abortion through insurance or otherwise, [if the
22	24		abortion is performed or induced] in violation of this subchapter[,
23	25		regardless of whether the person knew or should have known that the
24	26		abortion would be performed or induced in violation of this
25	27		subchapter]; or
26	28		(3) except as provided by Subsections (a-1) and (j),
27	29		intends to engage in the conduct described by Subdivision (1) or
28	30		(2).
29	31		(a-1) Conduct subject to liability under Subsection (a)(2)
30	32		or (a)(3) is limited to conduct intended to facilitate a violation
31	33		of this subchapter. General speech, counseling, emotional support,
32	34		or nonfinancial assistance is not considered aiding or abetting
33	35		under this section.
34	36		(a-2) To recover in an action brought under Subsection
35	37		(a)(2) or (a)(3) for aiding or abetting or intending to aid or abet
36	38		a violation of this subchapter, a claimant must prove by clear and
37	39		convincing evidence that the defendant acted with actual knowledge
38	40		of the violation or potential violation and with the specific
39	41		intent to facilitate the violation.
40	42		(b) If a claimant prevails in an action brought under this
41	43		section, the court shall award:
42	44		(1) injunctive relief sufficient to prevent the
43	45		defendant from violating this subchapter or engaging in acts that
44	46		aid or abet violations of this subchapter;
45	47		(2) statutory damages in an amount of not less than
46	48		$10,000 for each abortion that the defendant performed or induced
47	49		in violation of this subchapter, and for each abortion performed or
48	50		induced in violation of this subchapter that the defendant aided or
49	51		abetted, calculated based on actual harm caused by the defendant's
50	52		conduct; and
51	53		(3) costs and attorney's fees.
52	54		(d) Notwithstanding Chapter 16, Civil Practice and Remedies
53	55		Code, or any other law, a person may bring an action under this
54	56		section not later than the second [fourth] anniversary of the date
55	57		the cause of action accrues.
56	58		(e-1) A defendant in an action brought under this section
57	59		may raise any defense or constitutional challenge available under
58	60		state or federal law, including reliance on court decisions
59	61		effective at the time the conduct that is the subject of the action
60	62		occurred. This section does not preclude the application of
61	63		binding judicial precedent or the assertion of constitutional
62	64		rights.
63	65		(f) It is a [an affirmative] defense if:
64	66		(1) a person sued under Subsection (a)(2) reasonably
65	67		believed, after conducting a reasonable investigation or relying on
66	68		a licensed physician's written assurance, that the physician
67	69		performing or inducing the abortion had complied or would comply
68	70		with this subchapter; or
69	71		(2) a person sued under Subsection (a)(3) reasonably
70	72		believed, after conducting a reasonable investigation, or for an
71	73		alleged intent to aid or abet a violation relying on a licensed
72	74		physician's written assurance, that the physician performing or
73	75		inducing the abortion will comply with this subchapter.
74	76		(g-1) This section does not apply to any speech, counseling,
75	77		or advocacy protected by the First Amendment to the United States
76	78		Constitution, as interpreted by the United States Supreme Court or
77	79		by Section 8, Article I, Texas Constitution, including:
78	80		(1) the provision of information about legally
79	81		available abortion services;
80	82		(2) discussion or promotion of reproductive health
81	83		care options; and
82	84		(3) engagement in public protest or commentary
83	85		regarding abortion laws.
84	86		(j) Notwithstanding any other law, a civil action under this
85	87		section may not be brought:
86	88		(1) by a person who impregnated the abortion patient
87	89		through an act of rape, sexual assault, incest, or any other act
88	90		prohibited by Sections 22.011, 22.021, or 25.02, Penal Code; or
89	91		(2) against an individual who provided support,
90	92		assistance, or counseling to a survivor of an act described by
91	93		Subdivision (1) in connection with an abortion.
92	94		SECTION 2. Section 171.208(e), Health and Safety Code, is
93	95		repealed.
94	96		SECTION 3. Section 171.208, Health and Safety Code, as
95	97		amended by this Act, applies only to an action filed on or after the
96	98		effective date of this Act. An action filed before the effective
97	99		date of this Act is governed by the law as it existed immediately
98	100		before the effective date of this Act, and that law is continued in
99	101		effect for that purpose.
100	102		SECTION 4. This Act takes effect immediately if it receives
101	103		a vote of two-thirds of all the members elected to each house, as
102	104		provided by Section 39, Article III, Texas Constitution. If this
103	105		Act does not receive the vote necessary for immediate effect, this
104	106		Act takes effect September 1, 2025.