By: Zwiener H.B. No. 5422
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for a violation of or for aiding or
abetting a violation of fetal heartbeat abortion laws.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 171.208, Health and Safety Code, is
amended by amending Subsections (a), (b), (d), (f), and (j) and
adding Subsections (a-1), (a-2), (e-1), and (g-1), to read as
follows:
(a) Any person, other than an officer or employee of a state
or local governmental entity in this state, may bring a civil action
against any person who:
(1) performs or induces an abortion in violation of
this subchapter;
(2) except as provided by Subsections (a-1) and (j),
knowingly engages in conduct that aids or abets the performance or
inducement of an abortion, including paying for or reimbursing the
costs of an abortion through insurance or otherwise, [if the
abortion is performed or induced] in violation of this subchapter[,
regardless of whether the person knew or should have known that the
abortion would be performed or induced in violation of this
subchapter]; or
(3) except as provided by Subsections (a-1) and (j),
intends to engage in the conduct described by Subdivision (1) or
(2).
(a-1) Conduct subject to liability under Subsection (a)(2)
or (a)(3) is limited to conduct intended to facilitate a violation
of this subchapter. General speech, counseling, emotional support,
or nonfinancial assistance is not considered aiding or abetting
under this section.
(a-2) To recover in an action brought under Subsection
(a)(2) or (a)(3) for aiding or abetting or intending to aid or abet
a violation of this subchapter, a claimant must prove by clear and
convincing evidence that the defendant acted with actual knowledge
of the violation or potential violation and with the specific
intent to facilitate the violation.
(b) If a claimant prevails in an action brought under this
section, the court shall award:
(1) injunctive relief sufficient to prevent the
defendant from violating this subchapter or engaging in acts that
aid or abet violations of this subchapter;
(2) statutory damages in an amount of not less than
$10,000 for each abortion that the defendant performed or induced
in violation of this subchapter, and for each abortion performed or
induced in violation of this subchapter that the defendant aided or
abetted, calculated based on actual harm caused by the defendant's
conduct; and
(3) costs and attorney's fees.
(d) Notwithstanding Chapter 16, Civil Practice and Remedies
Code, or any other law, a person may bring an action under this
section not later than the second [fourth] anniversary of the date
the cause of action accrues.
(e-1) A defendant in an action brought under this section
may raise any defense or constitutional challenge available under
state or federal law, including reliance on court decisions
effective at the time the conduct that is the subject of the action
occurred. This section does not preclude the application of
binding judicial precedent or the assertion of constitutional
rights.
(f) It is a [an affirmative] defense if:
(1) a person sued under Subsection (a)(2) reasonably
believed, after conducting a reasonable investigation or relying on
a licensed physician's written assurance, that the physician
performing or inducing the abortion had complied or would comply
with this subchapter; or
(2) a person sued under Subsection (a)(3) reasonably
believed, after conducting a reasonable investigation, or for an
alleged intent to aid or abet a violation relying on a licensed
physician's written assurance, that the physician performing or
inducing the abortion will comply with this subchapter.
(g-1) This section does not apply to any speech, counseling,
or advocacy protected by the First Amendment to the United States
Constitution, as interpreted by the United States Supreme Court or
by Section 8, Article I, Texas Constitution, including:
(1) the provision of information about legally
available abortion services;
(2) discussion or promotion of reproductive health
care options; and
(3) engagement in public protest or commentary
regarding abortion laws.
(j) Notwithstanding any other law, a civil action under this
section may not be brought:
(1) by a person who impregnated the abortion patient
through an act of rape, sexual assault, incest, or any other act
prohibited by Sections 22.011, 22.021, or 25.02, Penal Code; or
(2) against an individual who provided support,
assistance, or counseling to a survivor of an act described by
Subdivision (1) in connection with an abortion.
SECTION 2. Section 171.208(e), Health and Safety Code, is
repealed.
SECTION 3. Section 171.208, Health and Safety Code, as
amended by this Act, applies only to an action filed on or after the
effective date of this Act. An action filed before the effective
date of this Act is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.