Texas 2025 - 89th Regular

Texas House Bill HB5510 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11900 JG-F
2	2	By: Leach H.B. No. 5510
3	3
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to abortion, including civil liability for distribution of
10	10	abortion-inducing drugs, and to the destruction of certain
11	11	property; making conforming changes and harmonizing conforming
12	12	provisions; creating criminal offenses; authorizing a private
13	13	civil right of action.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. This Act shall be known as the Women and Child
16	16	Protection Act.
17	17	SECTION 2. Subtitle H, Title 2, Health and Safety Code, is
18	18	amended by adding Chapter 171A to read as follows:
19	19	CHAPTER 171A. ABORTION-INDUCING DRUGS AND FACILITATION OF
20	20	ABORTION; ENFORCEMENT OF ABORTION LAWS
21	21	SUBCHAPTER A. GENERAL PROVISIONS
22	22	Sec. 171A.001. DEFINITIONS. In this chapter:
23	23	(1) "Abortion" has the meaning assigned by Section
24	24	245.002.
25	25	(2) "Abortion assistance organization" means a person
26	26	that procures or facilitates the procurement of an elective
27	27	abortion by:
28	28	(A) offering or providing money to pay for,
29	29	reimburse, insure, or offset the costs of an abortion or any costs
30	30	incurred in or associated with obtaining an elective abortion,
31	31	regardless of where the abortion is performed;
32	32	(B) paying for, reimbursing, insuring, planning,
33	33	or executing plans for travel accommodations, including
34	34	transportation, meals, or lodging, with the intent of facilitating
35	35	the procurement of an elective abortion, regardless of where the
36	36	abortion is performed;
37	37	(C) offering, providing, or paying for any type
38	38	of service or logistical support, including child care or abortion
39	39	doula services, with the intent of facilitating the procurement of
40	40	an elective abortion, regardless of where the abortion is
41	41	performed; or
42	42	(D) collecting or distributing abortion-inducing
43	43	drugs to provide easier access to the drugs.
44	44	(3) "Abortion-inducing drug" has the meaning assigned
45	45	by Section 171.061.
46	46	(4) "Abortion provider" means a person that performs
47	47	elective abortions.
48	48	(5) "Elective abortion" means an abortion performed or
49	49	induced by a licensed physician that is not performed or induced in
50	50	response to a medical emergency.
51	51	(6) "Information content provider" means a person who
52	52	is responsible, wholly or partly, for the creation or development
53	53	of information provided through the Internet or any other
54	54	interactive computer service.
55	55	(7) "Interactive computer service" means an
56	56	information service, system, or access software provider that
57	57	provides or enables computer access by multiple users to a computer
58	58	server, including specifically a service or system providing access
59	59	to the Internet and such systems operated or services offered by
60	60	libraries or educational institutions. The term does not include:
61	61	(A) an Internet service provider or the
62	62	provider's affiliates or subsidiaries;
63	63	(B) a search engine; or
64	64	(C) a cloud service provider that solely provides
65	65	access or connection to or from an Internet website or other
66	66	information or content on the Internet or on a facility, system, or
67	67	network that is not under the provider's control, including
68	68	transmission, downloading, intermediate storage, access software,
69	69	or other services.
70	70	(8) "Medical emergency" has the meaning assigned by
71	71	Section 171.002.
72	72	Sec. 171A.002. CONSTRUCTION OF CHAPTER RELATED TO
73	73	LIABILITY. This chapter may not be construed to impose liability on
74	74	the speech or conduct of:
75	75	(1) an Internet service provider or the provider's
76	76	affiliates or subsidiaries;
77	77	(2) a search engine; or
78	78	(3) a cloud service provider that solely provides
79	79	access or connection to or from an Internet website or other
80	80	information or content on the Internet or on a facility, system, or
81	81	network that is not under the provider's control, including
82	82	transmission, downloading, intermediate storage, access software,
83	83	or other services.
84	84	SUBCHAPTER B. PROTECTION FROM ABORTION-INDUCING DRUGS
85	85	Sec. 171A.051. PROHIBITIONS RELATED TO ABORTION-INDUCING
86	86	DRUGS. (a) Except as provided by Subsection (b), a person may not:
87	87	(1) manufacture, possess, or distribute an
88	88	abortion-inducing drug in this state;
89	89	(2) mail, transport, deliver, prescribe, or provide an
90	90	abortion-inducing drug in any manner to or from any person or
91	91	location in this state;
92	92	(3) provide information on the method for obtaining an
93	93	abortion-inducing drug;
94	94	(4) create, edit, upload, publish, host, maintain, or
95	95	register a domain name for an Internet website, platform, or other
96	96	interactive computer service that assists or facilitates a person's
97	97	effort in obtaining an abortion-inducing drug;
98	98	(5) create, edit, program, or distribute any
99	99	application or software for use on a computer or an electronic
100	100	device that is intended to enable individuals to obtain an
101	101	abortion-inducing drug or to facilitate an individual's access to
102	102	an abortion-inducing drug; or
103	103	(6) engage in conduct that aids or abets an act
104	104	described by this subsection if the person would be held criminally
105	105	responsible for the aiding or abetting under Chapter 7, Penal Code.
106	106	(b) Notwithstanding any other law, Subsection (a) does not
107	107	prohibit:
108	108	(1) speech or conduct protected by the First Amendment
109	109	to the United States Constitution, as made applicable to the states
110	110	through the United States Supreme Court's interpretation of the
111	111	Fourteenth Amendment to the United States Constitution or protected
112	112	by Section 8, Article I, Texas Constitution;
113	113	(2) conduct this state is prohibited from regulating
114	114	under the Texas Constitution or federal law, including the United
115	115	States Constitution;
116	116	(3) conduct of a pregnant woman who aborts or seeks to
117	117	abort the woman's unborn child;
118	118	(4) the possession, distribution, mailing, transport,
119	119	delivery, or provision of an abortion-inducing drug for a purpose
120	120	that does not include performing, inducing, attempting, or
121	121	assisting an abortion;
122	122	(5) the possession, distribution, mailing, transport,
123	123	delivery, or provision of an abortion-inducing drug for the purpose
124	124	of enabling a licensed physician to treat a pregnant woman during a
125	125	medical emergency;
126	126	(6) the possession of an abortion-inducing drug for
127	127	purposes of entrapping a person that violates this section;
128	128	(7) conduct engaged in by a person under the direction
129	129	of a federal agency, contractor, or employee to carry out a duty
130	130	under federal law, if prohibiting that conduct would violate the
131	131	doctrine of preemption or intergovernmental immunity; or
132	132	(8) conduct described by Section 171A.201(a).
133	133	Sec. 171A.052. EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW.
134	134	(a) Notwithstanding any other law, this subchapter may only be
135	135	enforced through a qui tam or private civil action brought under
136	136	Subchapter C, D, or E.
137	137	(b) No other direct or indirect enforcement of this
138	138	subchapter may be taken or threatened by this state, a political
139	139	subdivision of this state, a district or county attorney, or any
140	140	officer or employee of this state or a political subdivision of this
141	141	state against any person, by any means whatsoever, and no violation
142	142	of this subchapter may be used to justify or trigger the enforcement
143	143	of any other law or any type of adverse consequence under any other
144	144	law, except as provided in Subchapter C, D, or E.
145	145	(c) This section does not preclude or limit the enforcement
146	146	of any other law or regulation against conduct that is
147	147	independently prohibited by the other law or regulation and that
148	148	would remain prohibited by the other law or regulation in the
149	149	absence of this subchapter.
150	150	SUBCHAPTER C. CIVIL LIABILITY FOR DISTRIBUTION OF
151	151	ABORTION-INDUCING DRUGS
152	152	Sec. 171A.101. CIVIL ACTION FOR DISTRIBUTION OF
153	153	ABORTION-INDUCING DRUGS. (a) Notwithstanding any other law and
154	154	except as provided by this subchapter, a person who manufactures,
155	155	possesses, distributes, mails, transports, delivers, prescribes,
156	156	or provides an abortion-inducing drug, who aids or abets the
157	157	manufacture, possession, distribution, mailing, transport,
158	158	delivery, prescription, or provision of an abortion-inducing drug,
159	159	or who engages in any conduct prohibited by Section 171A.051 is
160	160	strictly, absolutely, and jointly and severally liable for:
161	161	(1) the wrongful death of an unborn child or pregnant
162	162	woman from the use of the abortion-inducing drug; and
163	163	(2) personal injury of an unborn child or pregnant
164	164	woman from the use of the abortion-inducing drug.
165	165	(b) A claimant may not bring an action under this section if
166	166	the action is preempted by 47 U.S.C. Section 230(c).
167	167	(c) A person who engages in conduct described by Subsection
168	168	(a) is liable for damages resulting from the death or personal
169	169	injury sustained by an unborn child or pregnant woman if the
170	170	person's conduct contributed in any way to the death or injury,
171	171	regardless of whether the person's conduct was the actual or
172	172	proximate cause of the death or injury.
173	173	(d) Notwithstanding any other law, the mother or father of
174	174	an unborn child may bring a civil action under this section for the
175	175	wrongful death of the unborn child from the use of an
176	176	abortion-inducing drug, regardless of whether the other parent
177	177	brings a civil action for the wrongful death. The biological father
178	178	of an unborn child may bring the action regardless of whether the
179	179	father was married to the unborn child's mother at the time of the
180	180	unborn child's conception or death.
181	181	(e) Notwithstanding any other law, a civil action may not be
182	182	brought under this section:
183	183	(1) against the woman who used or sought to obtain
184	184	abortion-inducing drugs to abort or attempt to abort her unborn
185	185	child;
186	186	(2) against a person that acted under the direction of
187	187	a federal agency, contractor, or employee who is carrying out
188	188	duties under federal law if the imposition of liability would
189	189	violate the doctrine of preemption or intergovernmental immunity;
190	190	or
191	191	(3) by any person who impregnated the woman who used
192	192	abortion-inducing drugs through conduct constituting sexual
193	193	assault under Section 22.011, Penal Code, or aggravated sexual
194	194	assault under Section 22.021, Penal Code, or by another person who
195	195	acts in concert or participation with that person.
196	196	(f) Notwithstanding any other law, including rules of civil
197	197	procedure adopted under Chapter 26, Civil Practice and Remedies
198	198	Code, an action brought under this section may not be litigated on
199	199	behalf of a claimant class or a defendant class, and a court may not
200	200	certify a class in the action.
201	201	Sec. 171A.102. DEFENSES. (a) It is an affirmative defense
202	202	to an action brought under Section 171A.101 that the defendant:
203	203	(1) was unaware the defendant was engaged in the
204	204	conduct described by Section 171A.101(a); and
205	205	(2) took every reasonable precaution to ensure the
206	206	defendant would not manufacture, possess, distribute, mail,
207	207	transport, deliver, prescribe, or provide or aid or abet the
208	208	manufacture, possession, distribution, mailing, transport,
209	209	delivery, prescription, or provision of abortion-inducing drugs.
210	210	(b) A defendant has the burden of proving an affirmative
211	211	defense under Subsection (a) by a preponderance of the evidence.
212	212	(c) Notwithstanding any other law, the following are not a
213	213	defense to an action brought under Section 171A.101:
214	214	(1) ignorance or mistake of law;
215	215	(2) a defendant's belief the requirements or
216	216	provisions of this chapter are unconstitutional or were
217	217	unconstitutional;
218	218	(3) a defendant's reliance on a court decision that has
219	219	been vacated, reversed, or overruled on appeal or by a subsequent
220	220	court, even if the court decision had not been vacated, reversed, or
221	221	overruled when the cause of action accrued;
222	222	(4) a defendant's reliance on a state or federal court
223	223	decision that is not binding on the court in which the action has
224	224	been brought;
225	225	(5) a defendant's reliance on a federal statute,
226	226	agency rule or action, or treaty that has been repealed,
227	227	superseded, or declared invalid or unconstitutional, even if the
228	228	federal statute, agency rule or action, or treaty had not been
229	229	repealed, superseded, or declared invalid or unconstitutional when
230	230	the cause of action accrued;
231	231	(6) the laws of another state or jurisdiction,
232	232	including an interstate abortion shield law, unless the Texas
233	233	Constitution or federal law, including the United States
234	234	Constitution, compels the court to enforce that law;
235	235	(7) non-mutual issue preclusion or non-mutual claim
236	236	preclusion;
237	237	(8) the consent of the claimant or the unborn child's
238	238	mother to the abortion;
239	239	(9) contributory or comparative negligence;
240	240	(10) assumption of risk;
241	241	(11) entrapment;
242	242	(12) lack of actual or proximate cause;
243	243	(13) sovereign immunity, governmental immunity, or
244	244	official immunity; or
245	245	(14) a claim that the enforcement of this chapter or
246	246	the imposition of civil liability against the defendant will
247	247	violate the constitutional or federally protected rights of third
248	248	parties, except as provided by Section 171A.251.
249	249	Sec. 171A.103. MARKET-SHARE LIABILITY. Notwithstanding
250	250	any other law, if a claimant who brings an action under Section
251	251	171A.101 is unable to identify the specific manufacturer of the
252	252	abortion-inducing drug that caused the death or injury that is the
253	253	basis for the action, the liability is apportioned among all
254	254	manufacturers of abortion-inducing drugs in proportion to each
255	255	manufacturer's share of the national market for abortion-inducing
256	256	drugs at the time the death or injury occurred.
257	257	Sec. 171A.104. STATUTE OF LIMITATIONS. Notwithstanding any
258	258	other law, a person may bring an action under Section 171A.101 not
259	259	later than the sixth anniversary of the date the cause of action
260	260	accrues.
261	261	Sec. 171A.105. WAIVER PROHIBITED. Notwithstanding any
262	262	other law, a waiver or purported waiver of the right to bring an
263	263	action under Section 171A.101 is void as against public policy and
264	264	is not enforceable in any court.
265	265	Sec. 171A.106. OTHER DEFENSES. Notwithstanding any other
266	266	law, this subchapter does not impose liability for:
267	267	(1) death or personal injury resulting from an
268	268	abortion performed or induced by a licensed physician in response
269	269	to a medical emergency;
270	270	(2) speech or conduct protected by the First Amendment
271	271	to the United States Constitution, as made applicable to the states
272	272	through the United States Supreme Court's interpretation of the
273	273	Fourteenth Amendment to the United States Constitution, or
274	274	protected by Section 8, Article I, Texas Constitution;
275	275	(3) conduct this state is prohibited from regulating
276	276	under the Texas Constitution or federal law, including the United
277	277	States Constitution;
278	278	(4) conduct of a pregnant woman who aborts or seeks to
279	279	abort her unborn child;
280	280	(5) the possession, distribution, mailing, transport,
281	281	delivery, or provision of an abortion-inducing drug for the purpose
282	282	of enabling a licensed physician to treat a pregnant woman during a
283	283	medical emergency;
284	284	(6) the provision of basic public services, including
285	285	fire and police protection and utilities, by this state, a
286	286	political subdivision of this state, or a common carrier to an
287	287	abortion provider, an abortion assistance organization, an
288	288	affiliate of an abortion provider or an abortion assistance
289	289	organization, or a manufacturer or distributor of
290	290	abortion-inducing drugs, in the same manner as this state, the
291	291	political subdivision, or the common carrier provides those
292	292	services to the general public; or
293	293	(7) conduct a person engages in under the direction of
294	294	a federal agency, contractor, or employee to carry out a duty under
295	295	federal law, if a prohibition on that conduct would violate the
296	296	doctrine of preemption or intergovernmental immunity.
297	297	Sec. 171A.107. JURISDICTION; APPLICABILITY OF STATE LAW.
298	298	(a) Notwithstanding any other law, including Subchapter C, Chapter
299	299	17, Civil Practice and Remedies Code, the courts of this state have
300	300	personal jurisdiction over a defendant sued under Section 171A.101
301	301	to the maximum extent permitted by the Fourteenth Amendment to the
302	302	United States Constitution and the defendant may be served outside
303	303	this state.
304	304	(b) Notwithstanding any other law, the law of this state
305	305	applies to the use of an abortion-inducing drug by a resident of
306	306	this state, regardless of where the use of the drug occurs, and to
307	307	an action brought under Section 171A.101 to the maximum extent
308	308	permitted by the Texas Constitution and federal law, including the
309	309	United States Constitution.
310	310	(c) Notwithstanding any other law, any contractual
311	311	choice-of-law provision that requires or purports to require
312	312	application of the laws of a different jurisdiction is void based on
313	313	this state's public policy and is not enforceable in any court.
314	314	(d) Notwithstanding any other law, Chapters 27 and 110,
315	315	Civil Practice and Remedies Code, do not apply to an action brought
316	316	under Section 171A.101.
317	317	Sec. 171A.108. COORDINATED ENFORCEMENT PROHIBITED. (a)
318	318	Notwithstanding any other law, this state, a political subdivision
319	319	of this state, or an officer or employee of this state or a
320	320	political subdivision of this state may not:
321	321	(1) act in concert or participation with a claimant
322	322	bringing an action under Section 171A.101;
323	323	(2) establish or attempt to establish any type of
324	324	agency or fiduciary relationship with a claimant bringing an action
325	325	under Section 171A.101;
326	326	(3) attempt to control or influence a person's
327	327	decision to bring an action under Section 171A.101 or that person's
328	328	conduct of the litigation; or
329	329	(4) intervene in an action brought under Section
330	330	171A.101.
331	331	(b) This section does not prohibit this state, a political
332	332	subdivision of this state, or an officer or employee of this state
333	333	or a political subdivision of this state from filing an amicus
334	334	curiae brief in an action brought under Section 171A.101 if the
335	335	state, political subdivision, officer, or employee does not act in
336	336	concert or participation with the claimant who brings the action.
337	337	SUBCHAPTER D. QUI TAM ENFORCEMENT OF PROHIBITIONS RELATING TO
338	338	ABORTION-INDUCING DRUGS
339	339	Sec. 171A.151. QUI TAM ACTION AUTHORIZED. (a) Except as
340	340	provided by this section, a person, other than a political
341	341	subdivision of this state or an officer or employee of a political
342	342	subdivision of this state, has standing to bring and may bring a qui
343	343	tam action against a person who:
344	344	(1) violates Section 171A.051; or
345	345	(2) intends to violate Section 171A.051.
346	346	(b) An action brought under this section must be brought in
347	347	the name of the qui tam relator and of the state.
348	348	(c) A qui tam relator may not bring an action under this
349	349	section if the action is preempted by 47 U.S.C. Section 230(c).
350	350	(d) Notwithstanding any other law, a qui tam action may not
351	351	be brought under this section:
352	352	(1) against the woman who used or sought to obtain
353	353	abortion-inducing drugs to abort or attempt to abort her unborn
354	354	child;
355	355	(2) against a person that acted under the direction of
356	356	a federal agency, contractor, or employee who is carrying out
357	357	duties under federal law if the imposition of liability would
358	358	violate the doctrine of preemption or intergovernmental immunity;
359	359	(3) against a common carrier that:
360	360	(A) transports a pregnant woman or other
361	361	passenger to an abortion provider; and
362	362	(B) is unaware the passenger is traveling to an
363	363	abortion provider; or
364	364	(4) by any person who impregnated the woman who used or
365	365	sought to obtain abortion-inducing drugs through conduct
366	366	constituting sexual assault under Section 22.011, Penal Code, or
367	367	aggravated sexual assault under Section 22.021, Penal Code, or by
368	368	another person who acts in concert or participation with that
369	369	person.
370	370	(e) Notwithstanding any other law, including rules of civil
371	371	procedure adopted under Chapter 26, Civil Practice and Remedies
372	372	Code, an action brought under this section may not be litigated on
373	373	behalf of a claimant class or a defendant class, and a court may not
374	374	certify a class in the action.
375	375	Sec. 171A.152. DEFENSES. (a) It is an affirmative defense
376	376	to an action brought under Section 171A.151 that the defendant:
377	377	(1) was unaware the defendant was engaged in the
378	378	conduct prohibited by Section 171A.051; and
379	379	(2) took every reasonable precaution to ensure the
380	380	defendant would not violate Section 171A.051.
381	381	(b) A defendant has the burden of proving an affirmative
382	382	defense under Subsection (a) by a preponderance of the evidence.
383	383	(c) Notwithstanding any other law, the following are not a
384	384	defense to an action brought under Section 171A.151:
385	385	(1) ignorance or mistake of law;
386	386	(2) a defendant's belief the requirements or
387	387	provisions of this chapter are unconstitutional or were
388	388	unconstitutional;
389	389	(3) a defendant's reliance on a court decision that has
390	390	been vacated, reversed, or overruled on appeal or by a subsequent
391	391	court, even if the court decision had not been vacated, reversed, or
392	392	overruled when the cause of action accrued;
393	393	(4) a defendant's reliance on a state or federal court
394	394	decision that is not binding on the court in which the action has
395	395	been brought;
396	396	(5) a defendant's reliance on a federal statute,
397	397	agency rule or action, or treaty that has been repealed,
398	398	superseded, or declared invalid or unconstitutional, even if the
399	399	federal statute, agency rule or action, or treaty had not been
400	400	repealed, superseded, or declared invalid or unconstitutional when
401	401	the cause of action accrued;
402	402	(6) the laws of another state or jurisdiction,
403	403	including an interstate abortion shield law, unless the Texas
404	404	Constitution or federal law, including the United States
405	405	Constitution, compels the court to enforce that law;
406	406	(7) non-mutual issue preclusion or non-mutual claim
407	407	preclusion;
408	408	(8) entrapment;
409	409	(9) sovereign immunity, governmental immunity, or
410	410	official immunity; or
411	411	(10) a claim that the enforcement of this chapter or
412	412	the imposition of civil liability against the defendant will
413	413	violate the constitutional or federally protected rights of third
414	414	parties, except as provided by Section 171A.251.
415	415	Sec. 171A.153. STATUTE OF LIMITATIONS. Notwithstanding any
416	416	other law, a person may bring an action under Section 171A.151 not
417	417	later than the sixth anniversary of the date the cause of action
418	418	accrues.
419	419	Sec. 171A.154. REMEDIES. (a) Except as provided by
420	420	Subsection (b), if a qui tam relator prevails in an action brought
421	421	under Section 171A.151, the court shall award to the relator:
422	422	(1) injunctive relief sufficient to prevent the
423	423	defendant from violating Section 171A.051;
424	424	(2) statutory damages in an amount of not less than
425	425	$100,000 for each violation of Section 171A.051; and
426	426	(3) costs and reasonable attorney's fees.
427	427	(b) A court may not award relief under Subsection (a)(2) or
428	428	(a)(3) in response to a violation of Section 171A.051 if the
429	429	defendant demonstrates that a court already ordered the defendant
430	430	to pay damages under Subsection (a)(2) in another action for that
431	431	particular violation.
432	432	(c) Notwithstanding any other law, a court may not award
433	433	costs or attorney's fees to a defendant against whom an action is
434	434	brought under Section 171A.151.
435	435	Sec. 171A.155. CONSTRUCTION OF SUBCHAPTER RELATED TO FIRST
436	436	AMENDMENT PROTECTIONS. This subchapter may not be construed to
437	437	impose liability on speech or conduct protected by the First
438	438	Amendment to the United States Constitution, as made applicable to
439	439	the states through the United States Supreme Court's interpretation
440	440	of the Fourteenth Amendment to the United States Constitution, or
441	441	protected by Section 8, Article I, Texas Constitution.
442	442	Sec. 171A.156. COORDINATED ENFORCEMENT PROHIBITED. (a)
443	443	Notwithstanding any other law, a political subdivision of this
444	444	state or an officer or employee of a political subdivision of this
445	445	state may not:
446	446	(1) act in concert or participation with a qui tam
447	447	relator bringing an action under Section 171A.151;
448	448	(2) establish or attempt to establish any type of
449	449	agency or fiduciary relationship with a qui tam relator bringing an
450	450	action under Section 171A.151;
451	451	(3) attempt to control or influence a person's
452	452	decision to bring an action under Section 171A.151 or that person's
453	453	conduct of the litigation; or
454	454	(4) intervene in an action brought under Section
455	455	171A.151.
456	456	(b) This section does not prohibit a political subdivision
457	457	of this state or an officer or employee of a political subdivision
458	458	of this state from filing an amicus curiae brief in an action
459	459	brought under Section 171A.151 if the political subdivision,
460	460	officer, or employee does not act in concert or participation with
461	461	the qui tam relator.
462	462	Sec. 171A.157. JURISDICTION; APPLICABILITY OF STATE LAW.
463	463	(a) Notwithstanding any other law, including Subchapter C, Chapter
464	464	17, Civil Practice and Remedies Code, the courts of this state have
465	465	personal jurisdiction over a defendant sued under Section 171A.151
466	466	to the maximum extent permitted by the Fourteenth Amendment to the
467	467	United States Constitution and the defendant may be served outside
468	468	this state.
469	469	(b) Notwithstanding any other law, the law of this state
470	470	applies to an action brought under Section 171A.151 to the maximum
471	471	extent permitted by the Texas Constitution or federal law,
472	472	including the United States Constitution.
473	473	(c) Notwithstanding any other law, any contractual
474	474	choice-of-law provision that requires or purports to require
475	475	application of the laws of a different jurisdiction is void based on
476	476	this state's public policy and is not enforceable in any court.
477	477	(d) Notwithstanding any other law, Chapters 27 and 110,
478	478	Civil Practice and Remedies Code, do not apply to an action brought
479	479	under Section 171A.151.
480	480	SUBCHAPTER E. QUI TAM ENFORCEMENT AGAINST INTERACTIVE COMPUTER
481	481	SERVICES FACILITATING ABORTION
482	482	Sec. 171A.201. QUI TAM ACTION AGAINST INTERACTIVE COMPUTER
483	483	SERVICE PROVIDER. (a) A person, other than this state, a political
484	484	subdivision of this state, or an officer or employee of this state
485	485	or a political subdivision of this state, has standing to bring and
486	486	may bring a qui tam action against a person who provides or
487	487	maintains:
488	488	(1) an interactive computer service that allows
489	489	residents of this state to access information or material that
490	490	aids, abets, assists, or facilitates efforts to obtain elective
491	491	abortions or abortion-inducing drugs;
492	492	(2) a platform for downloading any application or
493	493	software for use on a computer or electronic device used to aid,
494	494	abet, assist, or facilitate efforts to obtain elective abortions or
495	495	abortion-inducing drugs; or
496	496	(3) a platform that allows or enables those who
497	497	provide or aid or abet elective abortions, or those who
498	498	manufacture, possess, distribute, mail, transport, deliver,
499	499	prescribe, or provide abortion-inducing drugs, to collect money,
500	500	digital currency, resources, or any other thing of value in
501	501	connection with that conduct.
502	502	(b) An action brought under this section must be brought in
503	503	the name of the qui tam relator and of the state.
504	504	(c) Notwithstanding any other law, including rules of civil
505	505	procedure adopted under Chapter 26, Civil Practice and Remedies
506	506	Code, an action brought under this section may not be litigated on
507	507	behalf of a claimant class or a defendant class, and no court may
508	508	certify a class in the action.
509	509	Sec. 171A.202. DEFENSES. (a) It is an affirmative defense
510	510	to an action brought under Section 171A.201 that the defendant:
511	511	(1) was unaware that the defendant's interactive
512	512	computer service or platform was being used to assist or facilitate
513	513	efforts to obtain elective abortions or abortion-inducing drugs;
514	514	and
515	515	(2) on learning the defendant's interactive computer
516	516	service or platform was being used to assist or facilitate efforts
517	517	to obtain elective abortions or abortion-inducing drugs, took
518	518	prompt action to:
519	519	(A) block access to any information, material,
520	520	application, or software that assists or facilitates efforts to
521	521	obtain elective abortions or abortion-inducing drugs; and
522	522	(B) block those who provide or aid or abet
523	523	elective abortions and those who manufacture, distribute, mail,
524	524	transport, deliver, or provide abortion-inducing drugs, from
525	525	collecting money, digital currency, resources, or any other thing
526	526	of value through its interactive computer service or platform.
527	527	(b) A defendant has the burden of proving an affirmative
528	528	defense under Subsection (a) by a preponderance of the evidence.
529	529	Sec. 171A.203. REMEDIES. (a) Except as provided by
530	530	Subsection (b), if a qui tam relator prevails in an action brought
531	531	under Section 171A.201, the court shall award only declaratory or
532	532	injunctive relief. A court may not, under any circumstances,
533	533	award:
534	534	(1) damages or civil penalties in any amount in the
535	535	action; or
536	536	(2) attorney's fees or costs.
537	537	(b) A court may not award relief under Subsection (a) if the
538	538	action was brought in response to:
539	539	(1) the defendant's exercise of a constitutional or
540	540	federally protected right that belongs personally to the defendant;
541	541	(2) conduct engaged in at the direction of a federal
542	542	agency, contractor, or employee who is carrying out a duty under
543	543	federal law, if the relief authorized by Subsection (a) would
544	544	violate the doctrine of preemption or intergovernmental immunity;
545	545	or
546	546	(3) conduct of a woman who aborted or attempted to
547	547	abort her unborn child, if that woman is the named defendant in the
548	548	action.
549	549	Sec. 171A.204. RELATION TO OTHER INFORMATION CONTENT
550	550	PROVIDERS. A person who engages in conduct described by Section
551	551	171A.201(a) may not be:
552	552	(1) held vicariously liable for nominal, statutory, or
553	553	compensatory damages incurred by another information content
554	554	provider;
555	555	(2) held liable or legally responsible for the conduct
556	556	of a publisher or speaker of any information provided by another
557	557	information content provider; or
558	558	(3) treated as the speaker or publisher of any
559	559	information provided by another information content provider under
560	560	any provision of the laws of this state.
561	561	Sec. 171A.205. EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW.
562	562	(a) Notwithstanding any other law, this subchapter may only be
563	563	enforced through a qui tam action brought under Section 171A.201.
564	564	(b) No other direct or indirect enforcement of this
565	565	subchapter may be taken or threatened by this state, a political
566	566	subdivision of this state, a district or county attorney, or any
567	567	officer or employee of this state or a political subdivision of this
568	568	state against any person, by any means whatsoever, and no violation
569	569	of this subchapter may be used to justify or trigger the enforcement
570	570	of any other law or any type of adverse consequence under any other
571	571	law, except as provided in this subchapter.
572	572	(c) This section does not preclude or limit the enforcement
573	573	of any other law or regulation against conduct that is
574	574	independently prohibited by that other law or regulation and that
575	575	would remain prohibited by that other law or regulation in the
576	576	absence of this subchapter.
577	577	Sec. 171A.206. COORDINATED ENFORCEMENT PROHIBITED. (a)
578	578	Notwithstanding any other law, a political subdivision of this
579	579	state or an officer or employee of a political subdivision of this
580	580	state may not:
581	581	(1) act in concert or participation with a qui tam
582	582	relator bringing an action under Section 171A.201;
583	583	(2) establish or attempt to establish any type of
584	584	agency or fiduciary relationship with a qui tam relator bringing an
585	585	action under Section 171A.201;
586	586	(3) attempt to control or influence a person's
587	587	decision to bring an action under Section 171A.201 or that person's
588	588	conduct of the litigation; or
589	589	(4) intervene in an action brought under Section
590	590	171A.201.
591	591	(b) This section does not prohibit a political subdivision
592	592	of this state or an officer or employee of a political subdivision
593	593	of this state from filing an amicus curiae brief in an action
594	594	brought under Section 171A.201 if the political subdivision,
595	595	officer, or employee does not act in concert or participation with
596	596	the qui tam relator.
597	597	Sec. 171A.207. JURISDICTION; APPLICABILITY OF STATE LAW.
598	598	(a) Notwithstanding any other law, including Subchapter C, Chapter
599	599	17, Civil Practice and Remedies Code, the courts of this state have
600	600	personal jurisdiction over a defendant sued under Section 171A.201
601	601	to the maximum extent permitted by the Fourteenth Amendment to the
602	602	United States Constitution and the defendant may be served outside
603	603	this state.
604	604	(b) Notwithstanding any other law, the law of this state
605	605	applies to an action brought under Section 171A.201 to the maximum
606	606	extent permitted by the Texas Constitution or federal law,
607	607	including the United States Constitution.
608	608	(c) Notwithstanding any other law, any contractual
609	609	choice-of-law provision that requires or purports to require
610	610	application of the laws of a different jurisdiction is void based on
611	611	this state's public policy and is not enforceable in any court.
612	612	(d) Notwithstanding any other law, Chapters 27 and 110,
613	613	Civil Practice and Remedies Code, do not apply to an action brought
614	614	under Section 171A.201.
615	615	Sec. 171A.208. INTERACTIVE COMPUTER SERVICE USER OR
616	616	PROVIDER IMMUNITY FOR CERTAIN ACTIONS. Notwithstanding any other
617	617	law, a provider or user of an interactive computer service,
618	618	Internet service provider, search engine, or cloud service provider
619	619	has absolute and nonwaivable immunity from liability or suit for:
620	620	(1) an action taken to restrict access to or
621	621	availability of information or material that assists or facilitates
622	622	access to elective abortions or abortion-inducing drugs,
623	623	regardless of whether the information or material is
624	624	constitutionally protected from government censorship;
625	625	(2) an action taken to enable or make available to
626	626	information content providers or others the technical means to
627	627	restrict access to information or material described by Subdivision
628	628	(1); or
629	629	(3) a denial of service to persons who provide or aid
630	630	or abet elective abortions or who manufacture, mail, distribute,
631	631	transport, or provide abortion-inducing drugs.
632	632	SUBCHAPTER F. PROVISIONS GENERALLY APPLICABLE TO CIVIL LIABILITY
633	633	FOR FACILITATING ABORTION
634	634	Sec. 171A.251. AFFIRMATIVE DEFENSE. (a) A defendant
635	635	against whom an action is brought under Section 171A.101, 171A.151,
636	636	or 171A.201 may assert an affirmative defense to liability under
637	637	this section if:
638	638	(1) the imposition of civil liability on the defendant
639	639	will violate the defendant's personal constitutional or federally
640	640	protected rights;
641	641	(2) the defendant:
642	642	(A) has standing to assert the rights of a third
643	643	party under the tests for third-party standing established by the
644	644	United States Supreme Court; and
645	645	(B) demonstrates the imposition of civil
646	646	liability on the defendant will violate constitutional or federally
647	647	protected rights belonging to a third party;
648	648	(3) the imposition of civil liability on the defendant
649	649	will violate the defendant's rights under the Texas Constitution;
650	650	or
651	651	(4) the imposition of civil liability on the defendant
652	652	would violate the limits on extraterritorial jurisdiction imposed
653	653	by the United States Constitution or the Texas Constitution.
654	654	(b) The defendant has the burden of proving an affirmative
655	655	defense described by Subsection (a) by a preponderance of the
656	656	evidence.
657	657	Sec. 171A.252. CONSTRUCTION OF CHAPTER WITH RESPECT TO
658	658	CIVIL LIABILITY AND ENFORCEMENT. This chapter may not be construed
659	659	to limit or preclude a defendant from asserting the
660	660	unconstitutionality of any provision or application of the laws of
661	661	this state as a defense to liability under Section 171A.101,
662	662	171A.151, or 171A.201 or from asserting any other defense that
663	663	might be available under any other source of law.
664	664	Sec. 171A.253. APPLICATION OF OTHER LAW. (a)
665	665	Notwithstanding any other law, a court may not apply the law of
666	666	another state or jurisdiction to any civil or qui tam action brought
667	667	under Section 171A.101, 171A.151, or 171A.201 unless the Texas
668	668	Constitution or federal law, including the United States
669	669	Constitution, compels it to do so.
670	670	(b) Notwithstanding any other law, any contractual
671	671	choice-of-law provision that requires or purports to require
672	672	application of the laws of a different jurisdiction is void based on
673	673	this state's public policy and is not enforceable in any court.
674	674	Sec. 171A.254. VENUE. (a) Notwithstanding any other law,
675	675	including Chapter 15, Civil Practice and Remedies Code, a civil or
676	676	qui tam action brought under Section 171A.101, 171A.151, or
677	677	171A.201 may be brought in:
678	678	(1) the county in which all or a substantial part of
679	679	the events or omissions giving rise to the claim occurred;
680	680	(2) the county of a defendant's residence at the time
681	681	the cause of action accrued if a defendant is an individual;
682	682	(3) the county of the principal office in this state of
683	683	a defendant that is not an individual; or
684	684	(4) the county of the claimant's residence if the
685	685	claimant is an individual residing in this state.
686	686	(b) If a civil or qui tam action is brought under Section
687	687	171A.101, 171A.151, or 171A.201 in a venue described by Subsection
688	688	(a), the action may not be transferred to a different venue without
689	689	the written consent of all parties.
690	690	(c) Notwithstanding any other law, any contractual
691	691	choice-of-forum provision that requires or purports to require a
692	692	civil or qui tam action under Sections 171A.101, 171A.151, or
693	693	171A.201 to be litigated in a particular forum is void based on this
694	694	state's public policy and is not enforceable in any court.
695	695	Sec. 171A.255. PROTECTION FROM COUNTER ACTIONS. If an
696	696	action is brought against a person or a judgment is entered against
697	697	a person based wholly or partly on the person's decision to bring or
698	698	threat to bring an action under Section 171A.101, 171A.151, or
699	699	171A.201, the person may recover damages from the claimant who
700	700	brought the action or obtained the judgment or who has sought to
701	701	enforce the judgment. The damages must include:
702	702	(1) compensatory damages created by the action or
703	703	judgment, including money damages in an amount of the judgment and
704	704	costs, expenses, and reasonable attorney's fees spent in defending
705	705	the action;
706	706	(2) costs, expenses, and reasonable attorney's fees
707	707	incurred in bringing an action under this section; and
708	708	(3) additional statutory damages in an amount of not
709	709	less than $100,000.
710	710	SUBCHAPTER G. CRIMINAL OFFENSES
711	711	Sec. 171A.301. OFFENSE: PAYING OR REIMBURSING ABORTION
712	712	COSTS. (a) A person that knowingly pays for or reimburses the
713	713	costs associated with obtaining an elective abortion performed on a
714	714	pregnant woman commits an offense. An offense under this
715	715	subsection is a felony of the second degree, except that the offense
716	716	is a felony of the first degree if an unborn child or the pregnant
717	717	woman dies as a result of the offense.
718	718	(b) The prohibition under Subsection (a) applies regardless
719	719	of:
720	720	(1) the individual on whom the elective abortion is
721	721	performed;
722	722	(2) the location where the elective abortion is
723	723	performed;
724	724	(3) the law of the jurisdiction in which the elective
725	725	abortion is performed; and
726	726	(4) whether the payment or reimbursement is provided
727	727	directly or through an intermediary.
728	728	(c) The prohibition under Subsection (a) does not apply to
729	729	the pregnant woman on whom the elective abortion is performed or
730	730	attempted.
731	731	(d) The prohibition under Subsection (a) applies
732	732	extraterritorially to the maximum extent permitted by the Texas
733	733	Constitution or federal law, including the United States
734	734	Constitution.
735	735	Sec. 171A.302. OFFENSE: DESTROYING EVIDENCE OF ABORTION.
736	736	(a) A person commits an offense if the person knowingly or
737	737	recklessly conceals, destroys, or spoliates evidence of an elective
738	738	abortion performed or attempted:
739	739	(1) in this state; or
740	740	(2) on a resident of this state, regardless of whether
741	741	the person knew or should have known that the elective abortion was
742	742	performed or attempted on the resident.
743	743	(b) An offense under Subsection (a) is a felony of the
744	744	second degree.
745	745	(c) The prohibition under Subsection (a) does not apply to
746	746	the pregnant woman on whom the elective abortion is performed or
747	747	attempted.
748	748	(d) The prohibition under Subsection (a) applies
749	749	extraterritorially to the maximum extent permitted by the Texas
750	750	Constitution or federal law, including the United States
751	751	Constitution.
752	752	SUBCHAPTER H. PROVISIONS RELATING TO ENFORCEMENT OF ABORTION LAWS
753	753	Sec. 171A.351. DEFINITION. In this subchapter, "criminal
754	754	abortion law" means any law of this state imposing criminal
755	755	penalties on abortion, including Chapter 6-1/2, Title 71, Revised
756	756	Statutes.
757	757	Sec. 171A.352. STATUTE OF LIMITATIONS. Notwithstanding any
758	758	other law, there is no applicable statute of limitations for an
759	759	offense committed under a criminal abortion law.
760	760	Sec. 171A.353. CONCURRENT JURISDICTION OF ATTORNEY
761	761	GENERAL. Notwithstanding any other law, the attorney general has
762	762	concurrent jurisdiction to prosecute any criminal abortion law and
763	763	may authorize a district attorney to investigate or prosecute a
764	764	violation of an abortion law if a local district attorney fails or
765	765	refuses to investigate or prosecute the violation.
766	766	Sec. 171A.354. ATTORNEY GENERAL ACTION FOR VIOLATION OF
767	767	CERTAIN ABORTION LAWS. (a) The attorney general has parens patriae
768	768	standing to bring an action under this section on behalf of unborn
769	769	children of residents of this state.
770	770	(b) The attorney general may bring an action for damages or
771	771	injunctive relief on behalf of an unborn child of a resident of this
772	772	state against a person who violates any criminal abortion law of
773	773	this state except for Subchapter H, Chapter 171, or Subchapter B, C,
774	774	D, or E of this chapter.
775	775	Sec. 171A.355. FEE SHIFTING. (a) Notwithstanding any
776	776	other law, a person, including an entity, attorney, or law firm, who
777	777	seeks declaratory or injunctive relief to prevent a person,
778	778	including this state, a political subdivision of this state, or an
779	779	officer, employee, or agent of this state or a political
780	780	subdivision of this state, from enforcing or bringing an action to
781	781	enforce a law, including a statute, ordinance, rule, or regulation,
782	782	that regulates or restricts abortion or that limits taxpayer
783	783	funding for persons that perform or promote abortions in any state
784	784	or federal court, or who represents a litigant seeking such relief
785	785	in any state or federal court, is jointly and severally liable to
786	786	pay the costs and reasonable attorney's fees of the prevailing
787	787	party in the action seeking declaratory or injunctive relief,
788	788	including the costs and reasonable attorney's fees that the
789	789	prevailing party incurs in its efforts to recover costs and fees.
790	790	(b) For purposes of this section, a party is considered a
791	791	prevailing party if:
792	792	(1) a state or federal court dismisses a claim or cause
793	793	of action brought against the party by a litigant that seeks the
794	794	declaratory or injunctive relief described by Subsection (a),
795	795	regardless of the reason for the dismissal;
796	796	(2) a state or federal court enters judgment in the
797	797	party's favor on that claim or cause of action; or
798	798	(3) the litigant that seeks the declaratory or
799	799	injunctive relief described by Subsection (a) voluntarily
800	800	dismisses or nonsuits its claims against the party under Rule 41,
801	801	Federal Rules of Civil Procedure, Rule 162, Texas Rules of Civil
802	802	Procedure, or any other procedural rule.
803	803	(c) A prevailing party may recover costs and reasonable
804	804	attorney's fees under this section only to the extent that those
805	805	costs and attorney's fees were incurred while defending claims or
806	806	causes of action on which the party prevailed.
807	807	(d) Regardless of whether a prevailing party sought to
808	808	recover costs or attorney's fees in the underlying action, a
809	809	prevailing party under this section may bring a civil action to
810	810	recover costs and attorney's fees against a person, including an
811	811	entity, attorney, or law firm, who sought declaratory or injunctive
812	812	relief described by Subsection (a) not later than the third
813	813	anniversary of the date on which, as applicable:
814	814	(1) the dismissal or judgment described by Subsection
815	815	(b) becomes final on the conclusion of appellate review; or
816	816	(2) the time for seeking appellate review expires.
817	817	(e) It is not a defense to a civil action brought under
818	818	Subsection (d) that:
819	819	(1) a prevailing party under this section failed to a
820	820	seek recovery of costs or attorney's fees in the underlying action;
821	821	(2) the court in the underlying action declined to
822	822	recognize or enforce this section; or
823	823	(3) the court in the underlying action held that any
824	824	provisions of this section are invalid, unconstitutional, or
825	825	preempted by federal law, notwithstanding the doctrine of issue or
826	826	claim preclusion.
827	827	(f) Notwithstanding any other law, including Chapter 15,
828	828	Civil Practice and Remedies Code, a civil action brought under
829	829	Subsection (d) may be brought in:
830	830	(1) the county in which all or a substantial part of
831	831	the events or omissions giving rise to the claim occurred;
832	832	(2) the county of residence of a defendant at the time
833	833	the cause of action accrued, if the defendant is an individual;
834	834	(3) the county of the principal office in this state of
835	835	a defendant that is not an individual; or
836	836	(4) the county of residence of the claimant, if the
837	837	claimant is an individual residing in this state.
838	838	(g) If a civil action is brought under Subsection (d) in a
839	839	venue described by Subsection (f), the action may not be
840	840	transferred to a different venue without the written consent of all
841	841	parties.
842	842	(h) Notwithstanding any other law, any contractual
843	843	choice-of-forum provision that purports to require a civil action
844	844	under Subsection (d) be litigated in another forum is void based on
845	845	this state's public policy and is not enforceable in any state or
846	846	federal court.
847	847	SUBCHAPTER I. IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION
848	848	Sec. 171A.401. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
849	849	IMMUNITY. (a) Notwithstanding any other law, the state has
850	850	sovereign immunity, a political subdivision of this state has
851	851	governmental immunity, and an officer or employee of this state or a
852	852	political subdivision of this state has official immunity in an
853	853	action, claim, counterclaim, or any other type of legal or
854	854	equitable action that:
855	855	(1) challenges the validity of any provision or
856	856	application of this chapter, on constitutional grounds or
857	857	otherwise; or
858	858	(2) seeks to prevent or enjoin this state, a political
859	859	subdivision of this state, or an officer, employee, or agent of this
860	860	state or a political subdivision of this state from:
861	861	(A) enforcing any provision or application of
862	862	this chapter; or
863	863	(B) filing, hearing, adjudicating, or docketing
864	864	an action brought under Section 171A.101, 171A.151, or 171A.201 or
865	865	an action described by Section 171A.208.
866	866	(b) Sovereign immunity conferred by this section includes
867	867	the constitutional sovereign immunity recognized by the United
868	868	States Supreme Court, which applies in both state and federal court
869	869	and may not be abrogated by Congress or by a state or federal court
870	870	except under congressional legislation authorized by:
871	871	(1) Section 5 of the Fourteenth Amendment, United
872	872	States Constitution;
873	873	(2) the Bankruptcy Clause of Article I, United States
874	874	Constitution;
875	875	(3) Congress's powers to raise and support armies and
876	876	to provide and maintain a navy; or
877	877	(4) any other congressional power that the United
878	878	States Supreme Court recognizes as a ground for abrogating a
879	879	state's sovereign immunity.
880	880	Sec. 171A.402. APPLICABILITY OF IMMUNITY. Notwithstanding
881	881	any other law, the immunities conferred by Section 171A.401 apply
882	882	in every court, both state and federal, and in every type of
883	883	adjudicative proceeding.
884	884	Sec. 171A.403. CONSTRUCTION OF CHAPTER RELATED TO ASSERTED
885	885	DEFENSE. This chapter may not be construed to prevent a litigant
886	886	from asserting the invalidity or unconstitutionality of a provision
887	887	or application of this chapter as a defense to an action, claim, or
888	888	counterclaim brought against the litigant.
889	889	Sec. 171A.404. WAIVER OF IMMUNITY. (a) Notwithstanding
890	890	any other law, a provision of the laws of this state may not be
891	891	construed to waive or abrogate an immunity conferred by Section
892	892	171A.401 unless it expressly waives or abrogates immunity with
893	893	specific reference to that section.
894	894	(b) Notwithstanding any other law, an attorney representing
895	895	the state, a political subdivision of this state, or an officer or
896	896	employee of this state or a political subdivision of this state may
897	897	not waive an immunity conferred by Section 171A.401 or take an
898	898	action that would result in a waiver of that immunity. A purported
899	899	waiver or action described by this subsection is considered void
900	900	and an ultra vires act.
901	901	Sec. 171A.405. JURISDICTION. Notwithstanding any other
902	902	law, including Chapter 37, Civil Practice and Remedies Code, a
903	903	court of this state does not have jurisdiction to consider and may
904	904	not award relief under any action, claim, or counterclaim that:
905	905	(1) seeks declaratory or injunctive relief, or any
906	906	type of writ, including a writ of prohibition, that would pronounce
907	907	any provision or application of this chapter invalid or
908	908	unconstitutional; or
909	909	(2) would restrain a person, including this state, a
910	910	political subdivision of this state, or an officer, employee, or
911	911	agent of this state or a political subdivision of this state, from:
912	912	(A) enforcing any provision or application of
913	913	this chapter; or
914	914	(B) filing, hearing, adjudicating, or docketing
915	915	an action brought under Section 171A.101, 171A.151, or 171A.201 or
916	916	an action described by Section 171A.208.
917	917	Sec. 171A.406. EFFECT OF CONTRARY JUDICIAL ACTIONS. (a)
918	918	Notwithstanding any other law, judicial relief issued by a court of
919	919	this state that disregards the immunity conferred by Section
920	920	171A.401 or the limits on jurisdiction or permissible relief
921	921	described by Section 171A.405:
922	922	(1) is considered void because a court without
923	923	jurisdiction issued the relief; and
924	924	(2) may not be enforced or obeyed by an officer,
925	925	employee, or agent, including a judicial official, of this state or
926	926	a political subdivision of this state.
927	927	(b) Notwithstanding any other law, a writ, injunction, or
928	928	declaratory judgment issued by a court of this state that purports
929	929	to restrain a person, including this state, a political subdivision
930	930	of this state, or an officer or employee of this state or a
931	931	political subdivision of this state, from hearing, adjudicating,
932	932	docketing, or filing an action brought under Section 171A.101,
933	933	171A.151, or 171A.201 or an action described by Section 171A.208:
934	934	(1) is considered void and a violation of the Due
935	935	Process Clause of the Fourteenth Amendment to the United States
936	936	Constitution; and
937	937	(2) may not be enforced or obeyed by an officer,
938	938	employee, or agent, including a judicial official, of this state or
939	939	a political subdivision of this state.
940	940	Sec. 171A.407. LIABILITY FOR VIOLATION. (a)
941	941	Notwithstanding any other law, a person may bring an action against
942	942	an officer, employee, or agent, including a judicial official, of
943	943	this state or a political subdivision of this state, who issues,
944	944	enforces, or obeys a writ, injunction, or declaratory judgment
945	945	described by Section 171A.406(b) if the writ, injunction, or
946	946	judgment prevents or delays the person from bringing an action
947	947	under Section 171A.101, 171A.151, or 171A.201 or an action
948	948	described by Section 171A.208.
949	949	(b) A claimant who prevails in an action brought under this
950	950	section is entitled to:
951	951	(1) injunctive relief;
952	952	(2) compensatory damages;
953	953	(3) exemplary damages of not less than $100,000; and
954	954	(4) costs and reasonable attorney's fees.
955	955	(c) Notwithstanding any other law, in an action brought
956	956	under this section, a person who violates Section 171A.405 or
957	957	171A.406(b):
958	958	(1) may not assert and is not entitled to any type of
959	959	immunity defense, including sovereign immunity, governmental
960	960	immunity, official immunity, or judicial immunity;
961	961	(2) may not be indemnified for an award of damages or
962	962	costs and attorney's fees entered against the person or for the
963	963	costs of the person's legal defense; and
964	964	(3) may not receive or obtain legal representation
965	965	from the attorney general.
966	966	SECTION 3. Section 27.010(a), Civil Practice and Remedies
967	967	Code, is amended to read as follows:
968	968	(a) This chapter does not apply to:
969	969	(1) an enforcement action that is brought in the name
970	970	of this state or a political subdivision of this state by the
971	971	attorney general, a district attorney, a criminal district
972	972	attorney, or a county attorney;
973	973	(2) a legal action brought against a person primarily
974	974	engaged in the business of selling or leasing goods or services, if
975	975	the statement or conduct arises out of the sale or lease of goods,
976	976	services, or an insurance product, insurance services, or a
977	977	commercial transaction in which the intended audience is an actual
978	978	or potential buyer or customer;
979	979	(3) a legal action seeking recovery for bodily injury,
980	980	wrongful death, or survival or to statements made regarding that
981	981	legal action;
982	982	(4) a legal action brought under the Insurance Code or
983	983	arising out of an insurance contract;
984	984	(5) a legal action arising from an officer-director,
985	985	employee-employer, or independent contractor relationship that:
986	986	(A) seeks recovery for misappropriation of trade
987	987	secrets or corporate opportunities; or
988	988	(B) seeks to enforce a non-disparagement
989	989	agreement or a covenant not to compete;
990	990	(6) a legal action filed under Title 1, 2, 4, or 5,
991	991	Family Code, or an application for a protective order under
992	992	Subchapter A, Chapter 7B, Code of Criminal Procedure;
993	993	(7) a legal action brought under Chapter 17, Business &
994	994	Commerce Code, other than an action governed by Section 17.49(a)
995	995	of that chapter;
996	996	(8) a legal action in which a moving party raises a
997	997	defense pursuant to Section 160.010, Occupations Code, Section
998	998	161.033, Health and Safety Code, or the Health Care Quality
999	999	Improvement Act of 1986 (42 U.S.C. 11101 et seq.);
1000	1000	(9) an eviction suit brought under Chapter 24,
1001	1001	Property Code;
1002	1002	(10) a disciplinary action or disciplinary proceeding
1003	1003	brought under Chapter 81, Government Code, or the Texas Rules of
1004	1004	Disciplinary Procedure;
1005	1005	(11) a legal action brought under Chapter 554,
1006	1006	Government Code;
1007	1007	(12) a legal action based on a common law fraud claim;
1008	1008	[or]
1009	1009	(13) a legal malpractice claim brought by a client or
1010	1010	former client;
1011	1011	(14) an action brought under Chapter 170, 170A, 171,
1012	1012	or 171A, Health and Safety Code, or a petition for the taking of a
1013	1013	deposition under Rule 202, Texas Rules of Civil Procedure, to
1014	1014	investigate a potential claim or in anticipation of an action under
1015	1015	those chapters; or
1016	1016	(15) an action brought under Section 30.022.
1017	1017	SECTION 4. Chapter 110, Civil Practice and Remedies Code,
1018	1018	is amended by adding Section 110.013 to read as follows:
1019	1019	Sec. 110.013. LAWS REGULATING OR RESTRICTING ABORTION NOT
1020	1020	AFFECTED. Nothing in this chapter may be construed to limit the
1021	1021	scope or enforcement of Chapter 170, 170A, 171, or 171A, Health and
1022	1022	Safety Code, or Chapter 6-1/2, Title 71, Revised Statutes, or any
1023	1023	other law that regulates or restricts abortion or that withholds
1024	1024	taxpayer funds from entities that perform or promote abortions.
1025	1025	SECTION 5. Subchapter H, Chapter 171, Health and Safety
1026	1026	Code, is amended by adding Section 171.2105 to read as follows:
1027	1027	Sec. 171.2105. JURISDICTION. Notwithstanding any other
1028	1028	law, including Chapter 37, Civil Practice and Remedies Code, a
1029	1029	court of this state does not have jurisdiction to consider and may
1030	1030	not award relief under any action, claim, or counterclaim that
1031	1031	seeks declaratory or injunctive relief, or any type of writ,
1032	1032	including a writ of prohibition, that would pronounce any provision
1033	1033	or application of this subchapter invalid or unconstitutional.
1034	1034	SECTION 6. Section 71.02(a), Penal Code, as amended by
1035	1035	Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B.
1036	1036	4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular
1037	1037	Session, 2023, is reenacted and amended to read as follows:
1038	1038	(a) A person commits an offense if, with the intent to
1039	1039	establish, maintain, or participate in a combination or in the
1040	1040	profits of a combination or as a member of a criminal street gang or
1041	1041	foreign terrorist organization, the person commits or conspires to
1042	1042	commit one or more of the following:
1043	1043	(1) murder, capital murder, arson, aggravated
1044	1044	robbery, robbery, burglary, theft, aggravated kidnapping,
1045	1045	kidnapping, aggravated assault, aggravated sexual assault, sexual
1046	1046	assault, continuous sexual abuse of young child or disabled
1047	1047	individual, solicitation of a minor, forgery, deadly conduct,
1048	1048	assault punishable as a Class A misdemeanor, burglary of a motor
1049	1049	vehicle, or unauthorized use of a motor vehicle;
1050	1050	(2) any gambling offense punishable as a Class A
1051	1051	misdemeanor;
1052	1052	(3) promotion of prostitution, aggravated promotion
1053	1053	of prostitution, or compelling prostitution;
1054	1054	(4) unlawful manufacture, transportation, repair, or
1055	1055	sale of firearms or prohibited weapons;
1056	1056	(5) unlawful manufacture, delivery, dispensation, or
1057	1057	distribution of a controlled substance or dangerous drug, or
1058	1058	unlawful possession of a controlled substance or dangerous drug:
1059	1059	(A) through forgery, fraud, misrepresentation,
1060	1060	or deception; or
1061	1061	(B) with the intent to deliver the controlled
1062	1062	substance or dangerous drug;
1063	1063	(5-a) causing the unlawful delivery, dispensation, or
1064	1064	distribution of a controlled substance or dangerous drug in
1065	1065	violation of Subtitle B, Title 3, Occupations Code;
1066	1066	[(5-b) any unlawful possession with intent to deliver
1067	1067	a controlled substance or dangerous drug;
1068	1068	[(5-b) unlawful possession with intent to deliver a
1069	1069	controlled substance listed in Penalty Group 1-B under Section
1070	1070	481.1022, Health and Safety Code;]
1071	1071	(6) any unlawful wholesale promotion or possession of
1072	1072	any obscene material or obscene device with the intent to wholesale
1073	1073	promote the same;
1074	1074	(7) any offense under Subchapter B, Chapter 43,
1075	1075	depicting or involving conduct by or directed toward a child
1076	1076	younger than 18 years of age;
1077	1077	(8) any felony offense under Chapter 32;
1078	1078	(9) any offense under Chapter 36;
1079	1079	(10) any offense under Chapter 34, 35, or 35A;
1080	1080	(11) any offense under Section 37.11(a);
1081	1081	(12) any offense under Chapter 20A;
1082	1082	(13) any offense under Section 37.10;
1083	1083	(14) any offense under Section 38.06, 38.07, 38.09, or
1084	1084	38.11;
1085	1085	(15) any offense under Section 42.10;
1086	1086	(16) any offense under Section 46.06(a)(1) or 46.14;
1087	1087	(17) any offense under Section 20.05, 20.06, or 20.07;
1088	1088	(18) any offense under Section 16.02;
1089	1089	(19) any offense punishable under Section 42.03(d) or
1090	1090	(e);
1091	1091	(20) [(19)] an offense under Section 28.03 that is
1092	1092	punishable under Subsection (b)(4)(E) of that section;
1093	1093	(21) [(20)] an offense under Section 31.21 that is
1094	1094	punishable under Subsection (d) of that section; [or]
1095	1095	(22) [(20)] any offense classified as a felony under
1096	1096	the Tax Code; [or]
1097	1097	(23) [(21)] any offense under Section 545.420,
1098	1098	Transportation Code;
1099	1099	(24) a violation of 18 U.S.C. Section 1461 that
1100	1100	involves using the mails for the mailing, carriage in the mails, or
1101	1101	delivery of:
1102	1102	(A) any item designed, adapted, or intended for
1103	1103	producing an elective abortion, as defined by Section 171A.001,
1104	1104	Health and Safety Code; or
1105	1105	(B) any instrument, substance, drug, medicine,
1106	1106	or other item that is advertised or described in a manner calculated
1107	1107	to lead a person to use or apply the item for producing an elective
1108	1108	abortion, as defined by Section 171A.001, Health and Safety Code;
1109	1109	(25) a violation of 18 U.S.C. Section 1462(c) that
1110	1110	involves:
1111	1111	(A) using any express company or other common
1112	1112	carrier or interactive computer service for carrying through
1113	1113	interstate or foreign commerce any drug, medicine, article, or item
1114	1114	designed, adapted, or intended for producing an elective abortion,
1115	1115	as defined by Section 171A.001, Health and Safety Code; or
1116	1116	(B) knowingly taking or receiving from an express
1117	1117	company or other common carrier or interactive computer service for
1118	1118	carrying through interstate or foreign commerce a drug, medicine,
1119	1119	article, or item described by Paragraph (A);
1120	1120	(26) a violation of an abortion law under Chapter 170
1121	1121	or 170A, Health and Safety Code, or Chapter 6-1/2, Title 71, Revised
1122	1122	Statutes; or
1123	1123	(27) an offense under Chapter 28 involving damage or
1124	1124	destruction to the property of a church, a crisis pregnancy center,
1125	1125	an adoption agency, or an entity that offers services covered under
1126	1126	the Thriving Texas Families Program established under Chapter 54,
1127	1127	Health and Safety Code.
1128	1128	SECTION 7. Chapter 171A, Health and Safety Code, as added by
1129	1129	this Act, applies only to a cause of action that accrues on or after
1130	1130	the effective date of this Act.
1131	1131	SECTION 8. Section 71.02(a), Penal Code, as reenacted and
1132	1132	amended by this Act, applies only to an offense committed on or
1133	1133	after the effective date of this Act. An offense committed before
1134	1134	the effective date of this Act is governed by the law in effect on
1135	1135	the date the offense was committed, and the former law is continued
1136	1136	in effect for that purpose. For purposes of this section, an
1137	1137	offense was committed before the effective date of this Act if any
1138	1138	element of the offense occurred before that date.
1139	1139	SECTION 9. It is the intent of the legislature that every
1140	1140	provision, section, subsection, sentence, clause, phrase, or word
1141	1141	in this Act, and every application of the provisions in this Act to
1142	1142	every person, group of persons, or circumstances, is severable from
1143	1143	each other. If any application of any provision in this Act to any
1144	1144	person, group of persons, or circumstances is found by a court to be
1145	1145	invalid for any reason, the remaining applications of that
1146	1146	provision to all other persons and circumstances shall be severed
1147	1147	and may not be affected.
1148	1148	SECTION 10. This Act takes effect September 1, 2025.