Relating to abortion, including civil liability for distribution of abortion-inducing drugs; making conforming changes and harmonizing conforming provisions; authorizing a private civil right of action.

89(R) SB 2880 - Engrossed version - Bill Text

By: Hughes, et al.

S.B. No. 2880

A BILL TO BE ENTITLED

AN ACT

relating to abortion, including civil liability for distribution of

abortion-inducing drugs; making conforming changes and harmonizing

conforming provisions; authorizing a private civil right of action.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Women and Child

Protection Act.

SECTION 2. Subtitle H, Title 2, Health and Safety Code, is

amended by adding Chapter 171A to read as follows:

CHAPTER 171A. ABORTION-INDUCING DRUGS AND FACILITATION OF

ABORTION; ENFORCEMENT OF ABORTION LAWS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 171A.001. DEFINITIONS. In this chapter:

(1)

"Abortion" has the meaning assigned by Section

245.002.

(2)

"Abortion-inducing drug" has the meaning assigned

by Section 171.061.

(3)

"Abortion provider" means a person that performs

elective abortions.

(4)

"Elective abortion" means an abortion performed or

induced by a licensed physician that is not performed or induced in

response to a medical emergency.

(5)

"Information content provider" means a person who

is responsible, wholly or partly, for the creation or development

of information provided through the Internet or any other

interactive computer service.

(6)

"Interactive computer service" means an

information service, system, or access software provider that

provides or enables computer access by multiple users to a computer

server, including specifically a service or system providing access

to the Internet and such systems operated or services offered by

libraries or educational institutions. The term does not include:

(A)

an Internet service provider or the

provider's affiliates or subsidiaries;

(B) a search engine; or

(C)

a cloud service provider that solely provides

access or connection to or from an Internet website or other

information or content on the Internet or on a facility, system, or

network that is not under the provider's control, including

transmission, downloading, intermediate storage, access software,

or other services.

(7)

"Medical emergency" has the meaning assigned by

Section 171.002.

Sec.

171A.002.

CONSTRUCTION OF CHAPTER RELATED TO

LIABILITY. This chapter may not be construed to impose liability on

the speech or conduct of:

(1)

an Internet service provider or the provider's

affiliates or subsidiaries;

(2) a search engine; or

(3)

a cloud service provider that solely provides

access or connection to or from an Internet website or other

information or content on the Internet or on a facility, system, or

network that is not under the provider's control, including

transmission, downloading, intermediate storage, access software,

or other services.

SUBCHAPTER B. PROTECTION FROM ABORTION-INDUCING DRUGS

Sec.

171A.051.

PROHIBITIONS RELATED TO ABORTION-INDUCING

DRUGS. (a) Except as provided by Subsection (b), a person may not:

(1)

manufacture or distribute an abortion-inducing

drug in this state; or

(2)

mail, transport, deliver, prescribe, or provide an

abortion-inducing drug in any manner to any person or location in

this state.

(b)

Notwithstanding any other law, Subsection (a) does not

prohibit:

(1)

speech or conduct protected by the First Amendment

to the United States Constitution, as made applicable to the states

through the United States Supreme Court's interpretation of the

Fourteenth Amendment to the United States Constitution or protected

by Section 8, Article I, Texas Constitution;

(2)

conduct this state is prohibited from regulating

under the Texas Constitution or federal law, including the United

States Constitution;

(3)

conduct of a pregnant woman who aborts or seeks to

abort the woman's unborn child;

(4)

the possession, distribution, mailing, transport,

delivery, or provision of an abortion-inducing drug for a purpose

that does not include performing, inducing, attempting, or

assisting an abortion;

(5)

the possession, distribution, mailing, transport,

delivery, or provision of an abortion-inducing drug for the purpose

of enabling a licensed physician to treat a pregnant woman during a

medical emergency;

(6)

the possession of an abortion-inducing drug for

purposes of entrapping a person that violates this section; or

(7)

conduct engaged in by a person under the direction

of a federal agency, contractor, or employee to carry out a duty

under federal law, if prohibiting that conduct would violate the

doctrine of preemption or intergovernmental immunity.

Sec.

171A.052.

EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW.

(a) Notwithstanding any other law, this subchapter may only be

enforced through a qui tam or private civil action brought under

Subchapter C, D, or E.

(b)

No other direct or indirect enforcement of this

subchapter may be taken or threatened by this state, a political

subdivision of this state, a district or county attorney, or any

officer or employee of this state or a political subdivision of this

state against any person, by any means whatsoever, and no violation

of this subchapter may be used to justify or trigger the enforcement

of any other law or any type of adverse consequence under any other

law, except as provided in Subchapter C, D, or E.

(c)

This section does not preclude or limit the enforcement

of any other law or regulation against conduct that is

independently prohibited by the other law or regulation and that

would remain prohibited by the other law or regulation in the

absence of this subchapter.

SUBCHAPTER C. CIVIL LIABILITY FOR DISTRIBUTION OF

ABORTION-INDUCING DRUGS

Sec.

171A.101.

CIVIL ACTION FOR DISTRIBUTION OF

ABORTION-INDUCING DRUGS. (a) Notwithstanding any other law and

except as provided by this subchapter, a person who manufactures,

distributes, mails, prescribes, or provides an abortion-inducing

drug, or who engages in any conduct prohibited by Section 171A.051

is strictly, absolutely, and jointly and severally liable for:

(1)

the wrongful death of an unborn child or pregnant

woman from the use of the abortion-inducing drug; and

(2)

personal injury of an unborn child or pregnant

woman from the use of the abortion-inducing drug.

(b)

A claimant may not bring an action under this section if

the action is preempted by 47 U.S.C. Section 230(c).

(c)

A person who engages in conduct described by Subsection

(a) is liable for damages resulting from the death or personal

injury sustained by an unborn child or pregnant woman if the

person's conduct contributed in any way to the death or injury,

regardless of whether the person's conduct was the actual or

proximate cause of the death or injury.

(d)

Notwithstanding any other law, the mother or father of

an unborn child may bring a civil action under this section for the

wrongful death of the unborn child from the use of an

abortion-inducing drug, regardless of whether the other parent

brings a civil action for the wrongful death. The biological father

of an unborn child may bring the action regardless of whether the

father was married to the unborn child's mother at the time of the

unborn child's conception or death.

(e)

Notwithstanding any other law, a civil action may not be

brought under this section:

(1)

against the woman who used or sought to obtain

abortion-inducing drugs to abort or attempt to abort her unborn

child;

(2)

against a person that acted under the direction of

a federal agency, contractor, or employee who is carrying out

duties under federal law if the imposition of liability would

violate the doctrine of preemption or intergovernmental immunity;

or

(3)

by any person who impregnated the woman who used

abortion-inducing drugs through conduct constituting sexual

assault under Section 22.011, Penal Code, or aggravated sexual

assault under Section 22.021, Penal Code, or by another person who

acts in concert or participation with that person.

(f)

Notwithstanding any other law, including rules of civil

procedure adopted under Chapter 26, Civil Practice and Remedies

Code, an action brought under this section may not be litigated on

behalf of a claimant class or a defendant class, and a court may not

certify a class in the action.

Sec.

171A.102.

DEFENSES. (a) It is an affirmative defense

to an action brought under Section 171A.101 that the defendant:

(1)

was unaware the defendant was engaged in the

conduct described by Section 171A.101(a); and

(2)

took every reasonable precaution to ensure the

defendant would not manufacture, distribute, mail, prescribe, or

provide or aid or abet the manufacture, distribution, mailing,

prescription, or provision of abortion-inducing drugs.

(b)

A defendant has the burden of proving an affirmative

defense under Subsection (a) by a preponderance of the evidence.

(c)

Notwithstanding any other law, the following are not a

defense to an action brought under Section 171A.101:

(1) ignorance or mistake of law;

(2)

a defendant's belief the requirements or

provisions of this chapter are unconstitutional or were

unconstitutional;

(3)

a defendant's reliance on a court decision that has

been vacated, reversed, or overruled on appeal or by a subsequent

court, even if the court decision had not been vacated, reversed, or

overruled when the cause of action accrued;

(4)

a defendant's reliance on a state or federal court

decision that is not binding on the court in which the action has

been brought;

(5)

a defendant's reliance on a federal statute,

agency rule or action, or treaty that has been repealed,

superseded, or declared invalid or unconstitutional, even if the

federal statute, agency rule or action, or treaty had not been

repealed, superseded, or declared invalid or unconstitutional when

the cause of action accrued;

(6)

the laws of another state or jurisdiction,

including an interstate abortion shield law, unless the Texas

Constitution or federal law, including the United States

Constitution, compels the court to enforce that law;

(7)

non-mutual issue preclusion or non-mutual claim

preclusion;

(8)

the consent of the claimant or the unborn child's

mother to the abortion;

(9) contributory or comparative negligence;

(10) assumption of risk;

(11) entrapment;

(12) lack of actual or proximate cause;

(13)

sovereign immunity, governmental immunity, or

official immunity; or

(14)

a claim that the enforcement of this chapter or

the imposition of civil liability against the defendant will

violate the constitutional or federally protected rights of third

parties, except as provided by Section 171A.251.

Sec.

171A.103.

MARKET-SHARE LIABILITY. Notwithstanding

any other law, if a claimant who brings an action under Section

171A.101 is unable to identify the specific manufacturer of the

abortion-inducing drug that caused the death or injury that is the

basis for the action, the liability is apportioned among all

manufacturers of abortion-inducing drugs in proportion to each

manufacturer's share of the national market for abortion-inducing

drugs at the time the death or injury occurred.

Sec.

171A.104.

STATUTE OF LIMITATIONS. Notwithstanding any

other law, a person may bring an action under Section 171A.101 not

later than the sixth anniversary of the date the cause of action

accrues.

Sec.

171A.105.

WAIVER PROHIBITED. Notwithstanding any

other law, a waiver or purported waiver of the right to bring an

action under Section 171A.101 is void as against public policy and

is not enforceable in any court.

Sec.

171A.106.

OTHER DEFENSES. Notwithstanding any other

law, this subchapter does not impose liability for:

(1)

death or personal injury resulting from an

abortion performed or induced by a licensed physician in response

to a medical emergency;

(2)

speech or conduct protected by the First Amendment

to the United States Constitution, as made applicable to the states

through the United States Supreme Court's interpretation of the

Fourteenth Amendment to the United States Constitution, or

protected by Section 8, Article I, Texas Constitution;

(3)

conduct this state is prohibited from regulating

under the Texas Constitution or federal law, including the United

States Constitution;

(4)

conduct of a pregnant woman who aborts or seeks to

abort her unborn child;

(5)

the possession, distribution, mailing, transport,

delivery, or provision of an abortion-inducing drug for the purpose

of enabling a licensed physician to treat a pregnant woman during a

medical emergency; or

(6)

conduct a person engages in under the direction of

a federal agency, contractor, or employee to carry out a duty under

federal law, if a prohibition on that conduct would violate the

doctrine of preemption or intergovernmental immunity.

Sec.

171A.107.

JURISDICTION; APPLICABILITY OF STATE LAW.

(a) Notwithstanding any other law, including Subchapter C, Chapter

17, Civil Practice and Remedies Code, the courts of this state have

personal jurisdiction over a defendant sued under Section 171A.101

to the maximum extent permitted by the Fourteenth Amendment to the

United States Constitution and the defendant may be served outside

this state.

(b)

Notwithstanding any other law, the law of this state

applies to the use of an abortion-inducing drug by a resident of

this state, regardless of where the use of the drug occurs, and to

an action brought under Section 171A.101 to the maximum extent

permitted by the Texas Constitution and federal law, including the

United States Constitution.

(c)

Notwithstanding any other law, any contractual

choice-of-law provision that requires or purports to require

application of the laws of a different jurisdiction is void based on

this state's public policy and is not enforceable in any court.

(d)

Notwithstanding any other law, Chapters 27 and 110,

Civil Practice and Remedies Code, do not apply to an action brought

under Section 171A.101.

Sec.

171A.108.

COORDINATED ENFORCEMENT PROHIBITED. (a)

Notwithstanding any other law, this state, a political subdivision

of this state, or an officer or employee of this state or a

political subdivision of this state may not:

(1)

act in concert or participation with a claimant

bringing an action under Section 171A.101;

(2)

establish or attempt to establish any type of

agency or fiduciary relationship with a claimant bringing an action

under Section 171A.101;

(3)

attempt to control or influence a person's

decision to bring an action under Section 171A.101 or that person's

conduct of the litigation; or

(4)

intervene in an action brought under Section

171A.101.

(b)

This section does not prohibit this state, a political

subdivision of this state, or an officer or employee of this state

or a political subdivision of this state from filing an amicus

curiae brief in an action brought under Section 171A.101 if the

state, political subdivision, officer, or employee does not act in

concert or participation with the claimant who brings the action.

SUBCHAPTER D. QUI TAM ENFORCEMENT OF PROHIBITIONS RELATING TO

ABORTION-INDUCING DRUGS

Sec.

171A.151.

QUI TAM ACTION AUTHORIZED. (a) Except as

provided by this section, a person, other than a political

subdivision of this state or an officer or employee of a political

subdivision of this state, has standing to bring and may bring a qui

tam action against a person who:

(1) violates Section 171A.051; or

(2) intends to violate Section 171A.051.

(b)

An action brought under this section must be brought in

the name of the qui tam relator and of the state.

(c)

A qui tam relator may not bring an action under this

section if the action is preempted by 47 U.S.C. Section 230(c).

(d)

Notwithstanding any other law, a qui tam action may not

be brought under this section:

(1)

against the woman who used or sought to obtain

abortion-inducing drugs to abort or attempt to abort her unborn

child;

(2)

against a person that acted under the direction of

a federal agency, contractor, or employee who is carrying out

duties under federal law if the imposition of liability would

violate the doctrine of preemption or intergovernmental immunity;

(3) against a common carrier that:

(A)

transports a pregnant woman or other

passenger to an abortion provider; and

(B)

is unaware the passenger is traveling to an

abortion provider; or

(4)

by any person who impregnated the woman who used or

sought to obtain abortion-inducing drugs through conduct

constituting sexual assault under Section 22.011, Penal Code, or

aggravated sexual assault under Section 22.021, Penal Code, or by

another person who acts in concert or participation with that

person.

(e)

Notwithstanding any other law, including rules of civil

procedure adopted under Chapter 26, Civil Practice and Remedies

Code, an action brought under this section may not be litigated on

behalf of a claimant class or a defendant class, and a court may not

certify a class in the action.

Sec.

171A.152.

DEFENSES. (a) It is an affirmative defense

to an action brought under Section 171A.151 that the defendant:

(1)

was unaware the defendant was engaged in the

conduct prohibited by Section 171A.051; and

(2)

took every reasonable precaution to ensure the

defendant would not violate Section 171A.051.

(b)

A defendant has the burden of proving an affirmative

defense under Subsection (a) by a preponderance of the evidence.

(c)

Notwithstanding any other law, the following are not a

defense to an action brought under Section 171A.151:

(1) ignorance or mistake of law;

(2)

a defendant's belief the requirements or

provisions of this chapter are unconstitutional or were

unconstitutional;

(3)

a defendant's reliance on a court decision that has

been vacated, reversed, or overruled on appeal or by a subsequent

court, even if the court decision had not been vacated, reversed, or

overruled when the cause of action accrued;

(4)

a defendant's reliance on a state or federal court

decision that is not binding on the court in which the action has

been brought;

(5)

a defendant's reliance on a federal statute,

agency rule or action, or treaty that has been repealed,

superseded, or declared invalid or unconstitutional, even if the

federal statute, agency rule or action, or treaty had not been

repealed, superseded, or declared invalid or unconstitutional when

the cause of action accrued;

(6)

the laws of another state or jurisdiction,

including an interstate abortion shield law, unless the Texas

Constitution or federal law, including the United States

Constitution, compels the court to enforce that law;

(7)

non-mutual issue preclusion or non-mutual claim

preclusion;

(8) entrapment;

(9)

sovereign immunity, governmental immunity, or

official immunity; or

(10)

a claim that the enforcement of this chapter or

the imposition of civil liability against the defendant will

violate the constitutional or federally protected rights of third

parties, except as provided by Section 171A.251.

Sec.

171A.153.

STATUTE OF LIMITATIONS. Notwithstanding any

other law, a person may bring an action under Section 171A.151 not

later than the sixth anniversary of the date the cause of action

accrues.

Sec.

171A.154.

REMEDIES. (a) Except as provided by

Subsection (b), if a qui tam relator prevails in an action brought

under Section 171A.151, the court shall award to the relator:

(1)

injunctive relief sufficient to prevent the

defendant from violating Section 171A.051;

(2)

statutory damages in an amount of not less than

$100,000 for each violation of Section 171A.051; and

(3) costs and reasonable attorney's fees.

(b)

A court may not award relief under Subsection (a)(2) or

(a)(3) in response to a violation of Section 171A.051 if the

defendant demonstrates that a court already ordered the defendant

to pay damages under Subsection (a)(2) in another action for that

particular violation.

(c)

Notwithstanding any other law, a court may not award

costs or attorney's fees to a defendant against whom an action is

brought under Section 171A.151.

Sec.

171A.155.

CONSTRUCTION OF SUBCHAPTER RELATED TO FIRST

AMENDMENT PROTECTIONS. This subchapter may not be construed to

impose liability on speech or conduct protected by the First

Amendment to the United States Constitution, as made applicable to

the states through the United States Supreme Court's interpretation

of the Fourteenth Amendment to the United States Constitution, or

protected by Section 8, Article I, Texas Constitution.

Sec.

171A.156.

COORDINATED ENFORCEMENT PROHIBITED. (a)

Notwithstanding any other law, a political subdivision of this

state or an officer or employee of a political subdivision of this

state may not:

(1)

act in concert or participation with a qui tam

relator bringing an action under Section 171A.151;

(2)

establish or attempt to establish any type of

agency or fiduciary relationship with a qui tam relator bringing an

action under Section 171A.151;

(3)

attempt to control or influence a person's

decision to bring an action under Section 171A.151 or that person's

conduct of the litigation; or

(4)

intervene in an action brought under Section

171A.151.

(b)

This section does not prohibit a political subdivision

of this state or an officer or employee of a political subdivision

of this state from filing an amicus curiae brief in an action

brought under Section 171A.151 if the political subdivision,

officer, or employee does not act in concert or participation with

the qui tam relator.

Sec.

171A.157.

JURISDICTION; APPLICABILITY OF STATE LAW.

(a) Notwithstanding any other law, including Subchapter C, Chapter

17, Civil Practice and Remedies Code, the courts of this state have

personal jurisdiction over a defendant sued under Section 171A.151

to the maximum extent permitted by the Fourteenth Amendment to the

United States Constitution and the defendant may be served outside

this state.

(b)

Notwithstanding any other law, the law of this state

applies to an action brought under Section 171A.151 to the maximum

extent permitted by the Texas Constitution or federal law,

including the United States Constitution.

(c)

Notwithstanding any other law, any contractual

choice-of-law provision that requires or purports to require

application of the laws of a different jurisdiction is void based on

this state's public policy and is not enforceable in any court.

(d)

Notwithstanding any other law, Chapters 27 and 110,

Civil Practice and Remedies Code, do not apply to an action brought

under Section 171A.151.

SUBCHAPTER E. PROVISIONS GENERALLY APPLICABLE TO CIVIL LIABILITY

FOR FACILITATING ABORTION

Sec.

171A.251.

AFFIRMATIVE DEFENSE. (a) A defendant

against whom an action is brought under Section 171A.101 or

171A.151 may assert an affirmative defense to liability under this

section if:

(1)

the imposition of civil liability on the defendant

will violate the defendant's personal constitutional or federally

protected rights;

(2) the defendant:

(A)

has standing to assert the rights of a third

party under the tests for third-party standing established by the

United States Supreme Court; and

(B)

demonstrates the imposition of civil

liability on the defendant will violate constitutional or federally

protected rights belonging to a third party;

(3)

the imposition of civil liability on the defendant

will violate the defendant's rights under the Texas Constitution;

or

(4)

the imposition of civil liability on the defendant

would violate the limits on extraterritorial jurisdiction imposed

by the United States Constitution or the Texas Constitution.

(b)

The defendant has the burden of proving an affirmative

defense described by Subsection (a) by a preponderance of the

evidence.

Sec.

171A.252.

CONSTRUCTION OF CHAPTER WITH RESPECT TO

CIVIL LIABILITY AND ENFORCEMENT. This chapter may not be construed

to limit or preclude a defendant from asserting the

unconstitutionality of any provision or application of the laws of

this state as a defense to liability under Section 171A.101 or

171A.151 from asserting any other defense that might be available

under any other source of law.

Sec.

171A.253.

APPLICATION OF OTHER LAW. (a)

Notwithstanding any other law, a court may not apply the law of

another state or jurisdiction to any civil or qui tam action brought

under Section 171A.101 or 171A.151 unless the Texas Constitution or

federal law, including the United States Constitution, compels it

to do so.

(b)

Notwithstanding any other law, any contractual

choice-of-law provision that requires or purports to require

application of the laws of a different jurisdiction is void based on

this state's public policy and is not enforceable in any court.

Sec.

171A.254.

VENUE. (a) Notwithstanding any other law,

including Chapter 15, Civil Practice and Remedies Code, a civil or

qui tam action brought under Section 171A.101 or 171A.151 may be

brought in:

(1)

the county in which all or a substantial part of

the events or omissions giving rise to the claim occurred;

(2)

the county of a defendant's residence at the time

the cause of action accrued if a defendant is an individual;

(3)

the county of the principal office in this state of

a defendant that is not an individual; or

(4)

the county of the claimant's residence if the

claimant is an individual residing in this state.

(b)

If a civil or qui tam action is brought under Section

171A.101 or 171A.151 in a venue described by Subsection (a), the

action may not be transferred to a different venue without the

written consent of all parties.

(c)

Notwithstanding any other law, any contractual

choice-of-forum provision that requires or purports to require a

civil or qui tam action under Sections 171A.101 or 171A.151 to be

litigated in a particular forum is void based on this state's public

policy and is not enforceable in any court.

Sec.

171A.255.

PROTECTION FROM COUNTER ACTIONS. If an

action is brought against a person or a judgment is entered against

a person based wholly or partly on the person's decision to bring or

threat to bring an action under Section 171A.101 or 171A.151 the

person may recover damages from the claimant who brought the action

or obtained the judgment or who has sought to enforce the judgment.

The damages must include:

(1)

compensatory damages created by the action or

judgment, including money damages in an amount of the judgment and

costs, expenses, and reasonable attorney's fees spent in defending

the action;

(2)

costs, expenses, and reasonable attorney's fees

incurred in bringing an action under this section; and

(3)

additional statutory damages in an amount of not

less than $100,000.

SUBCHAPTER F. PROVISIONS RELATING TO ENFORCEMENT OF ABORTION LAWS

Sec.

171A.351.

DEFINITION. In this subchapter, "criminal

abortion law" means any law of this state imposing criminal

penalties on abortion, including Chapter 6-1/2, Title 71, Revised

Statutes.

Sec.

171A.352.

ATTORNEY GENERAL ACTION FOR VIOLATION OF

CERTAIN ABORTION LAWS. (a) The attorney general has parens patriae

standing to bring a civil action under this section on behalf of

unborn children of residents of this state.

(b)

The attorney general may bring a civil action for

damages or injunctive relief on behalf of an unborn child of a

resident of this state against a person who violates any criminal

abortion law of this state except for Subchapter H, Chapter 171, or

Subchapter B, C, D, or E of this chapter.

Sec.

171A.353.

FEE SHIFTING. (a) Notwithstanding any

other law, a person, including an entity, attorney, or law firm, who

seeks declaratory or injunctive relief to prevent a person,

including this state, a political subdivision of this state, or an

officer, employee, or agent of this state or a political

subdivision of this state, from enforcing or bringing an action to

enforce a law, including a statute, ordinance, rule, or regulation,

that regulates or restricts abortion or that limits taxpayer

funding for persons that perform or promote abortions in any state

or federal court, or who represents a litigant seeking such relief

in any state or federal court, is jointly and severally liable to

pay the costs and reasonable attorney's fees of the prevailing

party in the action seeking declaratory or injunctive relief,

including the costs and reasonable attorney's fees that the

prevailing party incurs in its efforts to recover costs and fees.

(b)

For purposes of this section, a party is considered a

prevailing party if:

(1)

a state or federal court dismisses a claim or cause

of action brought against the party by a litigant that seeks the

declaratory or injunctive relief described by Subsection (a),

regardless of the reason for the dismissal;

(2)

a state or federal court enters judgment in the

party's favor on that claim or cause of action; or

(3)

the litigant that seeks the declaratory or

injunctive relief described by Subsection (a) voluntarily

dismisses or nonsuits its claims against the party under Rule 41,

Federal Rules of Civil Procedure, Rule 162, Texas Rules of Civil

Procedure, or any other procedural rule.

(c)

A prevailing party may recover costs and reasonable

attorney's fees under this section only to the extent that those

costs and attorney's fees were incurred while defending claims or

causes of action on which the party prevailed.

(d)

Regardless of whether a prevailing party sought to

recover costs or attorney's fees in the underlying action, a

prevailing party under this section may bring a civil action to

recover costs and attorney's fees against a person, including an

entity, attorney, or law firm, who sought declaratory or injunctive

relief described by Subsection (a) not later than the third

anniversary of the date on which, as applicable:

(1)

the dismissal or judgment described by Subsection

(b) becomes final on the conclusion of appellate review; or

(2) the time for seeking appellate review expires.

(e)

It is not a defense to a civil action brought under

Subsection (d) that:

(1)

a prevailing party under this section failed to

seek recovery of costs or attorney's fees in the underlying action;

(2)

the court in the underlying action declined to

recognize or enforce this section; or

(3)

the court in the underlying action held that any

provisions of this section are invalid, unconstitutional, or

preempted by federal law, notwithstanding the doctrine of issue or

claim preclusion.

(f)

Notwithstanding any other law, including Chapter 15,

Civil Practice and Remedies Code, a civil action brought under

Subsection (d) may be brought in:

(1)

the county in which all or a substantial part of

the events or omissions giving rise to the claim occurred;

(2)

the county of residence of a defendant at the time

the cause of action accrued, if the defendant is an individual;

(3)

the county of the principal office in this state of

a defendant that is not an individual; or

(4)

the county of residence of the claimant, if the

claimant is an individual residing in this state.

(g)

If a civil action is brought under Subsection (d) in a

venue described by Subsection (f), the action may not be

transferred to a different venue without the written consent of all

parties.

(h)

Notwithstanding any other law, any contractual

choice-of-forum provision that purports to require a civil action

under Subsection (d) be litigated in another forum is void based on

this state's public policy and is not enforceable in any state or

federal court.

SUBCHAPTER G. IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION

Sec.

171A.401.

SOVEREIGN, GOVERNMENTAL, AND OFFICIAL

IMMUNITY. (a) Notwithstanding any other law, the state has

sovereign immunity, a political subdivision of this state has

governmental immunity, and an officer or employee of this state or a

political subdivision of this state has official immunity in an

action, claim, counterclaim, or any other type of legal or

equitable action that:

(1)

challenges the validity of any provision or

application of this chapter, on constitutional grounds or

otherwise; or

(2)

seeks to prevent or enjoin this state, a political

subdivision of this state, or an officer, employee, or agent of this

state or a political subdivision of this state from:

(A)

enforcing any provision or application of

this chapter; or

(B)

filing, hearing, adjudicating, or docketing

an action brought under Section 171A.101 or 171A.151.

(b)

Sovereign immunity conferred by this section includes

the constitutional sovereign immunity recognized by the United

States Supreme Court, which applies in both state and federal court

and may not be abrogated by Congress or by a state or federal court

except under congressional legislation authorized by:

(1)

Section 5 of the Fourteenth Amendment, United

States Constitution;

(2)

the Bankruptcy Clause of Article I, United States

Constitution;

(3)

Congress's powers to raise and support armies and

to provide and maintain a navy; or

(4)

any other congressional power that the United

States Supreme Court recognizes as a ground for abrogating a

state's sovereign immunity.

Sec.

171A.402.

APPLICABILITY OF IMMUNITY. Notwithstanding

any other law, the immunities conferred by Section 171A.401 apply

in every court, both state and federal, and in every type of

adjudicative proceeding.

Sec.

171A.403.

CONSTRUCTION OF CHAPTER RELATED TO ASSERTED

DEFENSE. This chapter may not be construed to prevent a litigant

from asserting the invalidity or unconstitutionality of a provision

or application of this chapter as a defense to an action, claim, or

counterclaim brought against the litigant.

Sec.

171A.404.

WAIVER OF IMMUNITY. (a) Notwithstanding

any other law, a provision of the laws of this state may not be

construed to waive or abrogate an immunity conferred by Section

171A.401 unless it expressly waives or abrogates immunity with

specific reference to that section.

(b)

Notwithstanding any other law, an attorney representing

the state, a political subdivision of this state, or an officer or

employee of this state or a political subdivision of this state may

not waive an immunity conferred by Section 171A.401 or take an

action that would result in a waiver of that immunity. A purported

waiver or action described by this subsection is considered void

and an ultra vires act.

Sec.

171A.405.

JURISDICTION. Notwithstanding any other

law, including Chapter 37, Civil Practice and Remedies Code, a

court of this state does not have jurisdiction to consider and may

not award relief under any action, claim, or counterclaim that:

(1)

seeks declaratory or injunctive relief, or any

type of writ, including a writ of prohibition, that would pronounce

any provision or application of this chapter invalid or

unconstitutional; or

(2)

would restrain a person, including this state, a

political subdivision of this state, or an officer, employee, or

agent of this state or a political subdivision of this state, from:

(A)

enforcing any provision or application of

this chapter; or

(B)

filing, hearing, adjudicating, or docketing

an action brought under Section 171A.101 or 171A.151.

Sec.

171A.406.

EFFECT OF CONTRARY JUDICIAL ACTIONS. (a)

Notwithstanding any other law, judicial relief issued by a court of

this state that disregards the immunity conferred by Section

171A.401 or the limits on jurisdiction or permissible relief

described by Section 171A.405:

(1)

is considered void because a court without

jurisdiction issued the relief; and

(2)

may not be enforced or obeyed by an officer,

employee, or agent, including a judicial official, of this state or

a political subdivision of this state.

(b)

Notwithstanding any other law, a writ, injunction, or

declaratory judgment issued by a court of this state that purports

to restrain a person, including this state, a political subdivision

of this state, or an officer or employee of this state or a

political subdivision of this state, from hearing, adjudicating,

docketing, or filing an action brought under Section 171A.101 or

171A.151:

(1)

is considered void and a violation of the Due

Process Clause of the Fourteenth Amendment to the United States

Constitution; and

(2)

may not be enforced or obeyed by an officer,

employee, or agent, including a judicial official, of this state or

a political subdivision of this state.

Sec.

171A.407.

LIABILITY FOR VIOLATION. (a)

Notwithstanding any other law, a person may bring an action against

an officer, employee, or agent, including a judicial official, of

this state or a political subdivision of this state, who issues,

enforces, or obeys a writ, injunction, or declaratory judgment

described by Section 171A.406(b) if the writ, injunction, or

judgment prevents or delays the person from bringing an action

under Section 171A.101 or 171A.151.

(b)

A claimant who prevails in an action brought under this

section is entitled to:

(1) injunctive relief;

(2) compensatory damages;

(3) exemplary damages of not less than $100,000; and

(4) costs and reasonable attorney's fees.

(c)

Notwithstanding any other law, in an action brought

under this section, a person who violates Section 171A.405 or

171A.406(b):

(1)

may not assert and is not entitled to any type of

immunity defense, including sovereign immunity, governmental

immunity, official immunity, or judicial immunity;

(2)

may not be indemnified for an award of damages or

costs and attorney's fees entered against the person or for the

costs of the person's legal defense; and

(3)

may not receive or obtain legal representation

from the attorney general.

SECTION 3. Section 27.010(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) This chapter does not apply to:

(1) an enforcement action that is brought in the name

of this state or a political subdivision of this state by the

attorney general, a district attorney, a criminal district

attorney, or a county attorney;

(2) a legal action brought against a person primarily

engaged in the business of selling or leasing goods or services, if

the statement or conduct arises out of the sale or lease of goods,

services, or an insurance product, insurance services, or a

commercial transaction in which the intended audience is an actual

or potential buyer or customer;

(3) a legal action seeking recovery for bodily injury,

wrongful death, or survival or to statements made regarding that

legal action;

(4) a legal action brought under the Insurance Code or

arising out of an insurance contract;

(5) a legal action arising from an officer-director,

employee-employer, or independent contractor relationship that:

(A) seeks recovery for misappropriation of trade

secrets or corporate opportunities; or

(B) seeks to enforce a non-disparagement

agreement or a covenant not to compete;

(6) a legal action filed under Title 1, 2, 4, or 5,

Family Code, or an application for a protective order under

Subchapter A, Chapter 7B, Code of Criminal Procedure;

(7) a legal action brought under Chapter 17, Business &

Commerce Code, other than an action governed by Section 17.49(a)

of that chapter;

(8) a legal action in which a moving party raises a

defense pursuant to Section 160.010, Occupations Code, Section

161.033, Health and Safety Code, or the Health Care Quality

Improvement Act of 1986 (42 U.S.C. 11101 et seq.);

(9) an eviction suit brought under Chapter 24,

Property Code;

(10) a disciplinary action or disciplinary proceeding

brought under Chapter 81, Government Code, or the Texas Rules of

Disciplinary Procedure;

(11) a legal action brought under Chapter 554,

Government Code;

(12) a legal action based on a common law fraud claim;

[
or
]

(13) a legal malpractice claim brought by a client or

former client
;

(14)

an action brought under Chapter 170, 170A, 171,

or 171A, Health and Safety Code, or a petition for the taking of a

deposition under Rule 202, Texas Rules of Civil Procedure, to

investigate a potential claim or in anticipation of an action under

those chapters; or

(15) an action brought under Section 30.022
.

SECTION 4. Chapter 110, Civil Practice and Remedies Code,

is amended by adding Section 110.013 to read as follows:

Sec.

110.013.

LAWS REGULATING OR RESTRICTING ABORTION NOT

AFFECTED. Nothing in this chapter may be construed to limit the

scope or enforcement of Chapter 170, 170A, 171, or 171A, Health and

Safety Code, or Chapter 6-1/2, Title 71, Revised Statutes, or any

other law that regulates or restricts abortion or that withholds

taxpayer funds from entities that perform or promote abortions.

SECTION 5. Subchapter H, Chapter 171, Health and Safety

Code, is amended by adding Section 171.2105 to read as follows:

Sec.

171.2105.

JURISDICTION. Notwithstanding any other

law, including Chapter 37, Civil Practice and Remedies Code, a

court of this state does not have jurisdiction to consider and may

not award relief under any action, claim, or counterclaim that

seeks declaratory or injunctive relief, or any type of writ,

including a writ of prohibition, that would pronounce any provision

or application of this subchapter invalid or unconstitutional.

SECTION 6. Chapter 171A, Health and Safety Code, as added by

this Act, applies only to a cause of action that accrues on or after

the effective date of this Act.

SECTION 7. Section 71.02(a), Penal Code, as reenacted and

amended by this Act, applies only to an offense committed on or

after the effective date of this Act. An offense committed before

the effective date of this Act is governed by the law in effect on

the date the offense was committed, and the former law is continued

in effect for that purpose. For purposes of this section, an

offense was committed before the effective date of this Act if any

element of the offense occurred before that date.

SECTION 8. It is the intent of the legislature that every

provision, section, subsection, sentence, clause, phrase, or word

in this Act, and every application of the provisions in this Act to

every person, group of persons, or circumstances, is severable from

each other. If any application of any provision in this Act to any

person, group of persons, or circumstances is found by a court to be

invalid for any reason, the remaining applications of that

provision to all other persons and circumstances shall be severed

and may not be affected.

SECTION 9. This Act takes effect September 1, 2025.