SB 2880

relating to abortion, including civil liability for distribution of
abortion-inducing drugs, and to the destruction of certain
property; making conforming changes and harmonizing conforming
provisions; creating criminal offenses; authorizing a private
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  This Act shall be known as the Women and Child
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
(2)  "Abortion assistance organization" means a person
that procures or facilitates the procurement of an elective
(A)  offering or providing money to pay for,
reimburse, insure, or offset the costs of an abortion or any costs
incurred in or associated with obtaining an elective abortion,
regardless of where the abortion is performed;
(B)  paying for, reimbursing, insuring, planning,
or executing plans for travel accommodations, including
transportation, meals, or lodging, with the intent of facilitating
the procurement of an elective abortion, regardless of where the
(C)  offering, providing, or paying for any type
of service or logistical support, including child care or abortion
doula services, with the intent of facilitating the procurement of
an elective abortion, regardless of where the abortion is
(D)  collecting or distributing abortion-inducing
drugs to provide easier access to the drugs.
(3)  "Abortion-inducing drug" has the meaning assigned
(4)  "Abortion provider" means a person that performs
(5)  "Elective abortion" means an abortion performed or
induced by a licensed physician that is not performed or induced in
response to a medical emergency.
(6)  "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
(7)  "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;
(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,
(8)  "Medical emergency" has the meaning assigned by
Sec. 171A.002.  CONSTRUCTION OF CHAPTER RELATED TO
LIABILITY.  This chapter may not be construed to impose liability on
(1)  an Internet service provider or the provider's
(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,
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, possess, or distribute an
abortion-inducing drug in this state;
(2)  mail, transport, deliver, prescribe, or provide an
abortion-inducing drug in any manner to or from any person or
(3)  provide information on the method for obtaining an
(4)  create, edit, upload, publish, host, maintain, or
register a domain name for an Internet website, platform, or other
interactive computer service that assists or facilitates a person's
effort in obtaining an abortion-inducing drug;
(5)  create, edit, program, or distribute any
application or software for use on a computer or an electronic
device that is intended to enable individuals to obtain an
abortion-inducing drug or to facilitate an individual's access to
(6)  engage in conduct that aids or abets an act
described by this subsection if the person would be held criminally
responsible for the aiding or abetting under Chapter 7, Penal Code.
(b)  Notwithstanding any other law, Subsection (a) does not
(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
(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
(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
(6)  the possession of an abortion-inducing drug for
purposes of entrapping a person that violates this section;
(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; or
(8)  conduct described by Section 171A.201(a).
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
(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
SUBCHAPTER C.  CIVIL LIABILITY FOR DISTRIBUTION OF
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,
possesses, distributes, mails, transports, delivers, prescribes,
or provides an abortion-inducing drug, who aids or abets the
manufacture, possession, distribution, mailing, transport,
delivery, prescription, or provision of 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
(1)  against the woman who used or sought to obtain
abortion-inducing drugs to abort or attempt to abort her unborn
(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)  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
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, possess, distribute, mail,
transport, deliver, prescribe, or provide or aid or abet the
manufacture, possession, distribution, mailing, transport,
delivery, 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
(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
(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
(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
(8)  the consent of the claimant or the unborn child's
(9)  contributory or comparative negligence;
(12)  lack of actual or proximate cause;
(13)  sovereign immunity, governmental 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
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
(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
(4)  conduct of a pregnant woman who aborts or seeks to
(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
(6)  the provision of basic public services, including
fire and police protection and utilities, by this state, a
political subdivision of this state, or a common carrier to an
abortion provider, an abortion assistance organization, an
affiliate of an abortion provider or an abortion assistance
organization, or a manufacturer or distributor of
abortion-inducing drugs, in the same manner as this state, the
political subdivision, or the common carrier provides those
services to the general public; or
(7)  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
(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
(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
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
(3)  attempt to control or influence a person's
decision to bring an action under Section 171A.101 or that person's
(4)  intervene in an action brought under Section
(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
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
(1)  against the woman who used or sought to obtain
abortion-inducing drugs to abort or attempt to abort her unborn
(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
(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
(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
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
(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
(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
(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
(9)  sovereign immunity, governmental 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
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
(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
(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
(3)  attempt to control or influence a person's
decision to bring an action under Section 171A.151 or that person's
(4)  intervene in an action brought under Section
(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
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
(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
SUBCHAPTER E.  QUI TAM ENFORCEMENT AGAINST INTERACTIVE COMPUTER
Sec. 171A.201.  QUI TAM ACTION AGAINST INTERACTIVE COMPUTER
SERVICE PROVIDER.  (a)  A person, other than this state, a political
subdivision of this state, or an officer or employee of this state
or a political subdivision of this state, has standing to bring and
may bring a qui tam action against a person who provides or
(1)  an interactive computer service that allows
residents of this state to access information or material that
aids, abets, assists, or facilitates efforts to obtain elective
abortions or abortion-inducing drugs;
(2)  a platform for downloading any application or
software for use on a computer or electronic device used to aid,
abet, assist, or facilitate efforts to obtain elective abortions or
(3)  a platform that allows or enables those who
provide or aid or abet elective abortions, or those who
manufacture, possess, distribute, mail, transport, deliver,
prescribe, or provide abortion-inducing drugs, to collect money,
digital currency, resources, or any other thing of value in
(b)  An action brought under this section must be brought in
the name of the qui tam relator and of the state.
(c)  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 no court may
Sec. 171A.202.  DEFENSES.  (a)  It is an affirmative defense
to an action brought under Section 171A.201 that the defendant:
(1)  was unaware that the defendant's interactive
computer service or platform was being used to assist or facilitate
efforts to obtain elective abortions or abortion-inducing drugs;
(2)  on learning the defendant's interactive computer
service or platform was being used to assist or facilitate efforts
to obtain elective abortions or abortion-inducing drugs, took
(A)  block access to any information, material,
application, or software that assists or facilitates efforts to
obtain elective abortions or abortion-inducing drugs; and
(B)  block those who provide or aid or abet
elective abortions and those who manufacture, distribute, mail,
transport, deliver, or provide abortion-inducing drugs, from
collecting money, digital currency, resources, or any other thing
of value through its interactive computer service or platform.
(b)  A defendant has the burden of proving an affirmative
defense under Subsection (a) by a preponderance of the evidence.
Sec. 171A.203.  REMEDIES.  (a)  Except as provided by
Subsection (b), if a qui tam relator prevails in an action brought
under Section 171A.201, the court shall award only declaratory or
injunctive relief.  A court may not, under any circumstances,
(1)  damages or civil penalties in any amount in the
(b)  A court may not award relief under Subsection (a) if the
action was brought in response to:
(1)  the defendant's exercise of a constitutional or
federally protected right that belongs personally to the defendant;
(2)  conduct engaged in at the direction of a federal
agency, contractor, or employee who is carrying out a duty under
federal law, if the relief authorized by Subsection (a) would
violate the doctrine of preemption or intergovernmental immunity;
(3)  conduct of a woman who aborted or attempted to
abort her unborn child, if that woman is the named defendant in the
Sec. 171A.204.  RELATION TO OTHER INFORMATION CONTENT
PROVIDERS.  A person who engages in conduct described by Section
(1)  held vicariously liable for nominal, statutory, or
compensatory damages incurred by another information content
(2)  held liable or legally responsible for the conduct
of a publisher or speaker of any information provided by another
information content provider; or
(3)  treated as the speaker or publisher of any
information provided by another information content provider under
any provision of the laws of this state.
Sec. 171A.205.  EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW.
(a)  Notwithstanding any other law, this subchapter may only be
enforced through a qui tam action brought under Section 171A.201.
(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 this subchapter.
(c)  This section does not preclude or limit the enforcement
of any other law or regulation against conduct that is
independently prohibited by that other law or regulation and that
would remain prohibited by that other law or regulation in the
Sec. 171A.206.  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
(1)  act in concert or participation with a qui tam
relator bringing an action under Section 171A.201;
(2)  establish or attempt to establish any type of
agency or fiduciary relationship with a qui tam relator bringing an
(3)  attempt to control or influence a person's
decision to bring an action under Section 171A.201 or that person's
(4)  intervene in an action brought under Section
(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.201 if the political subdivision,
officer, or employee does not act in concert or participation with
Sec. 171A.207.  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.201
to the maximum extent permitted by the Fourteenth Amendment to the
United States Constitution and the defendant may be served outside
(b)  Notwithstanding any other law, the law of this state
applies to an action brought under Section 171A.201 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
Sec. 171A.208.  INTERACTIVE COMPUTER SERVICE USER OR
PROVIDER IMMUNITY FOR CERTAIN ACTIONS.  Notwithstanding any other
law, a provider or user of an interactive computer service,
Internet service provider, search engine, or cloud service provider
has absolute and nonwaivable immunity from liability or suit for:
(1)  an action taken to restrict access to or
availability of information or material that assists or facilitates
access to elective abortions or abortion-inducing drugs,
regardless of whether the information or material is
constitutionally protected from government censorship;
(2)  an action taken to enable or make available to
information content providers or others the technical means to
restrict access to information or material described by Subdivision
(3)  a denial of service to persons who provide or aid
or abet elective abortions or who manufacture, mail, distribute,
transport, or provide abortion-inducing drugs.
SUBCHAPTER F.  PROVISIONS GENERALLY APPLICABLE TO CIVIL LIABILITY
Sec. 171A.251.  AFFIRMATIVE DEFENSE.  (a)  A defendant
against whom an action is brought under Section 171A.101, 171A.151,
or 171A.201 may assert an affirmative defense to liability under
(1)  the imposition of civil liability on the defendant
will violate the defendant's personal constitutional or federally
(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;
(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
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,
171A.151, or 171A.201 or 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, 171A.151, or 171A.201 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, 171A.151, or
(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, 171A.151, or 171A.201 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, 171A.151, or
171A.201 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, 171A.151, or
171A.201, 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
(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
SUBCHAPTER G.  CRIMINAL OFFENSES
Sec. 171A.301.  OFFENSE: PAYING OR REIMBURSING ABORTION
COSTS.  (a)  A person that knowingly pays for or reimburses the
costs associated with obtaining an elective abortion performed on a
pregnant woman commits an offense.  An offense under this
subsection is a felony of the second degree, except that the offense
is a felony of the first degree if an unborn child or the pregnant
woman dies as a result of the offense.
(b)  The prohibition under Subsection (a) applies regardless
(1)  the individual on whom the elective abortion is
(2)  the location where the elective abortion is
(3)  the law of the jurisdiction in which the elective
(4)  whether the payment or reimbursement is provided
directly or through an intermediary.
(c)  The prohibition under Subsection (a) does not apply to
the pregnant woman on whom the elective abortion is performed or
(d)  The prohibition under Subsection (a) applies
extraterritorially to the maximum extent permitted by the Texas
Constitution or federal law, including the United States
Sec. 171A.302.  OFFENSE: DESTROYING EVIDENCE OF ABORTION.
(a)  A person commits an offense if the person knowingly or
recklessly conceals, destroys, or spoliates evidence of an elective
abortion performed or attempted:
(2)  on a resident of this state, regardless of whether
the person knew or should have known that the elective abortion was
performed or attempted on the resident.
(b)  An offense under Subsection (a) is a felony of the
(c)  The prohibition under Subsection (a) does not apply to
the pregnant woman on whom the elective abortion is performed or
(d)  The prohibition under Subsection (a) applies
extraterritorially to the maximum extent permitted by the Texas
Constitution or federal law, including the United States
SUBCHAPTER H.  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
Sec. 171A.352.  STATUTE OF LIMITATIONS.  Notwithstanding any
other law, there is no applicable statute of limitations for an
offense committed under a criminal abortion law.
Sec. 171A.353.  CONCURRENT JURISDICTION OF ATTORNEY
GENERAL.  Notwithstanding any other law, the attorney general has
concurrent jurisdiction to prosecute any criminal abortion law and
may authorize a district attorney to investigate or prosecute a
violation of an abortion law if a local district attorney fails or
refuses to investigate or prosecute the violation.
Sec. 171A.354.  ATTORNEY GENERAL ACTION FOR VIOLATION OF
CERTAIN ABORTION LAWS.  (a)  The attorney general has parens patriae
standing to bring an action under this section on behalf of unborn
children of residents of this state.
(b)  The attorney general may bring an 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,
Sec. 171A.355.  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
(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
(1)  a prevailing party under this section failed to a
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
(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
(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
SUBCHAPTER I.  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
(1)  challenges the validity of any provision or
application of this chapter, on constitutional grounds 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
(B)  filing, hearing, adjudicating, or docketing
an action brought under Section 171A.101, 171A.151, or 171A.201 or
an action described by Section 171A.208.
(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
(2)  the Bankruptcy Clause of Article I, United States
(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
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
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
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
(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
(B)  filing, hearing, adjudicating, or docketing
an action brought under Section 171A.101, 171A.151, or 171A.201 or
an action described by Section 171A.208.
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
(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,
171A.151, or 171A.201 or an action described by Section 171A.208:
(1)  is considered void and a violation of the Due
Process Clause of the Fourteenth Amendment to the United States
(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, 171A.151, or 171A.201 or an action
(b)  A claimant who prevails in an action brought under this
(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
(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
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
(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)
(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,
(10)  a disciplinary action or disciplinary proceeding
brought under Chapter 81, Government Code, or the Texas Rules of
(11)  a legal action brought under Chapter