88S20016 MZM-F     By: Toth H.B. No. 21       A BILL TO BE ENTITLED   AN ACT   relating to civil liability for the sterilization, castration, or   genital mutilation of children.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 74, Civil Practice and Remedies Code, is   amended by adding Subchapter M to read as follows:   SUBCHAPTER M. LIABILITY FOR STERILIZATION, CASTRATION, OR GENITAL   MUTILATION OF CHILDREN          Sec. 74.601.  CAUSE OF ACTION. Notwithstanding any other   law, a person is strictly and jointly and severally liable to an   individual for personal injury to the individual resulting from   knowingly:                (1)  prescribing puberty blockers or hormone therapy to   a minor for the purpose of transitioning a child's biological sex as   determined by the sex organs, chromosomes, and endogenous profiles   of the child or affirming the child's perception of the child's sex   if that perception is inconsistent with the child's biological sex;                (2)  performing a sex-change operation on a minor; or                (3)  aiding or abetting the conduct described by   Subdivision (1) or (2).          Sec. 74.602.  STANDING AND DAMAGES. Notwithstanding any   other law, an individual described by Section 74.601 may bring an   action under this subchapter and is entitled to recover in the   action:                (1)  nominal damages;                (2)  compensatory damages;                (3)  exemplary damages in an amount of not less than $10   million from each defendant if the conduct that is the basis for the   action resulted in the individual's irreversible sterilization or   sexual dysfunction; and                (4)  costs and reasonable attorney's fees incurred in   bringing the action.          Sec. 74.603.  LIMITATIONS. Notwithstanding any other law, a   person may bring an action under this subchapter not later than the   20th anniversary of the date the cause of action accrues.          Sec. 74.604.  DEFENSES. (a) A defendant against whom an   action is brought under this subchapter may assert as an   affirmative defense to liability that:                (1)  the imposition of civil liability on the defendant   will violate constitutional or federally protected rights that   belong to the defendant personally; or                (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 that the imposition of civil   liability on the defendant will violate constitutional or federally   protected rights belonging to that third party.          (b)  Notwithstanding any other law, the following are not a   defense to an action brought under this subchapter:                (1)  ignorance or mistake of law;                (2)  a defendant's belief that the requirements or   provisions of this subchapter 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 that court decision had not been vacated, reversed,   or overruled when the cause of action accrued;                (4)  a defendant's reliance on any 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 any federal statute,   agency rule or action, or treaty that has been repealed,   superseded, or declared invalid or unconstitutional, even if that   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)  non-mutual issue preclusion or non-mutual claim   preclusion;                (7)  the consent to the defendant's conduct that is the   basis of the action by:                      (A)  the claimant;                      (B)  one or both of the parents of the claimant if   the claimant was an unemancipated minor; or                      (C)  the legal guardian or conservator of the   claimant;                (8)  contributory or comparative negligence;                (9)  assumption of risk;                (10)  sovereign immunity, governmental immunity,   official immunity, or qualified immunity;                (11)  the claimant's waiver or purported waiver of the   claimant's right to bring the action;                (12)  the claimant's failure to exhaust administrative   remedies; or                (13)  a claim that the enforcement of this subchapter   or the imposition of civil liability against the defendant will   violate the constitutional rights of third parties, except as   provided by Subsection (a)(2).          (c)  A civil action under this subchapter may not be brought   against a person that acted at the behest of a federal agency,   contractor, or employee who is carrying out duties under federal   law if the imposition of liability would violate the doctrines of   preemption or intergovernmental immunity.          (d)  Nothing in this section or subchapter shall limit or   preclude a defendant from asserting the unconstitutionality of any   provision or application of a law of this state as a defense to   liability, or from asserting any other defense that might be   available under any other source of law.          Sec. 74.605.  LONG-ARM JURISDICTION. Notwithstanding any   other law, including Subchapter C, Chapter 17, the courts of this   state have personal jurisdiction over a defendant sued under this   subchapter to the maximum extent permitted by the Fourteenth   Amendment to the United States Constitution.          Sec. 74.606.  VENUE. (a) Notwithstanding any other law,   including Chapter 15, a civil action brought under this subchapter   must 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 for any one of the natural   person defendants at the time the cause of action accrued;                (3)  the county of the principal office in this state of   any one of the defendants that is not a natural person; or                (4)  the county of residence for the claimant if the   claimant is a natural person residing in this state.          (b)  Notwithstanding any other law, if a civil action is   brought under this subchapter 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)  Any contractual provision that purports to require a   civil action under this subchapter to be litigated in another venue   is void as against public policy, and may not be enforced in any   state or federal court.          Sec. 74.607.  CHOICE OF LAW. (a) Notwithstanding any other   law, the law of this state applies to any gender-transitioning   treatment provided to a resident of this state, regardless of where   that treatment occurs, and to any civil action brought under this   subchapter, to the maximum extent permitted by the United States   Constitution and the Texas Constitution.          (b)  Any contractual choice of law provision that purports to   require the law of another jurisdiction to govern a civil action   brought under this subchapter is void as against public policy and   may not be enforced in any state or federal court.          (c)  This section applies extraterritorially to the maximum   extent permitted by the United States Constitution and the Texas   Constitution.          Sec. 74.608.  PRIVATE ENFORCEMENT EXCLUSIVE.     Notwithstanding any other law, direct or indirect enforcement of   this subchapter may not be taken or threatened by the state, a   political subdivision, a district or county attorney, or an officer   of this state or a political subdivision against any person by any   means, and this subchapter may not 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 by this subchapter. This   section does not preclude or limit the enforcement of any other law   or regulation against conduct that is independently prohibited by   the law or regulation and that would remain prohibited by such other   law or regulation in the absence of this subchapter.          Sec. 74.609.  IMMUNITY FROM SUIT. (a) Subject to Subsection   (b) but notwithstanding any other law, the state has sovereign   immunity, a political subdivision has governmental immunity, and an   officer or employee of this state or a political subdivision has   official immunity, as well as sovereign or governmental immunity,   as appropriate, in any action, claim, counterclaim, or any type of   legal or equitable action that:                (1)  challenges the validity of any provision or   application of this subchapter, on constitutional grounds or   otherwise; or                (2)  seeks to prevent or enjoin the state, a political   subdivision, or an officer or employee of this state or a political   subdivision from:                      (A)  enforcing any provision or application of   this subchapter; or                      (B)  hearing, adjudicating, or docketing a civil   action brought under this subchapter.          (b)  Subsection (a) does not apply to the extent that   immunity has been abrogated or preempted by federal law in a manner   consistent with the United States Constitution.          (c)  The sovereign immunity conferred by this section on the   state and its officers and employees 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   legislation authorized by:                (1)  Section 5 of the Fourteenth Amendment, United   States Constitution;                (2)  the Bankruptcy Clause of Article I, United States   Constitution; or                (3)  Congress's powers to raise and support armies and   to provide and maintain a navy.          (d)  Notwithstanding any other law, the immunities conferred   by Subsection (a) shall apply in every court, both state and   federal, and in every type of adjudicative proceeding.          (e)  Notwithstanding any other law, a provision of state law   may not be construed to waive or abrogate an immunity described by   Subsection (a) unless it expressly waives or abrogates immunity   with specific reference to this section.          (f)  Notwithstanding any other law, an attorney representing   the state, a political subdivision, or an officer, employee, or   agent of this state or a political subdivision may not waive an   immunity described by Subsection (a) or take an action that would   result in a waiver of that immunity. A purported waiver or action   described by this subsection is void and considered an ultra vires   act.          Sec. 74.610.  LIMITS ON STATE COURT JURISDICTION. (a)   Notwithstanding any other law, including Chapter 37 of this code   and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and   24.011, Government Code, a court of this state may not award   declaratory or injunctive relief, or any type of writ, that would:                (1)  pronounce any provision or application of this   subchapter invalid or unconstitutional; or                (2)  restrain the state, a political subdivision, an   officer, employee, or agent of this state or a political   subdivision, or any person from:                      (A)  enforcing any provision or application of   this subchapter; or                      (B)  hearing, adjudicating, docketing, or filing   a civil action brought under this subchapter.          (b)  A court of this state does not have jurisdiction to   consider an action, claim, or counterclaim that seeks relief   described by Subsection (a).          (c)  This subchapter may not be construed to prevent a   litigant from asserting the invalidity or unconstitutionality of a   provision or application of this subchapter as a defense to an   action, claim, or counterclaim brought against the litigant.          (d)  Notwithstanding any other law, judicial relief issued   by a court of this state that disregards immunity conferred by   Section 74.609(a) or the jurisdictional limitations imposed by this   section:                (1)  is void because the court is without jurisdiction;   and                (2)  may not be enforced or obeyed by an officer,   employee, or agent of this state or a political subdivision,   judicial or otherwise.          (e)  Notwithstanding any other law, a writ, injunction, or   declaratory judgment issued by a court of this state that purports   to restrain the state, a political subdivision, an officer,   employee, or agent of this state or a political subdivision, or any   person from hearing, adjudicating, docketing, or filing a civil   action brought under this subchapter is void and may not be enforced   or obeyed by an officer, employee, or agent of this state or a   political subdivision, judicial or otherwise.          (f)  Notwithstanding any other law, an officer, employee, or   agent of this state or a political subdivision, judicial or   otherwise, who issues, enforces, or obeys a writ, injunction, or   declaratory judgment described by Subsection (a) is liable to any   person who is prevented from or delayed in bringing a civil action   under this subchapter. A claimant who prevails in an action brought   under this subsection 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.          (g)  Notwithstanding any other law, a person who violates   Subsection (a) or (e):                (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 of this state in an action brought against   the person under Subsection (f).          (h)  Notwithstanding any other law, a person who brings an   action and seeks any writ, injunction, or declaratory judgment that   would restrain any person from hearing, adjudicating, docketing, or   filing a civil action brought under this subchapter shall pay the   costs and attorney's fees of the person against whom the action is   brought. A person entitled to recover costs and attorney's fees   under this subsection may bring a civil action to recover these   costs and attorney's fees in state or federal court. It is not a   defense to a civil action brought under this subsection that:                (1)  the claimant 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 the requirements of this section; or                (3)  the court in the underlying action held that any   provision of this section is invalid, unconstitutional, or   preempted by federal law, notwithstanding the doctrines of issue or   claim preclusion.          SECTION 2.  Subchapter M, Chapter 74, Civil Practice and   Remedies 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 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect on the 91st day after the last day of the   legislative session.