By: Hughes S.B. No. 6               A BILL TO BE ENTITLED   AN ACT   relating to abortion, including civil liability for the manufacture   and provision of abortion-inducing drugs, exemptions from the Texas   Citizens Participation Act and Religious Freedom Restoration Act,   authorizing civil and qui tam actions, amendments to the   fee-shifting statute governing abortion litigation, immunity   defenses and limits on state-court jurisdiction and relief, the   parens patriae standing of the attorney general, and the   jurisdiction of the Fifteenth Court of Appeals; providing for   severability.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Woman 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)  "Medical emergency" has the meaning assigned by   Section 171.002.          Sec. 171A.002.  CONSTRUCTION OF CHAPTER RELATED TO   LIABILITY. (a) Notwithstanding any other law, 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.          (b)  Notwithstanding any other law, this chapter may not be   construed to impose liability on any action taken to manufacture,   distribute, mail, transport, deliver, prescribe, provide, or   possess an abortion-inducing drug or other medication solely for   one or more of the following purposes:                (1)  treating a medical emergency;                (2)  removing an ectopic pregnancy;                (3)  removing a dead, unborn child whose death was   caused by spontaneous abortion; or                 (4)  a purpose that does not include performing,   inducing, attempting, or assisting an abortion.          (c)  Notwithstanding any other law, this chapter may not be   construed to impose liability on any person who manufactures,   distributes, mails, transports, delivers, prescribes, provides, or   possesses abortion-inducing drugs solely for one or more of the   following purposes:                (1)  treating a medical emergency;                (2)  removing an ectopic pregnancy;                (3)  removing a dead, unborn child whose death was   caused by spontaneous abortion; or                 (4)  a purpose that does not include performing,   inducing, attempting, or assisting an abortion.          (d)  Notwithstanding any other law, a court of this state   does not have jurisdiction to consider a claim, cross-claim, or   counterclaim under this chapter that seeks to impose liability on   any of the persons or actions described in Subsections (a), (b), and   (c).          (e)  Notwithstanding any other law, if a party to an action   brought under this chapter asserts a jurisdictional defense under   Subsection (d), it may take an interlocutory appeal of an order   denying its plea to the jurisdiction.           (f)  Notwithstanding any other law, the Fifteenth Court of   Appeals shall have exclusive intermediate appellate jurisdiction   over an interlocutory appeal brought under Subsection (e).   SUBCHAPTER B. PROTECTION FROM ABORTION-INDUCING DRUGS          Sec. 171A.051.  PROHIBITIONS RELATED TO ABORTION-INDUCING   DRUGS. (a) Notwithstanding any other law and 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 or from 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 sates   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 of a pregnant woman who aborts or seeks to   abort the woman's unborn child;                (3)  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, or for any purpose described in Section   171A.002(b); or                (4)  conduct of 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 be enforced   only through a qui tam action brought under Subchapter C.          (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, except as   provided in Subchapter C.          (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. QUI TAM ENFORCEMENT OF PROHIBITIONS RELATING TO   ABORTION-INDUCING DRUGS          Sec. 171A.151.  QUI TAM ACTION AUTHORIZED. (a)   Notwithstanding any other law and except as provided by this   section or by section 171A.002, a person, other than 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:                (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, who shall be regarded as an   assignee of the state's claim for relief. The transfer of the   state's claim to the qui tam relator is absolute, with the state   retaining no interest in the subject matter, notwithstanding any   other law.          (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 a woman for using, obtaining, or seeking   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   passengers to an abortion provider; and                       (B)  is unaware the passenger is traveling to an   abortion provider;                 (4)  by any person who impregnated a woman 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; or                 (5)  against a physician, hospital, healthcare   provider, healthcare facility, pharmacy, pharmaceutical   manufacturer, pharmaceutical distributor, or common carrier that   took every reasonable precaution to ensure that it would not   manufacture, distribute, mail, transport, deliver, prescribe,   provide, possess, or aid or abet the manufacture, distribution,   mailing, transportation, delivery, prescription, provision, or   possession of abortion-inducing drugs except for the purposes   described in Section 171A.002(b), including by adopting a policy   that it will not manufacture, distribute, mail, transport, deliver,   prescribe, provide, possess, or aid or abet the manufacture,   distribution, mailing, transportation, delivery, prescription,   provision, possession of abortion-inducing drugs except for the   purposes described in Section 171A.002(b).          (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 reasonable precautions 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)  a defendant's ignorance or mistake of law,   including a defendant's mistaken belief that the requirements or   provisions of this chapter are unconstitutional or were   unconstitutional;                (2)  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;                (3)  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;                (4)  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;                (5)  the laws of another state or jurisdiction,   including an abortion shield law, unless the Texas Constitution or   federal law compels the court to enforce that law;                (6)  non-mutual issue preclusion or non-mutual claim   preclusion;                (7)  sovereign immunity, governmental immunity, or   official immunity, except that sovereign immunity, governmental   immunity, or official immunity is not waived for:                      (A)  a hospital owned and operated by the state   that facilitates or makes available abortion-inducing drugs solely   for purposes described in section 171A.002(b);                      (B)  a political subdivision, including a   hospital district, that facilitates or makes available   abortion-inducing drugs solely for purposes described in section   171A.002(b); or                      (C)  a physician or other health care professional   employed by a hospital owned or operated by the state or a political   subdivision in this state, including a hospital district, acting   within the scope of their employment who prescribes, distributes,   administers, or otherwise makes available abortion-inducing drugs   solely for purposes described in section 171A.002(b); or                (8)  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.201.          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) Notwithstanding any other   law and 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   (3) in response to a violation of Section 171A.051 if the defendant   demonstrates that a court previously ordered the defendant to pay   damages under Subsection (a)(2) in another action for that   particular violation, and that court order has not been vacated,   reversed, or overturned.          (c)  Notwithstanding any other law, a court may not award   costs or attorney's fees under the Texas Rules of Civil Procedure or   any other rule adopted by the supreme court under Section 22.004,   Government Code, to a defendant against whom an action is brought   under Section 171A.151. This section does not preclude an award of   sanctions under Chapter 10, Civil Practice and Remedies Code, nor   does it preclude a court from sanctioning a litigant or attorney for   frivolous, malicious, or bad-faith conduct.           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, 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 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 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.151 if this   state, the political subdivision, the officer, or the 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 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.151.          Sec. 171A.158.  APPEALS. Notwithstanding any other law, the   Fifteenth Court of Appeals shall have exclusive intermediate   appellate jurisdiction over any appeal or original proceeding   arising out of an action brought under Section 171A.151 in the   courts of this state.   SUBCHAPTER D. PROVISIONS GENERALLY APPLICABLE TO CIVIL LIABILITY   FOR FACILITATING ABORTION          Sec. 171A.201.  AFFIRMATIVE DEFENSE. (a) A defendant   against whom an action is brought under 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 rights under federal law or the United   States Constitution;                (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 that third party's rights   under federal law or the United States Constitution;                (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   will violate 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.202.  CONSTRUCTION OF CHAPTER RELATED 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.151 or from   asserting any other defense that might be available under any other   source of law.          Sec. 171A.203.  APPLICATION OF OTHER LAW. (a)   Notwithstanding any other law, a court may not apply the law of   another state or jurisdiction to any qui tam action brought under   Section 171A.151 unless the Texas Constitution or federal law   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.204.  VENUE. (a) Notwithstanding any other law,   including Chapter 15, Civil Practice and Remedies Code, a qui tam   action brought under Section 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 qui tam action is brought under Section 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   qui tam action under Sections 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.205.  PROTECTION FROM COUNTER ACTIONS. (a) For   purposes of this section, the term "clawback provision" refers to   any law of another state or jurisdiction that authorizes lawsuits   against a person for:                (1)  bringing or engaging in:                      (A)  an action under Section 170A.005, 171.208,   171A.151, 171A.252, or any other law of this state that regulates or   restricts abortion;                       (B)  a criminal prosecution under Section   170A.004, Chapter 6-1/2, Title 71, Revised Statutes, or any other   law of this state that imposes criminal penalties on abortion or   abortion-related conduct;                      (C)  an action or criminal prosecution that   alleges conduct that violates one or more of the state's abortion   laws; or                      (D)  an action under Subsection (g);                (2)  attempting, intending, or threatening to bring or   engage in an action or criminal prosecution described in Subsection   (a)(1); or                (3)  providing legal representation or any type of   assistance to a person who brings or engages in an action or   criminal prosecution described in Subsection (a)(1).          (b)  For purposes of this section, the term "clawback   provision" includes but is not limited to each of the following   laws:                (1)  Section 1798.303, California Civil Code;                (2)  Section 52-571m, Connecticut General Statutes;                (3)  Section 3929, Title 10, Delaware Code;                (4)  Section 2-1461.02, District of Columbia Code;                (5)  Section 126/29-15, Chapter 740, Illinois Compiled   Statutes;                (6)  Section 9003, Title 14, Maine Revised Statutes;                (7)  Section 11I1/2, Chapter 12, Massachusetts General   Laws;                (8)  Section 604.415, Minnesota Statutes;                (9)  Section 24-35-5, New Mexico Statutes;                (10)  Section 70-b, New York Civil Rights Law;                (11)  Section 23-101-3, Rhode Island Statutes;                (12)  Section 7302, Title 12, Vermont Statutes; and                 (13)  Section 7.115.040, Washington Revised Code.          (c)  Notwithstanding any other law, and except as otherwise   required by federal law or the Texas Constitution, the law of this   state applies to:                (1)  the conduct described in Subsection (a);                (2)  any claim brought against a person for engaging in   conduct described in Subsection (a);                (3)  any claim brought under a clawback provision   against a citizen or resident of this State; and                (4)  any claim brought under Subsection (g).           (d)  Notwithstanding any other law, in any action or criminal   prosecution described in Subsection (a)(1), the court shall, upon   request, issue a temporary, preliminary, or permanent injunction   that restrains each of the defendants, their privities, and all   persons in active concert or participation with them, from:                (1)  suing the plaintiffs or prosecutors, their   privities, or any person providing legal representation or any type   of assistance to the plaintiffs or prosecutors, under any clawback   provision;                (2)  continuing to litigate any proceedings that have   been brought against one or more of the plaintiffs or prosecutors,   their privities, or any person providing legal representation or   any type of assistance to the plaintiffs or prosecutors, under any   clawback provision.           (e)  Notwithstanding any other law, a judgment entered in an   action or criminal prosecution described in Subsection (a)(1) shall   preclude the defendants and their privities, under the doctrines of   res judicata and collateral estoppel, from litigating or   relitigating any claim or issue under any clawback provision   against the plaintiffs or their privities that was raised or that   could have been raised under the federal or Texas rules of civil   procedure or criminal procedure as a claim, cross-claim,   counterclaim, set off, or affirmative defense.          (f)  Notwithstanding any other law, no court of this state   may enforce an out-of-state judgment obtained under a clawback   provision unless federal law or the Texas Constitution requires it   to do so.          (g)  Notwithstanding any other law, if an action is brought   against a person or a judgment is entered against a person under a   clawback provision based wholly or partly on the person's decision   to engage in conduct described in Subsection (a), that person shall   be entitled to injunctive relief and shall recover damages from any   person who brought the action or obtained the judgment or who has   sought to enforce the judgment. Notwithstanding any other law, the   relief 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;                (3)  additional statutory damages consisting of the   greater of:                      (A)  twice the amount of the sum of damages   described in Subsections (g)(1) and (g)(2); or                      (B)  $100,000; and                 (4)  injunctive relief that restrains the person or   persons who brought the clawback action, their privities, and all   persons in active concert or participation with them, from:                      (A)  suing the person or persons against whom the   clawback action was brought, their privities, or any person   providing legal representation or any type of assistance to them   under any clawback provision;                      (B)  continuing to litigate any clawback action   that has been brought against the persons described in Subsection   (g)(4)(A); and                       (C)  enforcing or attempting to enforce any   judgment obtained under a clawback provision against the persons   described in Subsection (g)(4)(A).          (h)  Notwithstanding any other law, it is not a defense to an   action brought under Subsection (g) that:                (1)  the claimant failed to seek recovery under   Subsection (g) in an action brought against it under a clawback   provision; or                (2)  a court in a previous action brought against the   claimant declined to recognize or enforce Subsection (g), or held   that any provisions of Subsection (g) are invalid,   unconstitutional, or preempted by federal law, notwithstanding the   doctrines of issue or claim preclusion.          (i)  Notwithstanding any other law, Chapter 27, Civil   Practice and Remedies Code, does not apply to an action brought   under Subsection (g).          (j)  Notwithstanding any other law, the Fifteenth Court of   Appeals shall have exclusive intermediate appellate jurisdiction   over any appeal or original proceeding arising out of a civil action   brought under Subsection (g) in the courts of this state.   SUBCHAPTER E. ENFORCEMENT OF ABORTION LAWS          Sec. 171A.251.  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.252.  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 the unborn children of residents of   this state against a person who violates or intends to violate:                (1)  any criminal abortion law of this state except for   Subchapter H, Chapter 171, or Subchapter B or C of this chapter; or                (2)  any criminal law of the United States that governs   the mailing, delivery, shipment, or transportation of   abortion-inducing drugs.          (d)  Notwithstanding any other law, the attorney general may   not bring an action under this section against a woman for aborting   or attempting to abort her unborn child, or for using, obtaining, or   seeking to obtain abortion-inducing drugs to abort or attempt to   abort her unborn child.   SUBCHAPTER F. IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION          Sec. 171A.301.  SOVEREIGN, GOVERNMENTAL, AND OFFICIAL   IMMUNITY. (a) Notwithstanding any other law, this 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, as well   as sovereign or governmental immunity, as appropriate), in an   action, claim, cross-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.151.          (b)  The sovereign immunity described in or conferred by this   section includes the constitutional sovereign immunity recognized   by the United States Supreme Court in Seminole Tribe of Florida v.   Florida, 517 U.S. 44 (1996), and Alden v. Maine, 527 U.S. 706 , 517 U.S. 44 (1996), and Alden v. Maine, 527 U.S. 706   (1999), 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.302.  APPLICABILITY OF IMMUNITY. Notwithstanding   any other law, the immunities described in or conferred by Section   171A.301 apply in every court, both state and federal, and in every   type of adjudicative proceeding.          Sec. 171A.303.  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,   cross-claim, or counterclaim brought against the litigant.          Sec. 171A.304.  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 described in or   conferred by Section 171A.301 unless it expressly waives or   abrogates immunity with specific reference to that section.          (b)  Notwithstanding any other law, an attorney representing   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 waive an immunity described in or conferred by Section 171A.301   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.305.  JURISDICTION. (a) 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, cross-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 this state, a political subdivision   of this state, an officer, employee, or agent of this state or a   political subdivision of this state, or any person from:                      (A)  enforcing any provision or application of   this chapter; or                      (B)  filing, hearing, adjudicating, or docketing   an action brought under Section 171A.151.          (b)  Notwithstanding any other law, the Fifteenth Court of   Appeals shall have exclusive intermediate appellate jurisdiction   over any appeal or original proceeding arising out of a civil action   that seeks the relief described in Subsection (a).          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, Civil   Practice and Remedies Code.          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, cross-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.  Section 30.022, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 30.022.  AWARD OF ATTORNEY'S FEES IN ACTIONS   CHALLENGING ABORTION LAWS. (a)  Notwithstanding any other law, any   person, including an entity, attorney, or law firm, who seeks   declaratory or injunctive relief to prevent this state, a political   subdivision, any governmental entity or public official in this   state, or any person in this state from enforcing or bringing an   action to enforce any statute, ordinance, rule, regulation, or any   other type of law that regulates or restricts abortion or that   limits taxpayer funding for individuals or entities that perform or   promote abortions, in any state or federal court, or that   represents any 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, including the   costs and reasonable attorney's fees that the prevailing party   incurs in the party's efforts to recover costs and fees.          (b)  For purposes of this section, a party is considered a   prevailing party if a state or federal court:                (1)  a state or federal court dismisses any 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; or                (2)  a state or federal court enters judgment in the   party's favor on any such 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 those costs   and attorney's fees were incurred while defending claims or causes   of action on which the party prevailed, or while attempting to   recover those costs and attorney's fees.          (cd)  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, that 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.          (de)  Notwithstanding any other law, iIt is not a defense to   an action brought under Subsection (c) 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 the requirements of 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 doctrines 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 under Subsection (d) is brought 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.          (i)  Notwithstanding any other law, Chapter 27, Civil   Practice and Remedies Code, does not apply to an action brought   under Subsection (d).          (j)  Notwithstanding any other law, the Fifteenth Court of   Appeals shall have exclusive intermediate appellate jurisdiction   over any appeal or original proceeding arising out of a civil action   brought under Subsection (d) in the courts of this state.          SECTION 7.  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 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.