By: Toth H.B. No. 66       A BILL TO BE ENTITLED   AN ACT   relating to abortion, including civil liability for distribution of   abortion-inducing drugs and duties of Internet service providers;   creating a criminal offense; authorizing a private civil right of   action.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Women and Child   Safety Act.          SECTION 2.  The legislature finds that:                (1)  human life begins at fertilization;                (2)  abortion is a murderous act of violence that   purposefully and knowingly terminates a human life in the womb;                (3)  unborn human beings are entitled to the full and   equal protection of the laws that prohibit violence against other   human beings;                (4)  the United States Supreme Court's ruling in Dobbs   v. Jackson Women's Health Organization, No. 19-1392 (U.S. June 24,   2022), correctly overruled the lawless and unconstitutional   pronouncements in Roe v. Wade, 410 U.S. 113 (1973) and Planned   Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833 (1992),   which had invented and perpetuated a supposed constitutional right   to abortion that cannot be found anywhere in the text of the United   States Constitution;                (5)  so-called abortion funds that operate in this   state have been funding and otherwise aiding or abetting criminal   abortions performed in violation of the laws of this state,   exposing themselves and each of their donors to felony criminal   prosecution;                (6)  the abortion funds and their donors are not and   never were protected by an injunction in any abortion-related case   because they are not parties to those cases, and there has never   been an injunction that restrains a state official from prosecuting   abortion funds and their donors who aided or abetted abortions   performed in violation of the laws of this state;                (7)  the abortion funds and their donors are not and   never were protected from criminal prosecution by Roe v. Wade, 410   U.S. 113 (1973), because:                      (A)  there is no constitutional right to pay for   another person's abortion;                      (B)  abortion funds and their donors lack   third-party standing to assert the supposed constitutional rights   of women seeking abortions; and                      (C)  any immunity from prosecution that the   abortionist might have enjoyed on account of Roe does not preclude   the imposition of accomplice liability on abortion funds and their   donors;                (8)  it is a federal crime to mail abortion-inducing   drugs or to receive them in the mail, punishable by five years   imprisonment, under 18 U.S.C. Section 1461;                (9)  it is also a federal crime to transport   abortion-inducing drugs in interstate or foreign commerce under 18   U.S.C. Section 1462(c);                (10)  these federal statutes are fully enforceable now   that Roe has been overruled, and the statute of limitations for each   of these crimes is five years;                (11)  violations of 18 U.S.C. Sections 1461-1462 are   predicate offenses under the federal Racketeer Influenced and   Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), which   exposes distribution networks of abortion-inducing drugs and their   donors to civil racketeering liability as well as criminal   prosecution as a racketeering enterprise under federal law;                (12)  the legislature calls on the attorney general and   each district attorney in this state to investigate and prosecute   abortion funds and each of their donors for aiding or abetting   criminal abortion in this state in violation of the laws of this   state; and                (13)  the legislature calls on state and federal   prosecutors in this state to investigate and prosecute every   distribution network for abortion-inducing drugs under federal   racketeering laws as well as 18 U.S.C. Sections 1461-1462.          SECTION 3.  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" means the act of using, prescribing,   administering, procuring, or selling an instrument, medicine,   drug, or any other substance, device, or means with the purpose to   terminate a pregnancy of a woman, with knowledge that the   termination by any of those means will with reasonable likelihood   cause the death of a living human being in the womb. The term does   not include:                      (A)  in vitro fertilization or fertility   treatments of any type;                      (B)  the use, prescription, administration,   procuring, or selling of an emergency contraceptive, including Plan   B and morning-after pills, intrauterine devices, or any other type   of contraceptive; or                      (C)  an act performed with the purpose to:                            (i)  save the life or preserve the health of   the unborn child;                            (ii)  remove a dead unborn child caused by   spontaneous abortion; or                            (iii)  remove or treat an ectopic pregnancy.                (2)  "Abortion-inducing drug" means a drug or   medication, including mifepristone and misoprostol, that is used to   terminate the life of an unborn child.  The term does not include:                      (A)  an emergency contraceptive, including Plan B   and morning-after pills, intrauterine devices, or any other type of   contraceptive; or                      (B)  drugs or medications that are possessed or   distributed for a purpose that does not include the termination of a   pregnancy, including for the treatment of an unrelated medical   condition.                (3)  "Abortion funds" means a corporation,   organization, government, governmental agency, business trust,   estate, trust, partnership, association, or any other legal entity   that:                      (A)  exists for the purpose of aiding or abetting   elective abortions; and                      (B)  pays for, reimburses, or subsidizes in any   way the costs associated with obtaining an elective abortion.                (4)  "Abortion provider" means a person who performs   elective abortions.                (5)  "Elective abortion" means an abortion other than   those performed or induced in response to a medical emergency.                (6)  "Fertilization" means the fusion of a human   spermatozoon with a human ovum.                (7)  "Governmental entity" means this state, a state   agency, or a political subdivision of this state.                (8)  "Human being" means an individual member of the   species homo sapiens at any state of development beginning at   fertilization.                (9)  "Information content provider" means a person who   is responsible, wholly or partly, for the creation or development   of information provided through the Internet or any other   interactive computer service.                (10)  "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 that provides   access to the Internet and such systems operated or services   offered by libraries or educational institutions.                (11)  "Medical emergency" means a condition in which an   abortion is necessary to preserve the life of a pregnant woman whose   life is endangered by a physical disorder, physical illness, or   physical injury, including a life-endangering physical condition   caused by or arising from the pregnancy itself.                (12)  "Unborn child" means an individual organism of   the species homo sapiens in any stage of gestation from   fertilization until live birth.                (13)  "Woman" means an individual whose biological sex   is female, including an individual with XX chromosomes and an   individual with a uterus, regardless of any gender identity that   the individual attempts to assert or claim.   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, or provide an   abortion-inducing drug in any manner to or from any person or   location in this state;                (3)  provide information on how to obtain an   abortion-inducing drug;                (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   an abortion-inducing drug; or                (6)  engage in conduct that would make a person   criminally responsible under Chapter 7, Penal Code, as a party to a   criminal act described by Subdivision (1) or (2).          (b)  Notwithstanding any other law, Subsection (a) does not   prohibit:                (1)  speech or conduct protected by the First Amendment   of the United States Constitution, as made applicable to the states   through the United States Supreme Court's interpretation of the   Fourteenth Amendment of the United States Constitution or protected   by Section 8, Article I, Texas Constitution;                (2)  conduct this state is prohibited from regulating   under federal law, including the United States Constitution;                (3)  conduct engaged in by a pregnant woman who aborts   or attempts to abort the woman's unborn child;                (4)  possessing, distributing, mailing, transporting,   delivering, or providing an abortion-inducing drug for a purpose   that does not include performing, inducing, or attempting an   abortion;                (5)  possessing an abortion-inducing drug for purposes   of entrapping a person that violates this section;                (6)  conduct engaged in by a person as directed by a   federal agency, contractor, or employee to carry out a duty under   federal law, if prohibiting that conduct would violate the   doctrines of preemption or intergovernmental immunity; or                (7)  conduct described by Section 171A.201(a)(1), (2),   or (3).   SUBCHAPTER C. CIVIL LIABILITY FOR DISTRIBUTION OF   ABORTION-INDUCING DRUGS          Sec. 171A.101.  CIVIL ACTION FOR DISTRIBUTION OF   ABORTION-INDUCING DRUGS. (a)  Notwithstanding any other law and   except as provided by this section, a person who manufactures,   distributes, mails, transports, delivers, or provides an   abortion-inducing drug in violation of Section 171A.051 or who aids   or abets the manufacture, distribution, mailing, transportation,   delivery, or provision of an abortion-inducing drug in violation of   Section 171A.051, or who otherwise engages in any conduct   prohibited by Section 171A.051 is strictly 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)  Notwithstanding any other law, a civil action may not be   brought under this section:                (1)  against the woman who used or sought to obtain   abortion-inducing drugs to abort or attempt to abort her unborn   child;                (2)  against a person that acted 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; or                (3)  by any person who impregnated the woman who used   abortion-inducing drugs through conduct constituting an offense   under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code,   or by another person who acts in concert or participation with that   person.          (d)  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   certify a class in the action.          Sec. 171A.102.  DEFENSES. (a)  It is an affirmative defense   to an action brought under Section 171A.101 that the defendant:                (1)  was unaware that the defendant was engaged in the   conduct described by Section 171A.101(a); and                (2)  took every reasonable precaution to ensure that   the defendant would not manufacture, distribute, mail, transport,   deliver, provide, or aid or abet the manufacture, distribution,   mail, transportation, delivery, 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 this section:                (1)  ignorance or mistake of law;                (2)  a defendant's belief that the requirements or   provisions of this chapter are unconstitutional or were   unconstitutional;                (3)  a defendant's reliance on a court decision that has   been vacated, reversed, or overruled on appeal or by a subsequent   court, even if that court decision had not been vacated, reversed,   or overruled when the cause of action accrued;                (4)  a defendant's reliance on a state or federal court   decision that is not binding on the court in which the action has   been brought;                (5)  a defendant's reliance on a federal statute,   agency rule or action, or treaty that has been repealed,   superseded, or declared invalid or unconstitutional, even if 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 of the claimant or the unborn child's   mother to the abortion;                (8)  contributory or comparative negligence;                (9)  assumption of risk; or                (10)  a claim that the enforcement of this chapter or   the imposition of civil liability against the defendant will   violate the constitutional rights of third parties.          Sec. 171A.103.  APPORTIONED 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 market for abortion-inducing drugs.          Sec. 171A.104.  STATUTE OF LIMITATIONS.  Notwithstanding any   other law, a person may bring an action under Section 171A.101 not   later than the sixth anniversary of the date the cause of action   accrues.          Sec. 171A.105.  WAIVER PROHIBITED.  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.  CONSTRUCTION OF SUBCHAPTER. This subchapter   may not be construed to impose liability on speech or conduct   protected by the First Amendment of the United States Constitution,   as made applicable to the states through the United States Supreme   Court's interpretation of the Fourteenth Amendment of the United   States Constitution or protected by Section 8, Article I, Texas   Constitution.          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.          (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 United States Constitution.          (c)  Chapters 27 and 110, Civil Practice and Remedies Code,   do not apply to an action brought under Section 171A.101.   SUBCHAPTER D.  PRIVATE CIVIL ENFORCEMENT OF PROHIBITIONS RELATING   TO ABORTION-INDUCING DRUGS          Sec. 171A.151.  CIVIL ACTION AUTHORIZED.  (a)  Except as   provided by this section, a person, other than this state, a   political subdivision of this state, and an officer or employee of   this state or a political subdivision of this state, has standing to   bring and may bring a civil action against a person who:                (1)  violates Section 171A.051; or                (2)  intends to violate Section 171A.051.          (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)  Notwithstanding any other law, a civil action may not be   brought under this section:                (1)  against the woman who used or sought to obtain   abortion-inducing drugs to abort or attempt to abort her unborn   child;                (2)  against a person that acted 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; or                (3)  by any person who impregnated the woman who used or   sought to obtain abortion-inducing drugs through conduct   constituting an offense under Section 21.02, 21.11, 22.011, 22.021,   or 25.02, Penal Code, or by another person who acts in concert or   participation with that person.          (d)  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   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 that the defendant was engaged in the   conduct prohibited by Section 171A.051; and                (2)  took every reasonable precaution to ensure that   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 this section:                (1)  ignorance or mistake of law;                (2)  a defendant's belief that the requirements or   provisions of this chapter are unconstitutional or were   unconstitutional;                (3)  a defendant's reliance on a court decision that has   been vacated, reversed, or overruled on appeal or by a subsequent   court, even if that court decision had not been vacated, reversed,   or overruled when the cause of action accrued;                (4)  a defendant's reliance on a state or federal court   decision that is not binding on the court in which the action has   been brought;                (5)  a defendant's reliance on a federal statute,   agency rule or action, or treaty that has been repealed,   superseded, or declared invalid or unconstitutional, even if 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 of the claimant or the unborn child's   mother to the abortion;                (8)  contributory or comparative negligence;                (9)  assumption of risk; or                (10)  a claim that the enforcement of this chapter or   the imposition of civil liability against the defendant will   violate the constitutional rights of third parties.          Sec. 171A.153.  STATUTE OF LIMITATIONS. Notwithstanding any   other law, a person may bring an action under Section 171A.151 not   later than the sixth anniversary of the date the cause of action   accrues.          Sec. 171A.154.  REMEDIES.  (a)  Except as provided by   Subsection (c), if a claimant prevails in an action brought under   Section 171A.151, the court shall award:                (1)  injunctive relief sufficient to prevent the   defendant from violating Section 171A.051;                (2)  nominal damages or compensatory damages if the   claimant has suffered injury or harm from the defendant's conduct,   including loss of consortium and emotional distress;                (3)  statutory damages in an amount of not less than   $10,000 for each violation of Section 171A.051; and                (4)  costs and reasonable attorney's fees.          (b)  A court may not award relief under Subsection (a)(3) or   (a)(4) in response to a violation of Section 171A.051 if the   defendant demonstrates that a court has already ordered the   defendant to pay the full amount of statutory damages under   Subsection (a)(3) in another action for that particular violation.          (c)  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. This subchapter   may not be construed to impose liability on speech or conduct   protected by the First Amendment of the United States Constitution,   as made applicable to the states through the United States Supreme   Court's interpretation of the Fourteenth Amendment of the United   States Constitution or protected by Section 8, Article I, Texas   Constitution.          Sec. 171A.156.  PUBLIC 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.151;                (2)  establish or attempt to establish any type of   agency or fiduciary relationship with a claimant bringing an action   under Section 171A.151;                (3)  make any attempt to control or influence a person's   decision to bring an action under Section 171A.151 or that person's   conduct of the litigation; or                (4)  intervene in an action brought under Section   171A.151.          (b)  This section does not prohibit a governmental entity or   officer or employee of a governmental entity from filing an amicus   curiae brief in an action brought under Section 171A.151 if the   entity, officer, or employee does not act in concert or   participation with the claimant.          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.          (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 United States Constitution.          (c)  Chapters 27 and 110, Civil Practice and Remedies Code,   do not apply to an action brought under Section 171A.151.   SUBCHAPTER E.  PRIVATE CIVIL ENFORCEMENT AGAINST INTERACTIVE   COMPUTER SERVICES FACILITATING ABORTION          Sec. 171A.201.  CIVIL ACTION AGAINST INTERACTIVE COMPUTER   SERVICE PROVIDER.  (a)  A person, other than this state, a political   subdivision of this state, and an officer or employee of this state   or a political subdivision of this state, has standing to bring and   may bring a civil action against a person who provides or maintains:                (1)  an interactive computer service that allows   residents of this state to access information or material that   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 that is designed   to assist or facilitate efforts to obtain elective abortions or   abortion-inducing drugs; or                (3)  a platform that allows or enables those who   provide or aid or abet elective abortions, or those who   manufacture, distribute, mail, transport, deliver, or provide   abortion-inducing drugs, to collect money, digital currency,   resources, or any other thing of value in connection with that   conduct.          (b)  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   certify a class in the action.          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;   and                (2)  on learning 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,   took prompt action to:                      (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 claimant prevails in an action brought under   Section 171A.201, the court shall award only declaratory or   injunctive relief.  A court may not award:                (1)  damages in the action, even if the claimant   demonstrates harm from the defendant's conduct; or                (2)  a prevailing claimant's attorney's fees or costs.          (b)  A court may not award relief under Subsection (a) if the   action was brought in response to:                (1)  the exercise of a constitutional 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 doctrines of preemption or intergovernmental immunity;   or                (3)  conduct engaged in by a woman who aborted or   attempted to abort her unborn child, if that woman is the named   defendant in the action.          Sec. 171A.204.  RELATION TO OTHER INFORMATION CONTENT   PROVIDERS. A person who engages in conduct described by Section   171A.201(a)(1), (2), or (3) may not be:                (1)  held vicariously liable for nominal, statutory, or   compensatory damages incurred by another information content   provider;                (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, conduct described by Section   171A.201(1), (2), or (3) is not subject to criminal, civil, or   administrative liability except solely through the private civil   action described by Section 171A.201.  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 take a direct or   indirect enforcement action under this subchapter against any   person, by any means.          (b)  Except as provided by Subsection (c), a person may not   use conduct described by Section 171A.201(1), (2), or (3) as a   justification for the enforcement of any other law or any type of   adverse consequence under any other law except as provided by   Section 171A.201.          (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.          Sec. 171A.206.  PUBLIC 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.201;                (2)  establish or attempt to establish any type of   agency or fiduciary relationship with a claimant bringing an action   under Section 171A.201;                (3)  make any attempt to control or influence a person's   decision to bring an action under Section 171A.201 or that person's   conduct of the litigation; or                (4)  intervene in an action brought under Section   171A.201.          (b)  This section does not prohibit a governmental entity or   officer or employee of a governmental entity from filing an amicus   curiae brief in an action brought under Section 171A.201 if the   entity, officer, or employee does not act in concert or   participation with the claimant.          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.          (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 United States Constitution.          (c)  Chapters 27 and 110, Civil Practice and Remedies Code,   do not apply to an action brought under Section 171A.151.          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 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;                (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   (1); or                (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   FOR FACILITATING ABORTION          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   this section if:                (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 a third party.          (b)  The defendant has the burden of proving an affirmative   defense described by Subsection (a) by a preponderance of the   evidence.          Sec. 171A.252.  CONSTRUCTION OF CHAPTER WITH RESPECT TO   CIVIL LIABILITY AND ENFORCEMENT. This chapter may not be construed   to limit or preclude a defendant from asserting the   unconstitutionality of any provision or application of the laws of   this state as a defense to liability under Section 171A.101,   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.  Notwithstanding   any other law, a court may not apply the law of another state or   jurisdiction to any civil action brought under Section 171A.101,   171A.151, or 171A.201 unless Article VI of the United States   Constitution compels it to do so.          Sec. 171A.254.  VENUE.  (a)  Notwithstanding any other law, a   civil action brought under Section 171A.101, 171A.151, or 171A.201   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 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 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.          Sec. 171A.255.  PROTECTION FROM COUNTER ACTIONS.  If an   action brought against a person or liability imposed in a judgment   entered against a person is wholly or partly based 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 include:                (1)  compensatory damages created by the action or   judgment, including money damages in an amount of the judgment and   costs, expenses, and reasonable attorney's fees spent in defending   the action;                (2)  costs, expenses, and reasonable attorney's fees   incurred in bringing an action under this section; and                (3)  additional statutory damages in an amount of not   less than $100,000.   SUBCHAPTER G.  INTERNET SERVICE PROVIDER DUTIES          Sec. 171A.301.  RESTRICTIONS ON ACCESS TO CERTAIN   INFORMATION AND MATERIALS ACCESSIBLE THROUGH CERTAIN INTERNET   WEBSITES. Each Internet service provider that provides Internet   services in this state shall make every reasonable and   technologically feasible effort to block Internet access to   information or material intended to assist or facilitate efforts to   obtain an elective abortion or an abortion-inducing drug, including   information or material accessible through:                (1)  the following Internet websites:                      (A)  aidaccess.org;                      (B)  heyjane.co;                      (C)  plancpills.org;                      (D)  mychoix.co;                      (E)  justthepill.com; and                      (F)  carafem.org;                (2)  an Internet website, platform, or other   interactive computer service operated by or on behalf of an   abortion provider or abortion fund;                (3)  an Internet website, platform, or other   interactive computer service for downloading any application or   software for use on a computer or electronic device that is designed   to assist or facilitate efforts to obtain an elective abortion or an   abortion-inducing drug; or                (4)  an Internet website, platform, or other   interactive computer service that allows or enables those who   provide or aid or abet elective abortions, or those who   manufacture, mail, distribute, transport, or provide   abortion-inducing drugs, to collect money, digital currency,   resources, or any other thing of value.          Sec. 171A.302.  NOTIFICATION TO INTERNET SERVICE PROVIDER.     A person who becomes aware that information or material described   by Section 171A.301 is accessible through an Internet service   provider that provides Internet services in this state may notify   the provider and request that the provider block access to the   information or material in accordance with that section.  A person   may provide the notification by:                (1)  calling the provider's customer support number and   providing a precise description and location of the information or   material; or                (2)  mailing a letter to the provider that includes a   precise description and location of the information or material.          Sec. 171A.303.  PUBLIC ENFORCEMENT PROHIBITED.  (a)   Notwithstanding any other law, direct or indirect enforcement of   this subchapter may not be taken or threatened by this state or a   political subdivision of this state, or by any officer, employee,   or agent of this state or a political subdivision of this state, by   any means.          (b)  This state, a political subdivision of this state, or an   officer, employee, or agent of this state or a political   subdivision of this state may request or encourage an Internet   service provider to comply with the requirements of this   subchapter.          Sec. 171A.304.  LIABILITY; RECOVERY OF DAMAGES.  (a)     Notwithstanding any other law, an Internet service provider that   provides Internet services in this state has absolute and   nonwaivable immunity from liability or suit for:                (1)  an action taken to comply with the requirements of   this subchapter, or to restrict access to or availability of the   information or material described by Section 171A.301;                (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 Section   171A.301; or                (3)  a denial of service to persons who use or seek to   use the Internet to make available information or material   described by Section 171A.301.          (b)  An Internet service provider against whom an action is   brought or a judgment is entered in state or federal court that is   wholly or partly based on the provider's compliance with the   requirements of this subchapter may recover damages from a claimant   that brought the action or obtained the judgment or who has sought   to enforce the judgment.  The damages include:                (1)  compensatory damages created by the action or   judgment, including money damages in an amount of the judgment, and   expenses and reasonable attorney's fees spent in defending the   action;                (2)  costs, expenses, and reasonable attorney's fees   incurred in bringing an action under this section; and                (3)  additional statutory damages in an amount of not   less than $100,000.   SUBCHAPTER H.  CRIMINAL OFFENSES          Sec. 171A.351.  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 dies as a result   of the offense.          (b)  The prohibition under Subsection (a) applies regardless   of:                (1)  the individual on whom the elective abortion is   performed;                (2)  the location at which the elective abortion is   performed;                (3)  the law of the jurisdiction in which the elective   abortion is performed; and                (4)  whether the payment or reimbursement is provided   directly or through an intermediary.          (c)  The prohibition under Subsection (a) does not apply to a   pregnant woman on whom an elective abortion is performed or   attempted.          (d)  The prohibition under Subsection (a) applies   extraterritorially to the maximum extent permitted by the United   States Constitution or the Texas Constitution.          Sec. 171A.352.  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:                (1)  in this state; or                (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   second degree, except that the offense is a felony of the first   degree if an unborn child dies as a result of the offense.          (c)  The prohibition under Subsection (a) does not apply to a   pregnant woman on whom an elective abortion is performed or   attempted.          (d)  The prohibition under Subsection (a) applies   extraterritorially to the maximum extent permitted by the United   States Constitution or the Texas Constitution.   SUBCHAPTER I.  PROVISIONS RELATING TO ENFORCEMENT OF ABORTION LAWS          Sec. 171A.401.  DEFINITION.  In this subchapter, "abortion   law" means any law of this state regulating abortion, including   this chapter and Chapter 6-1/2, Title 71, Revised Statutes.          Sec. 171A.402.  STATUTE OF LIMITATIONS. Notwithstanding any   other law, there is no applicable statute of limitations for an   offense committed under an abortion law.          Sec. 171A.403.  CONCURRENT JURISDICTION OF ATTORNEY   GENERAL.  Notwithstanding any other law, the attorney general has   concurrent jurisdiction to prosecute any 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.404.  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 abortion law of this state   except for Subchapter H, Chapter 171, or Subchapter B, C, or E of   this chapter.          Sec. 171A.405.  FEE SHIFTING. (a)  Notwithstanding any   other law, a person, including an entity, attorney, or law firm, who   brings an action seeking 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 a   state or federal court or who represents a litigant seeking such   relief in a 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.          (b)  For purposes of this section, a party is considered a   prevailing party if a state or federal court:                (1)  dismisses a claim or cause of action brought   against the party that seeks the declaratory or injunctive relief   described by Subsection (a), regardless of the reason for the   dismissal; or                (2)  enters judgment in the party's favor on that claim   or cause of action.          (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 an action brought under   Subsection (d) that:                (1)  a prevailing party under this section failed to   seek recovery of costs or attorney's fees in the underlying action;                (2)  the court in the underlying action declined to   recognize or enforce this section; or                (3)  the court in the underlying action held that any   provisions of this section are invalid, unconstitutional, or   preempted by federal law, notwithstanding the doctrines of issue or   claim preclusion.   SUBCHAPTER J.  IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION          Sec. 171A.451.  SOVEREIGN, GOVERNMENTAL, AND OFFICIAL   IMMUNITY.  (a)  Except as provided by Subsection (b) but   notwithstanding any other law, the state has sovereign immunity, a   political subdivision of this state has governmental immunity, and   an officer or employee of this state or a political subdivision of   this state has official immunity in an action, claim, counterclaim,   or any other type of legal or equitable action that:                (1)  challenges the validity of any provision or   application of this chapter, on constitutional grounds or   otherwise; or                (2)  seeks to prevent or enjoin this state, a political   subdivision of this state, or an officer or employee of this state   or a political subdivision of this state from:                      (A)  enforcing any provision or application of   this chapter; or                      (B)  hearing, adjudicating, or docketing a civil   action brought under Section 171A.101, 171A.151, or 171A.201.          (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)  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 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.          Sec. 171A.452.  APPLICABILITY OF IMMUNITY. Notwithstanding   any other law, the immunity conferred by Section 171A.451 applies   to every court, both state and federal, and in every type of   adjudicative proceeding.          Sec. 171A.453.  CONSTRUCTION OF CHAPTER.  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.454.  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.451 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.451 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.455.  JURISDICTION. Notwithstanding any other   law, 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, that would pronounce any provision or application of   this subchapter invalid or unconstitutional; or                (2)  would 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:                      (A)  enforcing any provision or application of   this chapter; or                      (B)  hearing, adjudicating, or docketing a civil   action brought under Section 171A.101, 171A.151, or 171A.201.          Sec. 171A.456.  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.451 or the jurisdictional limitation described by Section   171A.455:                (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 the 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:                (1)  is considered void and a violation of the Due   Process Clause of the Fourteenth Amendment to the United States   Constitution; and                (2)  may not be enforced or obeyed by an officer,   employee, or agent, including a judicial official, of this state or   a political subdivision of this state.          Sec. 171A.457.  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 Subsection (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.          (b)  A claimant who prevails in an action brought under this   section is entitled to:                (1)  injunctive relief;                (2)  compensatory damages;                (3)  exemplary damages of not less than $100,000; and                (4)  costs and reasonable attorney's fees.          (c)  Notwithstanding any other law, in an action brought   under this section, a person who violates Section 171A.455 or   171A.456(b):                (1)  may not assert and is not entitled to any type of   immunity defense, including sovereign immunity, governmental   immunity, official immunity, or judicial immunity;                (2)  may not be indemnified for an award of damages or   costs and attorney's fees entered against the person or for the   costs of the person's legal defense; and                (3)  may not receive or obtain legal representation   from the attorney general.          Sec. 171A.458.  ACTION TO RECOVER COSTS.  (a)     Notwithstanding any other law, a claimant who brings an action   seeking a writ, injunction, or declaratory judgment that would   restrain a person from hearing, adjudicating, docketing, or filing   an action under Section 171A.101, 171A.151, or 171A.201 is liable   to the person for the person's costs and attorney's fees incurred in   connection with the action.          (b)  A person entitled to recover costs and attorney's fees   under this section may bring an action in state or federal court.          (c)  It is not a defense to an action brought under this   section 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 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.          SECTION 4.  Section 71.02(a), Penal Code, is amended to read   as follows:          (a)  A person commits an offense if, with the intent to   establish, maintain, or participate in a combination or in the   profits of a combination or as a member of a criminal street gang,   the person commits or conspires to commit one or more of the   following:                (1)  murder, capital murder, arson, aggravated   robbery, robbery, burglary, theft, aggravated kidnapping,   kidnapping, aggravated assault, aggravated sexual assault, sexual   assault, continuous sexual abuse of young child or disabled   individual, solicitation of a minor, forgery, deadly conduct,   assault punishable as a Class A misdemeanor, burglary of a motor   vehicle, or unauthorized use of a motor vehicle;                (2)  any gambling offense punishable as a Class A   misdemeanor;                (3)  promotion of prostitution, aggravated promotion   of prostitution, or compelling prostitution;                (4)  unlawful manufacture, transportation, repair, or   sale of firearms or prohibited weapons;                (5)  unlawful manufacture, delivery, dispensation, or   distribution of a controlled substance or dangerous drug, or   unlawful possession of a controlled substance or dangerous drug   through forgery, fraud, misrepresentation, or deception;                (5-a)  causing the unlawful delivery, dispensation, or   distribution of a controlled substance or dangerous drug in   violation of Subtitle B, Title 3, Occupations Code;                (6)  any unlawful wholesale promotion or possession of   any obscene material or obscene device with the intent to wholesale   promote the same;                (7)  any offense under Subchapter B, Chapter 43,   depicting or involving conduct by or directed toward a child   younger than 18 years of age;                (8)  any felony offense under Chapter 32;                (9)  any offense under Chapter 36;                (10)  any offense under Chapter 34, 35, or 35A;                (11)  any offense under Section 37.11(a);                (12)  any offense under Chapter 20A;                (13)  any offense under Section 37.10;                (14)  any offense under Section 38.06, 38.07, 38.09, or   38.11;                (15)  any offense under Section 42.10;                (16)  any offense under Section 46.06(a)(1) or 46.14;                (17)  any offense under Section 20.05 or 20.06;                (18)  any offense under Section 16.02; [or]                (19)  any offense classified as a felony under the Tax   Code;                (20)  a violation of 18 U.S.C. Section 1462(c);                (21)  a violation of an abortion law under Chapter 170,   170A, 171, or 171A, Health and Safety Code, or Chapter 6-1/2, Title   71, Revised Statutes; and                (22)  an offense under Chapter 28 directed at a church,   a crisis pregnancy center, an adoption agency, or an entity that   offers alternatives to abortion services.          SECTION 5.  (a)  Mindful of Leavitt v. Jane L., 518 U.S. 137   (1996), in which in the context of determining the severability of a   state statute regulating abortion the United States Supreme Court   held that an explicit statement of legislative intent is   controlling, 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, are severable   from each other.          (b)  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, preempted, or unconstitutional, for any reason   whatsoever, then the remaining applications of that provision to   all other persons and circumstances shall be severed and preserved,   and shall remain in effect.  All constitutionally valid   applications of the provisions in this Act shall be severed from any   applications that a court finds to be invalid, preempted, or   unconstitutional, because it is the legislature's intent and   priority that every single valid application of every statutory   provision be allowed to stand alone.          (c)  The legislature further declares that it would have   enacted this Act, and each provision, section, subsection,   sentence, clause, phrase, or word, and all constitutional   applications of the provisions of this Act, irrespective of the   fact that any provision, section, subsection, sentence, clause,   phrase, or word, or applications of this Act were to be declared   invalid, preempted, or unconstitutional.          (d)  If any provision of this Act is found by any court to be   unconstitutionally vague, then the applications of that provision   that do not present constitutional vagueness problems shall be   severed and remain in force, consistent with the severability   requirements of Subsections (a), (b), and (c) of this section.          (e)  No court may decline to enforce the severability   requirements of Subsections (a), (b), (c), and (d) of this section   on the ground that severance would rewrite the statute or involve   the court in legislative or lawmaking activity. A court that   declines to enforce or enjoins a state official from enforcing a   statutory provision is not rewriting a statute or engaging in   legislative or lawmaking activity, as the statute continues to   contain the same words as before the court's decision. A judicial   injunction or declaration of unconstitutionality:                (1)  is nothing more than an edict prohibiting   enforcement of the disputed statute against the named parties to   that lawsuit, which may subsequently be vacated by a later court if   that court has a different understanding of the requirements of the   Texas Constitution or United States Constitution;                (2)  is not a formal amendment of the language in a   statute; and                (3)  no more rewrites a statute than a decision by the   executive not to enforce a duly enacted statute in a limited and   defined set of circumstances.          (f)  If any state or federal court disregards any of the   severability requirements in Subsections (a), (b), (c), (d), or (e)   of this section, and declares or finds any provision of this Act   facially invalid, preempted, or unconstitutional, when there are   discrete applications of that provision that can be enforced   against a person, a group of persons, or circumstances without   violating federal law or the United States Constitution or Texas   Constitution, then that provision shall be interpreted, as a matter   of state law, as if the legislature had enacted a provision limited   to the persons, group of persons, or circumstances for which the   provision's application will not violate federal law or the United   States Constitution or Texas Constitution, and every court shall   adopt this saving construction of that provision until the court   ruling that pronounced the provision facially invalid, preempted,   or unconstitutional is vacated or overruled.          SECTION 6.  Chapter 171A, Health and Safety Code, as added by   this Act, applies only to a cause of action that accrues on or after   the effective date of this Act.          SECTION 7.  Section 71.02, Penal Code, as amended by this   Act, applies only to an offense committed on or after the effective   date of this Act. An offense committed before the effective date of   this Act is governed by the law in effect on the date the offense was   committed, and the former law is continued in effect for that   purpose. For purposes of this section, an offense was committed   before the effective date of this Act if any element of the offense   occurred before that date.          SECTION 8.  This Act takes effect September 1, 2025.