89S11160 JG-F     By: Leach H.B. No. 6       A BILL TO BE ENTITLED   AN ACT   relating to the provision of abortion-inducing drugs, including the   enforcement of and exceptions to laws regulating the provision of   abortion-inducing drugs; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 171.061, Health and Safety Code, is   amended by amending Subdivision (8-a) and adding Subdivision (8-b)   to read as follows:                (8-a)  "Provide" means, as used with regard to   abortion-inducing drugs, any act of giving, selling, dispensing,   administering, transferring possession, or otherwise providing or   prescribing an abortion-inducing drug. The term does not include   an activity described by Section 171.2011(b).                (8-b)  "Supplier of an abortion-inducing drug" means a   person engaged in the business of providing abortion-inducing drugs   to patients for the purpose of obtaining an abortion.          SECTION 2.  Section 171.063, Health and Safety Code, is   amended by amending Subsections (a), (b-1), and (c) and adding   Subsection (b-2) to read as follows:          (a)  A person may not knowingly provide an abortion-inducing   drug to a pregnant woman for the purpose of inducing an abortion in   the pregnant woman or enabling another person to induce an abortion   in the pregnant woman unless:                (1)  the person who provides the abortion-inducing drug   is a physician; and                (2)  the provision of the abortion-inducing drug is in   response to a medical emergency [satisfies the protocol authorized   by this subchapter].          (b-1)  A manufacturer, supplier of an abortion-inducing   drug, physician, or any other person may not provide to a patient   any abortion-inducing drug by courier, delivery by a common or   contract carrier, or mail service.          (b-2)  It is an exception to the application of Subsection   (b-1) that:                (1)  the person providing the abortion-inducing drug   is:                      (A)  a physician;                      (B)  a health facility licensed under Subtitle B,   Title 4; or                      (C)  a pharmacy or pharmacist licensed under   Subtitle J, Title 3, Occupations Code; and                (2)  the provision of the abortion-inducing drug:                      (A)  constitutes an activity described by Section   171.2011(b);                      (B)  is in response to a medical emergency; or                      (C)  is for a medical reason other than to   attempt, induce, or perform an abortion.          (c)  Before the physician provides an abortion-inducing   drug, the physician must:                (1)  examine the pregnant woman in person; and                (2)  independently verify that a pregnancy exists,   including a pregnancy located outside the uterus [;                [(3)  document, in the woman's medical record, the   gestational age and location of the pregnancy to determine whether   an ectopic pregnancy exists as defined by Section 245.002(4-a);                [(4)  determine the pregnant woman's blood type, and   for a woman who is Rh negative, offer to administer Rh   immunoglobulin (RhoGAM) at the time the abortion-inducing drug is   administered or used or the abortion is performed or induced to   prevent Rh incompatibility, complications, or miscarriage in   future pregnancies;                [(5)  document whether the pregnant woman received   treatment for Rh negativity, as diagnosed by the most accurate   standard of medical care; and                [(6)  ensure the physician does not provide an   abortion-inducing drug for a pregnant woman whose pregnancy is more   than 49 days of gestational age].          SECTION 3.  Subchapter D, Chapter 171, Health and Safety   Code, is amended by adding Sections 171.0651, 171.0652, 171.067,   171.068, 171.069, and 171.070 to read as follows:          Sec. 171.0651.  CERTAIN ACTIVITIES NOT SUBJECT TO   PROSECUTION. A person is not subject to prosecution as a party   under Sections 7.01 and 7.02, Penal Code, or for organized criminal   activity under Chapter 71, Penal Code, for any underlying conduct   that is an activity described by Section 171.2011.          Sec. 171.0652.  PROSECUTION BY ATTORNEY GENERAL.   Notwithstanding any other law, the attorney general has   jurisdiction to prosecute and may represent the state in the   prosecution of an offense under Section 171.065 that is based on a   violation of Section 171.063(b-1).          Sec. 171.067.  CIVIL PENALTY; INJUNCTION. (a) Except as   provided by Section 171.069, the attorney general may bring a civil   action against a person who violates Section 171.063(b-1) to enjoin   the violation or recover a civil penalty.          (b)  A district court located in a county of proper venue   under Chapter 15, Civil Practice and Remedies Code, has   jurisdiction over a civil action brought under this section if any   element of the alleged violation occurred in this state.          (c)  If the trier of fact finds that a defendant against whom   an action is brought under this section violated Section   171.063(b-1), the court shall impose a civil penalty of not less   than $100,000 for each violation.          Sec. 171.068.  QUI TAM ACTION FOR CERTAIN PROHIBITED   ACTIVITIES. (a) A person may bring a civil action against a person   who violates Section 171.063(b-1) in the name of the person and of   this state to enjoin the violation and recover statutory damages in   the amount of $100,000 per violation.          (b)  A person may not bring an action under this section   later than the second anniversary of the date the alleged violation   of Section 171.063(b-1) occurred.          (c)  Except as provided by this subchapter, a civil action   brought under this section is subject to the same procedures and   requirements applicable to a civil action brought under Subchapter   C, Chapter 36, Human Resources Code, including any provision of   that subchapter authorizing the attorney general to intervene and   resolve an action a person brings under that subchapter.          Sec. 171.069.  PROCEDURES FOR CIVIL ACTIONS. (a) A person   may not bring a civil action under this subchapter against a woman   who:                (1)  aborts or attempts to abort her unborn child; or                (2)  uses, obtains, or seeks to obtain an   abortion-inducing drug to abort or attempt to abort her unborn   child.          (b)  The courts of this state have personal jurisdiction over   a defendant against whom an action is brought under this subchapter   to the maximum extent permitted by the Fourteenth Amendment to the   United States Constitution and the defendant may be served outside   this state.          (c)  If the attorney general prevails in an action brought   under Section 171.067 or in which the attorney general intervened   under Section 171.068, the attorney general is entitled to recover   reasonable and necessary attorney's fees, expenses, and court   costs.          Sec. 171.070.  REMEDIES CUMULATIVE. A civil or criminal   action authorized by this subchapter is in addition to any other   civil or criminal action provided by this subchapter.          SECTION 4.  Sections 171.063(d), (e), and (f), Health and   Safety Code, are repealed.          SECTION 5.  The changes in law made by this Act apply only to   a cause of action that accrues on or after the effective date of   this Act.          SECTION 6.  Except as otherwise provided by this Act, the   changes in law made by this Act apply only to conduct engaged in on   or after the effective date of this Act.  Conduct engaged in 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, conduct   was engaged in before the effective date of this Act if any element   of the conduct occurred before that date.          SECTION 7.  (a) Notwithstanding any other law, the Texas   Supreme Court has exclusive and original jurisdiction over a   challenge to the constitutionality of this Act or any part of this   Act and may issue injunctive or declaratory relief in connection   with the challenge.          (b)  A person has standing to challenge the   constitutionality of this Act if the person:                (1)  is a manufacturer, supplier of an   abortion-inducing drug, distributor, or other person who provides   abortion-inducing drugs, as defined by Section 171.061, Health and   Safety Code, for use in this state; and                (2)  has contacts sufficient to subject the person to   personal jurisdiction in a civil action brought in a court of this   state, without regard to whether those contacts involve conduct on   which a civil action may be based as provided by this Act.          (c)  Section 22.001(d), Government Code, applies to an   action challenging the constitutionality of this Act.          (d)  Chapter 27, Civil Practice and Remedies Code, does not   apply to an action challenging the constitutionality of this Act.          (e)  The Texas Supreme Court shall render a final judgment in   an action challenging the constitutionality of this Act not later   than the 180th day after the date the action is filed.          SECTION 8.  This Act takes effect December 1, 2025.