88R6630 JG/SCL-F
 
  By: Toth H.B. No. 2690

Statutes affected:
Introduced: Penal Code 71.02 (Penal Code 71)

 
 
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