Bill Summary – FastDemocracy

      
            88S20016 MZM-F
         
		By: Toth
            H.B. No. 21
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to civil liability for the sterilization, castration, or 
         
            genital mutilation of children.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Chapter 74, Civil Practice and Remedies Code, is 
         
            amended by adding Subchapter M to read as follows:
         
            SUBCHAPTER M.  LIABILITY FOR STERILIZATION, CASTRATION, OR GENITAL 
         
            MUTILATION OF CHILDREN
         
                   Sec. 74.601.  CAUSE OF ACTION.  Notwithstanding any other 
         
            law, a person is strictly and jointly and severally liable to an 
         
            individual for personal injury to the individual resulting from 
         
            knowingly:
         
                         (1)  prescribing puberty blockers or hormone therapy to 
         
            a minor for the purpose of transitioning a child's biological sex as 
         
            determined by the sex organs, chromosomes, and endogenous profiles 
         
            of the child or affirming the child's perception of the child's sex 
         
            if that perception is inconsistent with the child's biological sex;
         
                         (2)  performing a sex-change operation on a minor; or
         
                         (3)  aiding or abetting the conduct described by 
         
            Subdivision (1) or (2).
         
                   Sec. 74.602.  STANDING AND DAMAGES.  Notwithstanding any 
         
            other law, an individual described by Section 74.601 may bring an 
         
            action under this subchapter and is entitled to recover in the 
         
            action:
         
                         (1)  nominal damages;
         
                         (2)  compensatory damages;
         
                         (3)  exemplary damages in an amount of not less than $10 
         
            million from each defendant if the conduct that is the basis for the 
         
            action resulted in the individual's irreversible sterilization or 
         
            sexual dysfunction; and
         
                         (4)  costs and reasonable attorney's fees incurred in 
         
            bringing the action.
         
                   Sec. 74.603.  LIMITATIONS.  Notwithstanding any other law, a 
         
            person may bring an action under this subchapter not later than the 
         
            20th anniversary of the date the cause of action accrues.
         
                   Sec. 74.604.  DEFENSES.  (a)  A defendant against whom an 
         
            action is brought under this subchapter may assert as an 
         
            affirmative defense to liability that:
         
                         (1)  the imposition of civil liability on the defendant 
         
            will violate constitutional or federally protected rights that 
         
            belong to the defendant personally; or
         
                         (2)  the defendant:
         
                               (A)  has standing to assert the rights of a third 
         
            party under the tests for third-party standing established by the 
         
            United States Supreme Court; and
         
                               (B)  demonstrates that the imposition of civil 
         
            liability on the defendant will violate constitutional or federally 
         
            protected rights belonging to that third party.
         
                   (b)  Notwithstanding any other law, the following are not a 
         
            defense to an action brought under this subchapter:
         
                         (1)  ignorance or mistake of law;
         
                         (2)  a defendant's belief that the requirements or 
         
            provisions of this subchapter are unconstitutional or were 
         
            unconstitutional;
         
                         (3)  a defendant's reliance on a court decision that has 
         
            been vacated, reversed, or overruled on appeal or by a subsequent 
         
            court, even if that court decision had not been vacated, reversed, 
         
            or overruled when the cause of action accrued;
         
                         (4)  a defendant's reliance on any state or federal 
         
            court decision that is not binding on the court in which the action 
         
            has been brought;
         
                         (5)  a defendant's reliance on any federal statute, 
         
            agency rule or action, or treaty that has been repealed, 
         
            superseded, or declared invalid or unconstitutional, even if that 
         
            federal statute, agency rule or action, or treaty had not been 
         
            repealed, superseded, or declared invalid or unconstitutional when 
         
            the cause of action accrued;
         
                         (6)  non-mutual issue preclusion or non-mutual claim 
         
            preclusion;
         
                         (7)  the consent to the defendant's conduct that is the 
         
Statutes affected: 
Introduced:  ()



	A BILL TO BE ENTITLED
	AN ACT
	relating to civil liability for the sterilization, castration, or
	genital mutilation of children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 74, Civil Practice and Remedies Code, is
	amended by adding Subchapter M to read as follows:
	SUBCHAPTER M. LIABILITY FOR STERILIZATION, CASTRATION, OR GENITAL
	MUTILATION OF CHILDREN
	Sec. 74.601. CAUSE OF ACTION. Notwithstanding any other
	law, a person is strictly and jointly and severally liable to an
	individual for personal injury to the individual resulting from
	knowingly:
	(1) prescribing puberty blockers or hormone therapy to
	a minor for the purpose of transitioning a child's biological sex as
	determined by the sex organs, chromosomes, and endogenous profiles
	of the child or affirming the child's perception of the child's sex
	if that perception is inconsistent with the child's biological sex;
	(2) performing a sex-change operation on a minor; or
	(3) aiding or abetting the conduct described by
	Subdivision (1) or (2).
	Sec. 74.602. STANDING AND DAMAGES. Notwithstanding any
	other law, an individual described by Section 74.601 may bring an
	action under this subchapter and is entitled to recover in the
	action:
	(1) nominal damages;
	(2) compensatory damages;
	(3) exemplary damages in an amount of not less than $10
	million from each defendant if the conduct that is the basis for the
	action resulted in the individual's irreversible sterilization or
	sexual dysfunction; and
	(4) costs and reasonable attorney's fees incurred in
	bringing the action.
	Sec. 74.603. LIMITATIONS. Notwithstanding any other law, a
	person may bring an action under this subchapter not later than the
	20th anniversary of the date the cause of action accrues.
	Sec. 74.604. DEFENSES. (a) A defendant against whom an
	action is brought under this subchapter may assert as an
	affirmative defense to liability that:
	(1) the imposition of civil liability on the defendant
	will violate constitutional or federally protected rights that
	belong to the defendant personally; or
	(2) the defendant:
	(A) has standing to assert the rights of a third
	party under the tests for third-party standing established by the
	United States Supreme Court; and
	(B) demonstrates that the imposition of civil
	liability on the defendant will violate constitutional or federally
	protected rights belonging to that third party.
	(b) Notwithstanding any other law, the following are not a
	defense to an action brought under this subchapter:
	(1) ignorance or mistake of law;
	(2) a defendant's belief that the requirements or
	provisions of this subchapter are unconstitutional or were
	unconstitutional;
	(3) a defendant's reliance on a court decision that has
	been vacated, reversed, or overruled on appeal or by a subsequent
	court, even if that court decision had not been vacated, reversed,
	or overruled when the cause of action accrued;
	(4) a defendant's reliance on any state or federal
	court decision that is not binding on the court in which the action
	has been brought;
	(5) a defendant's reliance on any federal statute,
	agency rule or action, or treaty that has been repealed,
	superseded, or declared invalid or unconstitutional, even if that
	federal statute, agency rule or action, or treaty had not been
	repealed, superseded, or declared invalid or unconstitutional when
	the cause of action accrued;
	(6) non-mutual issue preclusion or non-mutual claim
	preclusion;
	(7) the consent to the defendant's conduct that is the
Statutes affected: Introduced: ()