The Women and Child Protection Act proposes significant amendments to the Texas Health and Safety Code by introducing Chapter 171A, which focuses on the regulation of abortion-inducing drugs. The bill establishes strict prohibitions against the manufacture, distribution, and provision of these drugs, while allowing for certain exceptions related to protected speech and conduct. Enforcement of these provisions is limited to private civil actions, with individuals being able to bring qui tam actions against violators. The bill also outlines civil liability for those involved in the distribution of abortion-inducing drugs, allowing biological parents to seek wrongful death claims, while prohibiting class actions and setting a six-year statute of limitations for such actions.
Additionally, the bill emphasizes the state's public policy by declaring any contractual choice-of-law or choice-of-forum provisions that attempt to apply laws from other jurisdictions or dictate different forums as void. It provides for fee-shifting in cases where parties seek declaratory or injunctive relief against abortion laws, allowing the prevailing party to recover costs and attorney's fees. The legislation also clarifies that the immunities conferred by Section 171A.401 apply across all courts and adjudicative proceedings, and it restricts courts from granting relief that would invalidate or restrain the enforcement of this chapter. Overall, the bill aims to strengthen the enforcement of abortion laws while protecting the state's interests and limiting the jurisdiction of courts in these matters.
Statutes affected: Introduced: Civil Practice and Remedies Code 27.010 (Civil Practice and Remedies Code 27)
Senate Committee Report: Civil Practice and Remedies Code 27.010 (Civil Practice and Remedies Code 27)
Engrossed: Civil Practice and Remedies Code 27.010 (Civil Practice and Remedies Code 27)