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 and enforcement of abortion-inducing drugs. The bill establishes clear definitions and prohibitions regarding the manufacture, distribution, and provision of these drugs, while allowing for certain exceptions related to protected speech and conduct. Notably, enforcement of these provisions is limited to private civil actions, preventing state or local government involvement. The bill also introduces civil liability for individuals involved in the distribution of abortion-inducing drugs, allowing parents of unborn children to pursue wrongful death claims and establishing market-share liability for claimants unable to identify specific manufacturers.
Additionally, the bill outlines various legal protections and limitations, including the voiding of any waiver of the right to sue under the new section, and specifies that certain defenses, such as ignorance of the law, are not applicable in these cases. It sets a six-year statute of limitations for bringing actions and restricts the application of laws from other jurisdictions unless mandated by the Texas Constitution or federal law. The bill also grants the attorney general the authority to initiate civil actions on behalf of unborn children and establishes sovereign immunity for the state against challenges to the bill's provisions. Overall, the Women and Child Protection Act aims to create a comprehensive legal framework for the enforcement of abortion-related laws while ensuring specific protections for individuals involved in these legal actions.
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)