The Women and Child Protection Act, proposed in H.B. No. 5510, introduces a comprehensive framework for regulating abortion-inducing drugs in Texas by establishing Chapter 171A in the Health and Safety Code. The bill prohibits the manufacture, possession, distribution, and provision of these drugs, while creating a private civil right of action for individuals harmed by their distribution. It limits enforcement to private civil actions, thereby restricting the state's ability to impose penalties. The legislation includes exceptions for First Amendment protections and medical emergencies, while also ensuring that women seeking abortions and those acting under federal law are not subject to lawsuits under this chapter. Additionally, the bill outlines specific defenses that cannot be used in civil actions and establishes a statute of limitations of six years for bringing such actions.

Moreover, the bill amends Section 71.02(a) of the Penal Code to include new offenses related to the mailing or delivery of items intended for producing elective abortions and damage to property associated with churches or crisis pregnancy centers. It removes previous offenses related to the unlawful possession with intent to deliver controlled substances. The new provisions will apply only to offenses committed on or after the effective date of the Act, set for September 1, 2025, with a severability clause ensuring that remaining provisions remain enforceable if any part is found invalid. Overall, the bill aims to strengthen legal protections surrounding abortion while limiting avenues for legal challenges against its provisions.

Statutes affected:
Introduced: Civil Practice and Remedies Code 27.010 (Civil Practice and Remedies Code 27)