The Women and Child Protection Act introduces comprehensive regulations concerning abortion and 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 abortion-inducing drugs, while also creating a private civil right of action for individuals harmed by these drugs. It specifies that defendants in civil actions must prove affirmative defenses by a preponderance of the evidence and outlines that certain defenses, such as ignorance of the law, are not permissible. The bill also sets a six-year statute of limitations for actions related to abortion-inducing drugs and affirms that Texas courts have jurisdiction over defendants regardless of their location.
Additionally, the bill amends existing laws to provide absolute immunity for interactive computer service providers restricting access to abortion-related information and allows for qui tam actions against those violating provisions related to abortion-inducing drugs. It criminalizes the act of paying for or reimbursing abortion costs and includes penalties for the destruction of evidence related to abortions. The bill also clarifies that any contractual choice-of-law provisions requiring the application of laws from other jurisdictions are void, reinforcing Texas's public policy on abortion. Overall, the legislation aims to strengthen enforcement against abortion-related activities while ensuring protections for defendants and maintaining First Amendment rights.
Statutes affected: Introduced: Civil Practice and Remedies Code 27.010 (Civil Practice and Remedies Code 27)