The Women and Child Protection Act introduces Chapter 171A to the Health and Safety Code, focusing on the regulation of abortion-inducing drugs and establishing civil liability for their distribution. The bill prohibits the manufacture, distribution, and provision of these drugs, with exceptions for protected speech and conduct under the First Amendment. It allows individuals to pursue private civil actions for wrongful death or personal injury related to the use of these drugs, while also outlining defenses and limitations on liability for certain parties. Notably, the bill enforces that state or local authorities cannot directly enforce these provisions, and it introduces a six-year statute of limitations for actions under this chapter.

Additionally, the bill establishes a qui tam enforcement mechanism, enabling private individuals to bring actions against violators of the provisions regarding abortion-inducing drugs, while protecting certain individuals from being sued. It emphasizes the applicability of Texas law and the Texas Constitution, declaring any conflicting choice-of-law provisions void. The bill also addresses sovereign immunity, clarifying its application in state and federal courts and restricting state officials' ability to waive this immunity. Furthermore, it ensures that courts cannot grant relief in cases challenging the constitutionality of the new law, with an effective date set for October 1, 2025.

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