The Women and Child Protection Act introduces Chapter 171A to the Health and Safety Code, which focuses on the civil liability associated with abortion-inducing drugs in Texas. The bill establishes definitions for abortion, abortion-inducing drugs, and abortion providers, while prohibiting the manufacture, distribution, and provision of such drugs. It allows individuals to pursue private civil actions against those who violate these prohibitions, holding them strictly liable for wrongful death or personal injury resulting from the use of these drugs. The enforcement of these provisions is limited to private civil actions, with state or local authorities prohibited from direct enforcement. The statute of limitations for bringing an action is set at six years, and waivers of the right to bring such actions are not permitted.

Additionally, the bill outlines various defenses for those accused under this chapter, including lack of knowledge and inability to identify specific manufacturers. It allows for qui tam actions, which must be filed in the name of both the relator and the state, and specifies that certain defenses, such as ignorance of the law, cannot be used. The bill also emphasizes that any contractual choice-of-law provisions conflicting with Texas law are void, and it grants the attorney general the authority to bring civil actions on behalf of unborn children against violations of criminal abortion laws. Furthermore, it restricts courts from granting relief that would invalidate any provisions of this chapter and allows individuals to bring actions against state officials who violate these provisions. The bill is set to take effect 91 days after the legislative session concludes.

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