The Woman and Child Protection Act introduces substantial changes to the regulation of abortion and abortion-inducing drugs in Texas by establishing Chapter 171A in the Health and Safety Code. This chapter includes definitions related to abortion and sets forth civil liability provisions, specifying that certain entities, such as internet and cloud service providers, cannot be held liable for actions related to the distribution of abortion-inducing drugs unless intended to facilitate an abortion. The bill prohibits the manufacture or distribution of these drugs in Texas, with exceptions for medical emergencies. It also allows private individuals to initiate qui tam actions on behalf of the state for violations of the new regulations, limits state court jurisdiction in related cases, and designates the Fifteenth Court of Appeals as the exclusive appellate jurisdiction for certain appeals.

Additionally, the bill amends the Health and Safety Code and the Civil Practice and Remedies Code, establishing that Texas courts lack jurisdiction to declare any provisions of the subchapter invalid or unconstitutional. It imposes joint and several liability on those seeking declaratory or injunctive relief against abortion laws, requiring them to pay the prevailing party's attorney's fees and costs. The bill clarifies the definition of a "prevailing party," allows for the recovery of costs and attorney's fees in abortion-related claims, and voids conflicting contractual choice-of-forum provisions. The provisions of this Act will apply only to causes of action accruing on or after its effective date of September 1, 2025.

Statutes affected:
Introduced: Civil Practice and Remedies Code 27.010, Chapter , Civil Practice and Remedies Code 30.022, Civil Practice and Remedies Code 30.022 (Civil Practice and Remedies Code 27, Chapter , Civil Practice and Remedies Code 30, Civil Practice and Remedies Code 30)
Senate Committee Report: Civil Practice and Remedies Code 27.010, Chapter , Civil Practice and Remedies Code 30.022, Civil Practice and Remedies Code 30.022 (Civil Practice and Remedies Code 27, Chapter , Civil Practice and Remedies Code 30, Civil Practice and Remedies Code 30)
Engrossed: Civil Practice and Remedies Code 27.010, Chapter , Civil Practice and Remedies Code 30.022, Civil Practice and Remedies Code 30.022 (Civil Practice and Remedies Code 27, Chapter , Civil Practice and Remedies Code 30, Civil Practice and Remedies Code 30)