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 entities like internet and cloud service providers cannot be held liable for the distribution of abortion-inducing drugs. The bill prohibits the manufacture or distribution of these drugs in Texas, with certain medical exceptions, and limits state court jurisdiction over related claims. It also allows private individuals to initiate qui tam actions against violators, provides immunity defenses, and emphasizes that no liability will be imposed on individuals acting under federal law or in good faith compliance with the law.
Additionally, the bill outlines a six-year statute of limitations for actions under Section 171A.151 and establishes remedies for qui tam relators, including injunctive relief and statutory damages. It clarifies that the chapter does not impose liability for First Amendment-protected speech and prohibits coordinated enforcement actions by state entities with qui tam relators. The bill also addresses clawback actions, stating that Texas courts will not enforce out-of-state judgments related to such provisions unless mandated by federal law or the Texas Constitution. It reinforces the Attorney General's authority to act against violations of criminal abortion laws while protecting women seeking abortions from legal action. Overall, the legislation aims to strengthen the enforcement of abortion laws while providing specific protections and limitations on liability for various parties involved.
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 30, Civil Practice and Remedies Code 27, Chapter , 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 30, Civil Practice and Remedies Code 27, Chapter , 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 30, Civil Practice and Remedies Code 27, Chapter , Civil Practice and Remedies Code 30)