The Women and Child Safety Act, introduced as H.B. No. 80 by Toth, seeks to impose stringent regulations on abortion and the distribution of abortion-inducing drugs in Texas. The bill asserts that human life begins at fertilization, categorizing abortion as a violent act that terminates a human life, and emphasizes equal protection for unborn human beings under the law. It introduces new provisions under Chapter 171A of the Health and Safety Code, defining abortion-related terms and prohibiting the manufacture, possession, and distribution of abortion-inducing drugs. The legislation establishes civil liability for violations, allowing for wrongful death and personal injury claims, while also providing certain defenses against liability. Notably, it prohibits public enforcement of these actions by state entities, allowing private individuals to bring civil actions against violators.
Additionally, the bill introduces a new subchapter mandating Internet service providers (ISPs) to block access to specific websites related to elective abortions and abortion-inducing drugs, granting them immunity for compliance. It criminalizes actions such as paying for abortion costs and concealing evidence related to abortions, with no statute of limitations for such offenses. The bill also addresses sovereign immunity, clarifying that it applies universally across all courts and that any judicial relief ignoring this immunity is void. The legislation is set to take effect on September 1, 2025, and applies only to causes of action that accrue on or after that date.
Statutes affected: Introduced: Penal Code 71.02 (Penal Code 71)