H.B. No. 82, known as the Women and Child Protection Act, amends the Texas Health and Safety Code by introducing Chapter 171A, which focuses on the regulation of abortion-inducing drugs and the enforcement of related laws. The bill establishes definitions for abortion and abortion-inducing drugs, prohibits the manufacture and distribution of these drugs, and allows enforcement solely through private civil actions. It protects certain entities, such as internet service providers, from civil liability for distributing abortion-related information. The bill imposes strict civil liability on individuals involved in the manufacture or distribution of abortion-inducing drugs, allowing claims for wrongful death or personal injury, and includes provisions for market-share liability when a specific manufacturer cannot be identified. Importantly, it prohibits civil actions against women seeking abortions or those acting under federal law.
Additionally, the bill introduces provisions related to civil liability and enforcement, including a six-year statute of limitations for actions under Section 171A.101, and prohibits waivers of the right to bring such actions. It allows for qui tam actions, enabling private individuals to sue on behalf of the state for violations of abortion-related laws, while ensuring that certain parties cannot be sued. The bill reinforces the state's sovereign immunity, protecting it from legal challenges regarding the chapter's provisions, and outlines consequences for officials who violate these immunities. Overall, H.B. No. 82 aims to strengthen the enforcement of abortion laws while limiting the applicability of external legal frameworks and protecting defendants' rights.
Statutes affected: Introduced: Civil Practice and Remedies Code 27.010 (Civil Practice and Remedies Code 27)