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 defines key terms, prohibits the manufacture and distribution of abortion-inducing drugs, and allows enforcement solely through private civil actions. It imposes civil liability on individuals involved in the production or distribution of these drugs, enabling biological parents of unborn children to pursue wrongful death claims. The legislation also establishes a six-year statute of limitations for such actions and prohibits waivers of the right to bring these claims, declaring them void as against public policy.

Additionally, the bill outlines provisions for qui tam actions against violators of the new regulations, ensuring that relators cannot sue women seeking abortions or individuals acting under federal law. It reinforces the state's sovereign immunity, protecting it from legal challenges regarding the chapter's provisions, and specifies that certain defenses are not applicable in these cases. The bill also clarifies that any contractual choice-of-law provisions requiring the application of laws from other jurisdictions are void, and it allows for fee shifting to recover costs from parties seeking declaratory or injunctive relief against enforcement of abortion laws. Overall, the legislation aims to create a robust framework for enforcing abortion-related laws while safeguarding specific rights and limiting external legal influences.

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