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 if they are not directly involved in the abortion process. The bill prohibits the manufacture, distribution, and provision of these drugs, with exceptions for medical emergencies and non-abortion-related purposes. It also allows private individuals to initiate qui tam actions against violators, limits state court jurisdiction, and designates the Fifteenth Court of Appeals as the exclusive jurisdiction for certain appeals.
Additionally, the bill outlines a six-year statute of limitations for actions under Section 171A.151 and provides remedies for qui tam relators, including injunctive relief and statutory damages. It clarifies that the chapter does not impose liability for protected speech and prohibits coordinated enforcement actions by state entities with qui tam relators. The bill reinforces Texas courts' jurisdiction over defendants in qui tam actions, allows for service outside the state, and voids conflicting contractual provisions. It also emphasizes the Attorney General's authority to act against violations of criminal abortion laws while protecting women seeking abortions from legal action. The bill includes amendments to the Health and Safety Code and the Civil Practice and Remedies Code, particularly regarding jurisdiction and attorney's fees, and establishes that its provisions will apply only to causes of action accruing on or after 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 (Chapter , Civil Practice and Remedies Code 30, Civil Practice and Remedies Code 27, 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 (Chapter , Civil Practice and Remedies Code 30, Civil Practice and Remedies Code 27, Civil Practice and Remedies Code 30)