S.B. No. 7, known as the Woman and Child Protection Act, introduces substantial changes to Texas law regarding abortion, particularly focusing on the regulation and civil liability associated with abortion-inducing drugs. The bill establishes Chapter 171A in the Health and Safety Code, defining key terms and specifying that certain medical actions related to abortion-inducing drugs will not incur liability if performed for specific medical purposes, such as treating emergencies or ectopic pregnancies. It also limits state court jurisdiction over claims related to these actions, granting exclusive appellate jurisdiction to the Fifteenth Court of Appeals for certain interlocutory appeals. Additionally, the bill allows private individuals to initiate qui tam actions against violators of abortion regulations, while protecting certain entities from liability under specific circumstances.
The legislation further amends the Health and Safety Code and the Civil Practice and Remedies Code to restrict judicial review and impose financial penalties on those challenging abortion laws. It introduces Section 171.2105, which states that courts lack jurisdiction to declare any provision of the subchapter invalid or unconstitutional, and modifies Section 30.022 to hold individuals or entities seeking declaratory or injunctive relief jointly liable for the prevailing party's attorney's fees and costs. The bill clarifies the definition of a "prevailing party," allows for the recovery of costs in cases favoring the defending party, and outlines specific venues for civil actions related to these claims. It is set to take effect on September 1, 2025, and includes a severability clause to maintain the validity of remaining provisions if any part is found invalid.
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)